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09.05.23 Council Packet
Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 5, 2023 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS (This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA 7.1. Minutes of the August 21, 2023 Regular City Council Meeting. Agenda Item: Minutes of the August 21, 2023 Regular City Council Meeting. - Pdf 4 - 8 7.2. Minutes of the August 21, 2023 Special Work Session Agenda Item: Minutes of the August 21, 2023 Special Work Session - Pdf 9 - 13 7.3. Amendment 1 to the Construction Services Scope and Budget for the Akin Road Improvements Agenda Item: Amendment 1 to the Construction Services Scope and Budget for the Akin Road Improvements - Pdf 14 - 17 7.4. Federal Aviation Administration Request to Allow Parking on Division Street Agenda Item: Federal Aviation Administration Request to Allow Parking on Division Street - Pdf 18 - 20 7.5. Road and Trail Maintenance Agreement with the City of Empire 21 - 22 Page 1 of 52 Agenda Item: Road and Trail Maintenance Agreement with the City of Empire - Pdf 7.6. Sewer Agreement with the City of Empire Agenda Item: Sewer Agreement with the City of Empire - Pdf 23 - 24 7.7. Vita Attiva at South Creek Encroachment Agreement Agenda Item: Vita Attiva at South Creek Encroachment Agreement - Pdf 25 - 32 7.8. Approve Bills Agenda Item: Approve Bills - Pdf 33 - 34 Approve Bills 7.9. Employee Recognition Program Agenda Item: Employee Recognition Program - Pdf 35 - 36 7.10. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 37 7.11. Resolution Accepting Donation of Coach Transportation Agenda Item: Resolution Accepting Donation of Coach Transportation - Pdf 38 - 39 8. PUBLIC HEARINGS 8.1. Consideration of Resolution No. R58-23 Certifying the 2024 Property Tax Levy Recommendation by the Farmington Economic Development Authority Conduct required public hearing and adopt Resolution No. R58-23 Certifying the 2024 Property Tax Levy Recommendation by the Farmington Economic Development Authority. Agenda Item: Consideration of Resolution No. R58-23 Certifying the 2024 Property Tax Levy Recommendation by the Farmington Economic Development Author - Pdf 40 - 46 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1. Ordinance Amending Section 10-6-29: Chickens on Urban Residential Lots Approve and pass Ordinance No. 023-775, and the summary ordinance thereof, Amending Title 10, Chapter 6, Section 29 of the Farmington City Code as it Relates to Chickens on Residential Lots. Agenda Item: Ordinance Amending Section 10 -6-29: Chickens on Urban Residential Lots - Pdf 47 - 52 11. UNFINISHED BUSINESS Page 2 of 52 12. NEW BUSINESS 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the August 21, 2023 Regular City Council Meeting. Meeting: Regular Council - Sep 05 2023 INTRODUCTION: For Council review and approval are the minutes of the August 21, 2023 Regular City Council meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes from the August 21, 2023 Regular City Council meeting. ATTACHMENTS: 08.21.23 Council Minutes Page 4 of 52 City of Farmington Regular Council Meeting Minutes Monday, August 21, 2023 The City Council met in regular session on Monday, August 21, 2023, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: Councilmember Katie Porter (excused) Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community Development Director Chris Regis, Finance Director Kellee Omlid, Parks & Recreation Director Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk Others Present: Gabrielle Grinde, Hoisington Koegler Group, Inc. (HKGi) David McMillen, Parks and Recreation Advisory Commission John Martens, Dakota County Planning Office 4. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS None. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS • David Pritzlaff, 20255 Akin Road, addressed the Council regarding the Akin Road project and Staff responses to his questions. Page 5 of 52 Regular City Council Minutes August 21, 2023 Page 2 of 4 7. CONSENT AGENDA 7.1 Council Work Session Minutes for August 7, 2023 7.2 Regular City Council Minutes for August 7, 2023 7.3 Designation of a Temporary Building Official; Resolution No. R56-23 Appointing a Temporary Building Official and Approving Joint Agreement with the City of Lakeville 7.4 2024 Street and Utility Improvements and 2024 Mill & Overlay Project Areas 7.5 Joint Powers Agreement with Dakota County for CSAH 31/206th Street Turn Lane Modifications 7.6 Purchase of a New Western Tornado Hopper Spreader from Aspen Equipment 7.7 Bills for August 2 – 14, 2023 7.8 Staff Changes and Recommendations: Appointment of Tyler Borlik, Ethan Coyer, Kevin Conrad, Michael Fors, Rodney Koch, and Jacob Novak as Seasonal Arena Supervisors, and Molly Burmeister as Seasonal Skate Supervisor 7.9 Updated Personnel Policies: Drug and Alcohol Testing for Commercial Drivers Policy, and Drug, Alcohol and Cannabis Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers (Non-DOT) 7.10 Resolution No. R57-23 Accepting a Donation of $117.90 from Happy Harry’s Furniture for the Rambling River Center Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the Consent Agenda, as amended. Motion carried: 4 ayes / 0 nays. 8. PUBLIC HEARINGS None. 9. AWARD OF CONTRACT None. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS None. 12. NEW BUSINESS 12.1 Rambling River Park Master Plan The Rambling River Park Master Plan was presented by Director Omlid and Gabrielle Grinde of HKGi. Council asked questions and received answers. Page 6 of 52 Regular City Council Minutes August 21, 2023 Page 3 of 4 Discussion included: • The possibility of fencing to deter people from crossing at the curve of CR 50. • Vegetation barrier as shown in the plan in the median could cause less visibility for drivers to see pedestrians. • Trails in the floodway and the need for a long-term solution that doesn’t need refurbishment. • Safe Routes to School. • Possibility of an underpass at an area of higher elevation. Motion was made by Councilmember Wilson, seconded by Councilmember Lien, to approve the updated Master Plan for Rambling River Park. Motion carried: 4 ayes / 0 nays. 13. CITY COUNCIL ROUNDTABLE • Enjoy the last two weeks of summer; be careful with the excessive heat that’s predicted for Tuesday and Wednesday. • Kids and buses will be out soon – there will be a lot more vehicle and foot traffic, so pay attention and make sure everyone is safe during this transition back to school; and take some time to enjoy these last couple weeks with your kids. • Helped a couple of Veterans this weekend; we are a community that serves each other, so if you have a neighbor that you don’t see often or don’t have enough interaction with, check in on them and see how you may be able to help. • The Governor’s Judicial Selection Committee is recommending candidates to replace Judge Wermager in Dakota County and Judge Vandelist in Scott County, First Judicial District. Local judges do a lot of public service for our courts. • The last Open Door food pantry at Rambling River Center helped 1 21 families in our area, which is an amazing service to our community. The next Open Door is planned for September 19th at the Rambling River Center. • Thank you to the Dakota County Regional Chamber for helping us host the Coffee Break for residents and businesses within Dakota County. It was great to meet new people and welcome them to City Hall for our Coffee Break. • We are looking at filling some key positions due to retirements, which will be brought forward to Council in the next month or so. • On September 13th, the Dakota County Regional Chamber and five other Chambers will come together to host the Leaders in Local G overnment Awards Ceremony. This is a time when they honor five local government organizations that demonstrate innovation, excellence, and success with local government in categories such as business retention, communication and marketing, innovation, planning, land use, public works, and public safety. At this ceremony, they also recognize two individuals. One is an Elected Official of Note that is retiring and the other is a Rising Star, which is recognizing young talent that is entering government services. Farmington has been nominated in two of those categories. Page 7 of 52 Regular City Council Minutes August 21, 2023 Page 4 of 4 We are up for an award for the Communication and Marketing category for our Unexpectedly Bold economic development campaign, and the other is Jared Johnson, our very own Planning Coordinator has been nominated and is a finalist for the Rising Star Award. Very proud of the team we have – it is a great honor to see our team members being recognized outside of our own walls. • A meeting was held earlier today with Union Pacific Railroad representatives, the State Rail Office, and Union Pacific’s consultants. They’re looking to replace the crossing at Spruce Street. The arms and gates are antiquated, and parts cannot be found for them. Preliminary schedule is to start work next spring. • The final Music in the Park is scheduled for August 30th at 7:00 p.m. at Rambling River Park. The Steel Drum Band will be performing. The parks and facilities tour is also scheduled for this same evening at 6:00 p.m. • Finance is keeping the train on the tracks, paying bills, taking in money, and doing what we do. • Thank you to the 25+ neighborhoods and organizations that registered for National Night Out. It was a good time getting out to as many locations as we could and good to see representatives from the schools, Council, Police and Fire out there, as well. It was a good time. • Back to school – don’t forget what a school bus stop arm looks like. Reminder to be aware of the buses, the kids around the proximity of the buses, and slow things down because they’ll be out there. September is right around the corner. 14. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adjourn the meeting at 8:10 p.m. Motion carried: 4 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 8 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the August 21, 2023 Special Work Session Meeting: Regular Council - Sep 05 2023 INTRODUCTION: For Council review and approval are the minutes of the August 21, 2023 Special Work Session. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes from the August 21, 2023 Special Work Session. ATTACHMENTS: 08.21.23 Special Work Session Minutes Page 9 of 52 City of Farmington City Council Special Work Session Minutes Monday, August 21, 2023 The City Council met in a Special Work Session on Monday, August 21, 2023, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the Special Work Session to order at 6:07 p.m. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: Councilmember Katie Porter (excused) Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Deanna Kuennen, Community Development Director Chris Regis, Finance Director Kellee Omlid, Parks & Recreation Director Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk 2. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays. 3. DISCUSSION ITEMS 3.1 Joint Powers Agreement (JPA) with Dakota County for Absentee Mail Voting Services City Clerk Buecksler presented the County’s proposed Joint Powers Agreement (JPA) for Absentee Mail Voting Services and answered questions from Council. This JPA is designed to move the processing of all mail-in absentee ballots from each of the Dakota County cities, townships, and school districts (election partners) to the County for the 2024-2025 election cycle, with the option to renew each election cycle thereafter. A daily courier service would be provided by the County to pick up ballots from each city, township, and school district. The County is seeking written intent from each of its election partners and, if received, plans to bring the draft JPA to the County Board for approval at their meeting in September. Page 10 of 52 City Council Special Work Session Minutes August 21, 2023 Page 2 of 4 The original proposal from the County included cities, townships, and school districts picking up 100% of the cost for County staffing, with Farmington’s share at $33,607. City Administrators met and discussed this proposal over the past several months and pushed back to the County to lower the cost burden for everyone involved. The County reworked their proposal, and, under the new JPA, the County will assume 55% of costs, with cities, townships, and school districts assuming 45% of costs for even year regular and State special elections. This brought Farmington’s cost down to $15,816, which was further reduced by the County’s ongoing voter funds for Farmington of $4,027. The City of Farmington’s cost of $11,789 in this new JPA can be budgeted over two years (approximately $6,000 annually). A lot of time and work is involved in processing absentee ballots, and this JPA would relieve the workload for Clerks and other Election Officials if it were to be approved. For reference, the number of absentee ballots received by the City of Farmington in the past two General Election cycles includes: November 2022 General Election • 65% of the 14,480 registered voters in Farmington voted in this mid-term election. • Of those 9,479 ballots cast, 2,395 ballots (25%) were cast by absentee ballot. November 2022 General (Presidential) Election • 82% of the 14,736 registered votes in Farmington voted in this Presidential General Election. • Of those 12,102 ballots cast, 8,200 ballots (68%) were cast by absentee ballot. • This election occurred during the COVID-19 pandemic when many voters were concerned about going to their polling locations. Voters appreciated the opportunity to vote by absentee ballot and, now that they have a feel for how well it works, they may be more apt to vote by absentee in 2024 and future elections. Discussion included: • Council is open to the idea of the JPA but would like to know whether absentee ballots will be co-mingled between precincts or with other cities. • It would be helpful to see how special elections go this fall with the County processing absentee ballots for the school board and other cities and see it in real time. Council chose not to move forward with the County’s JPA at this time. Page 11 of 52 City Council Special Work Session Minutes August 21, 2023 Page 3 of 4 Due to lack of time, motion was made by Mayor Wilson and seconded by Councilmember Lien to recess the Special Work Session at 6:45 p.m. and reconvene five minutes following adjournment of the Regular City Council Meeting. Motion carried: 4 ayes / 0 nays. Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to reconvene the Special Work Session at 8:36 p.m. Motion carried: 4 ayes / 0 nays. 3.2 Proposed 2024 Budget Update At their August 7th Work Session, Council discussed the proposed 2024 budget and provided Staff with direction to look for potential funding sources for Emerald Ash Borer (EAB) mitigation and the maintenance of the city trail system. Within the 2024-2028 Capital Improvement Plan (CIP), funding is provided for both EAB and the city trail system. However, the funding levels within the CIP are less than what is actually needed to fulfill the needs of each project. Options may be to increase the levy, or use an internal loan fund or solid waste funds. Discussion included: • Solid Waste fund and possible uses; the new grant writer will bring us opportunities that will need matching funds available. • EAB – Staff is working on getting trees down daily; looking for grant opportunities; short by $500K for EAB – could increase the levy, take from the Solid Waste fund, or an internal loan; need to ensure we’re working at a manageable pace. • Prefer not to borrow from an internal fund. • Concern over using the Solid Waste funds and having nothing. • Council and Staff agreed that we need to get the Solid Waste fund off the budget/levy by the time the levy is certified in December; Staff will have a plan to how it’s reallocated and spent. Mayor Hoyt reminded Council that we need to set the preliminary levy by the end of September. It can be set high now and brought down for the final levy in December, but once the preliminary levy is set, it cannot be increased. Council agreed to set the preliminary levy at 12.5% and work on bringing it down in December, allowing time for Councilmember Porter to weigh in on it. Page 12 of 52 City Council Special Work Session Minutes August 21, 2023 Page 4 of 4 4. COUNCIL COMMITTEE UPDATE No update. 5. CITY ADMINISTRATOR UPDATE No update. 6. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adjourn the meeting at 9:33 p.m. Motion carried: 4 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 13 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Amendment 1 to the Construction Services Scope and Budget for the Akin Road Improvements Meeting: Regular Council - Sep 05 2023 INTRODUCTION: On May 1, 2023, the City Council approved a contract with WSB for Construction services for the Akin Road Improvements. The approved budget for these services was $142,303; City Staff is recommending an adjustment to the work scope to review the posted speed limit and evaluate potential non-motorized safety improvements. DISCUSSION: Well before the recent reconstruction, compliance with the posted maximum speed limit on Akin Road has been a challenge. To quantify the post-construction compliance, the City will be collecting directional volumes and speed data at four locations within the corridor. As new roadway and trail improvements are in place, we also want to further consider non-motorized users and potential safety enhancements along the corridor. As WSB is already under contract for construction administration, and are familiar with the most recent improvements, we requested a work scope and budget from them for these tasks. This work scope and budget are attached and include the following: • Kickoff meeting with City Staff. • Traffic data collection at four locations. • Project walk-through. • Identify potential areas and opportunities for reducing speed. • Identify potential area and opportunities to enhance non-motorized user safety. • Summary document including to include data and findings. BUDGET IMPACT: We reviewed the construction administration costs to date as compared to the approved budget. Through the week of August 19, 2023, engineering costs are tracking under budget. Staff is confident that the approved maximum will not be exceeded. The proposed fee for this work is $19,064 which would be added to the previously approved maximum of $142,303. ACTION REQUESTED: Approve Amendment 1 to the Construction Services Scope and Budget for the Akin Road Improvements Page 14 of 52 ATTACHMENTS: Akin Road WSB Amendment 1 Page 15 of 52 G:\GROUP DATA\Traffic\Proposals\2023\Farmington\Akin Road Farmington - Scope and Cost Estimate.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M Memorandum To: John Powell, PE, Public Works Director, City of Farmington From: Erik Seiberlich, Senior Project Manager, Traffic Engineering Date: August 18, 2023 Re: Proposed Scope of Work for Evaluating Potential Pedestrian Improvements on Akin Road from 195th Street to Highway 50 WSB understands that construction is nearly complete for Akin Road, from south of 195th Street to north of Highway 50 (approximately 1.8 miles). The facility is being constructed as a two-lane road with turn lanes at most intersections and trail running along the east side. The City is interested in identifying potential pedestrian enhancement and speed reduction strategies. WSB will visit the site, collect traffic and pedestrian/bicycle data at locations along the corridor, review the design plans and evaluate potential opportunities for improving safety for motorists and non-motorized users. The following is a list of tasks and deliverables for this project: 1. Project Management –WSB’s project manager will work with the City of Farmington to keep the City informed of the project status, schedule, and budget, and discuss any potential challenges prior to them becoming an issue that could hinder the process. a. This includes an initial kick-off meeting with the City following NTP and prior to visiting the site and collecting data to confirm project tasks, schedule, and milestones. 2. WSB will collect traffic data at several locations along the corridor. Data collection efforts include: a. Tube data collection at four locations on the corridor. Data collected will include hourly directional volumes and speed data. Exact locations will be identified during the kick-off meeting. b. Intersection turning movement counts at four locations on the corridor. Video cameras will be set at each intersection and data will be collected for the six peak hours. Data collected will include traffic data (passenger cars and heavy vehicles) and pedestrian/bicycle counts at each intersection. Exact locations will be identified during the kick-off meeting. c. WSB will perform a field walk once construction is complete to document conditions and highlight areas for potential improvement. One element of the field walk will include evaluating whether certain segments of the corridor can be considered an urban district per relevant guidelines. The field walk will include photo documentation and a summary memo including figures and graphics. 3. WSB will review the project planset to identify potential areas and opportunities for reducing speed or improving speed compliance on the corridor. Information gained through plan review will be combined with findings from the field review and data collection to complete this task. Recommendations will be provided as part of a final document including findings, figures, and graphics. Page 16 of 52 Page 2 G:\GROUP DATA\Traffic\Proposals\2023\Farmington\Akin Road Farmington - Scope and Cost Estimate.docx 4. WSB will review the project planset to identify potential areas and opportunities to enhance safety for non-motorized users along the corridor. WSB will look at sight distance, attractors for non-motorized users, inplace facilities and other features on the newly constructed corridor. Information gained through plan review will be combined with findings from the field walk and data collection to complete this task. Recommendations for potential safety enhancements will be provided as part of a final documen t including findings, figures and graphics. 5. WSB will provide one summary document with recommendations for enhancing safety and improving speed compliance/reducing vehicle speeds on the corridor. The document will include background, field activities, findings and recommendations. The document will be complete with any necessary tables, figures, graphic s, photos and an appendix with field data collection information. Work on this project will commence following NTP, with data collection and the field walk taking place after completion of the roadway striping. WSB estimates a draft report with recommendations with six weeks of completion of the roadway striping. WSB will bill the actual hours worked by each employee classification at the current WSB hourly rates for each of those employee classifications with a total project cost of $19,064. Please see the table below for detailed costs by WSB staff member. Thank you for the opportunity to propose on this project. Please contact me at 612.508.5996 if you have any questions regarding the content of this proposal. Sincerely, Erik Seiberlich Senior Project Manager – Traffic Engineering SEIBERLICH Project Manager DELMORE Principal FITZPATRICK Traffic Engineer PERRON ADA Expert STENSGAARD Grad Engineer SEEGER Data Collection Total Cost 1 Project Management 8 2 10 2,030$ 2 Data Collection / Field Reviews 8 4 8 34 54 6,596$ 3 Evaluation of Speed Related Improvements 4 2 8 8 22 3,298$ 4 Evaluation of ADA Enhancement Opportunities 4 2 8 8 22 3,842$ 5 Documentation 4 2 8 8 22 3,298$ 28 8 28 16 16 34 130 195$ 235$ 154$ 170$ 102$ 90$ 19,064$ 5,460$ 1,880$ 4,312$ 2,720$ 1,632$ 3,060$ TASK TOTAL HOURS Hourly Rate Estimated Labor Costs AKIN ROAD SAFETY REVIEW ESTIMATED HOURS Page 17 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Federal Aviation Administration Request to Allow Parking on Division Street Meeting: Regular Council - Sep 05 2023 INTRODUCTION: The Federal Aviation Administration (FAA) has requested that parking be allowed on Division Street between Walnut Street and Spruce Street during their upcoming parking lot replacement work. DISCUSSION: The FAA plans to replace their visitor parking lot yet this fall; this work includes replacing the concrete as well as the underlying base, doing various electrical work, and some fencing. To provide additional parking during this work, they have requested permission for parking on Division Street from Spruce Street to Walnut Street from September 11, 2023, to October 31, 2023. This area is currently signed for No Parking along both sides of Division Street. Attached are two aerial images for reference. Division Street in this area was recently reconstructed to a 32 -foot section from face of curb to face of curb using barrier-type (not surmountable) curb. This section allocates space for two 11 -foot travel lanes, and 5-foot shoulders on both sides. Allowing parking on both sides, and assuming 9-foot parking stalls, would narrow the available travelled way to 14 feet. There are no driveways that directly access Division Street in this area, but there is an alley connection to the east. As this situation would only be for a one block segment, and for a limited time, Staff recommends that it be allowed. Both the Spruce and Walnut intersections will continue to have normal access routes from the east. The parking will end before the winter parking restrictions begin on November 1. BUDGET IMPACT: If allowed, the cost to cover the No Parking signs on a temporary basis would be minimal. ACTION REQUESTED: Allow FAA parking on Division Street between Walnut Street and Spruce Street from September 1 1, 2023, to October 31, 2023, only. ATTACHMENTS: FAA Area Map FAA Division Street Parking Request Page 18 of 52 Disclaimer: This map is for general reference only. They are not for legal, engineering or surveying use. The City of Farmington assumes no responsibility for damages or other liabilities due to the accuracy, availability, use or misuse of the information herein provided. Prepared on:8/31/2023 by: 0 0.03 0.050.01 mi ± Page 19 of 52 Disclaimer: This map is for general reference only. They are not for legal, engineering or surveying use. The City of Farmington assumes no responsibility for damages or other liabilities due to the accuracy, availability, use or misuse of the information herein provided. Prepared on:8/31/2023 by: 0 0.01 0.010 mi ± Page 20 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Road and Trail Maintenance Agreement with the City of Empire Meeting: Regular Council - Sep 05 2023 INTRODUCTION: As a result of recent construction activities along TH 3 including roundabouts and trails, the Cities of Farmington and Empire have agreed to take on local maintenance responsibilities. This document identifies the areas of maintenance responsibilities for each City moving forward. The document also serves to document maintenance responsibilities for a segment of Biscayne Avenue along a border between the two cities. DISCUSSION: A map of the areas to which the agreement applies is attached. The City of Farmington will be responsible for the maintenance of the trail along the west side of TH 3, north of 194th Street, as well as the roundabout at TH 3/CR 66. The City of Empire will maintain the identified segment of Biscayne Avenue. Farmington City Staff and the City Attorney have had input into the drafting of the agreement and support approval with the language as presented. The agreement has already been approved by the City of Empire and signed accordingly. BUDGET IMPACT: The agreement results in an increase in Farmington areas to maintain; additional responsibilities were anticipated when funding was pursued for these projects. ACTION REQUESTED: Approve the Road and Trail Maintenance with the City of Empire. ATTACHMENTS: Empire Farmington Road Maintenance Agreement Figure Page 21 of 52 2, 85 7.0 Legend 0 2,000 Feet Disclaimer: © Bolton & Menk, Inc - Web GIS 5/2/2023 8:08 AM This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. Empire Township is not responsible for any inaccuracies herein contained. Township Limits Roads U.S. Trunk Highway Minnesota Trunk Highway County Highway Ramp Local Roads Parcels (3/3/2023) Empire/Farmington Roadway/Trail Maintenance Agreement Map City Limits TH 3/CR64 (190th) Roundabout (50% Farm/50% Emp) Empire to Maintain TH 3 TRAIL (NORTH OF 194TH ST) FARMINGTON TO MAINTAIN TH 3 TRAIL (SOUTH OF 194TH ST TO WILLOW STREET) EMPIRE TO MAINTAIN TH 3/CR 66 Roundabout (25% Farm/75% Emp) Farmington to Maintain Biscayne Ave (50% Farm/50% Emp) Empire to Maintain Pa g e 2 2 o f 5 2 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Sewer Agreement with the City of Empire Meeting: Regular Council - Sep 05 2023 INTRODUCTION: A small area along 209th Street and within the boundaries of the City of Farmington is connected to the sanitary sewer collection system for the City of Empire. The attached agreement documents the roles and responsibilities of each City in order for this interconnection to continue. DISCUSSION: A map of the service area to which the agreement applies is attached and involves 10 parcels in Farmington. The sewer effluent from these properties discharges into a pipe on 209th Street which flows west and connects to the Empire system along the west side of TH 3. The Empire system conveys the flow to the Empire Wastewater Treatment Facility operated by the Metropolitan Council Environmental Services (MCES). Farmington City Staff and the City Attorney have had input into the drafting of the agreement and support approval with the language as presented. The agreement has already been approved by the City of Empire and signed accordingly. BUDGET IMPACT: No net adverse impact on the budget is expected as a result of this agreement. ACTION REQUESTED: Approve the Sewer Agreement with the City of Empire. ATTACHMENTS: Empire Farmington Sanitary Sewer Maintenance Agreement Figure -red Page 23 of 52 28 5.7 Legend Empire/Farming ton Sanitary Sewer Maintenance Agreement Map 0 200 Feet Disclaimer: © Bolton & Menk, Inc - Web GIS 7/31/2023 10:00 AM This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. Empire Township is not responsible for any inaccuracies herein contained. Sanitary Manhole Sanitary Lift Station Sanitary Pipe Forcemain Township Limits Parcels (3/3/2023) City Limits Empire/Farmington Sanitary Sewer Maintenance Agreement Map FARMINGTON TO MAINTAINEMPIRE TO MAINTAIN FARMINGTON PROPERTIES THAT DISCHARGE INTO EMPIRE'S SANITARY SEWER SYSTEM Pa g e 2 4 o f 5 2 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Vita Attiva at South Creek Encroachment Agreement Meeting: Regular Council - Sep 05 2023 INTRODUCTION: The developer of Vita Attiva at South Creek has requested permission to place a fountain (aeration system) in a storm water pond as an aesthetic feature. The storm water pond is located on city property (Outlot E) west of Eaton Avenue betwee n 216th Street and 217th Street. The City Attorney has worked with city staff to draft the attached encroachment agreement for this purpose. DISCUSSION: The city permitting this encroachment is conditioned upon the following, as documented in the agreement: • The pump must draw from the surface and at no time may draw water from anywhere within three (3) feet of the substrate. • The pump must be removed, at the Owner’s expense within five (5) business days’ of being notified of scheduled City maintenance; and within twenty -four (24) hours of being notified of emergency City maintenance within the Pond. • The City is not responsible for any damage to the pump or the electrical service located within its City Parcel, nor is the City responsible for any maintenance of the pump or the peripheral features. • The impeller and diffuser shall not be made of plastic. • The motor shall be no larger than 3HP. • The fountain shall not be placed in the Pond before complete ice out. • The fountain shall be removed from the pond before ice begins to form on the surface of the pond, but no later than October 26th or that date at which five years out of ten years, the minimum temperature is 24ºF. Given these conditions, city staff supports approval of the attached agreement. The placement of a fountain will not interfere with the city's normal maintenance or operation of the storm water pond. The developer has acknowledged their agreement to the terms by executing the attached agreement. BUDGET IMPACT: The developer will be responsible for all costs to install and remove the fountain on an annual basis. ACTION REQUESTED: Approve the Vita Attiva at South Creek Encroachment Agreement Page 25 of 52 ATTACHMENTS: Vita Attiva Encroachment Agreement 083123 Encroachment Agreement Exhibit A Page 26 of 52 Page 27 of 52 Page 28 of 52 Page 29 of 52 Page 30 of 52 Page 31 of 52 Page 32 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Approve Bills Meeting: Regular Council - Sep 05 2023 INTRODUCTION: Attached is the August 15, 2023 – August 29, 2023 City Council check register and recently processed automatic payments for your review. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the attached payments. ATTACHMENTS: City Claims Report Page 33 of 52 CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING PROCESSED CHECKS 651,415.21$ PROCESSED AUTOMATIC PAYMENTS 388,940.23$ GRAND TOTAL 1,040,355.44$ CITY OF FARMINGTON CITY CHECKS AND AUTOMATIC PAYMENTS REPORT September 5, 2023 The City Council will receive a list of claims paid (claims detail) and it is available to the public upon request. Page 34 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Employee Recognition Program Meeting: Regular Council - Sep 05 2023 INTRODUCTION: Staff is recommending approval of the attached Employee Recognition Program. DISCUSSION: their for employees recognize to designed Program Recognition Employee City's The is accomplishments and years of service, which has contributed to success of the City. The recognition of employees provides for retention, job satisfaction, and creates a m ore engaged work force. The attached policy memorializes practices that have been in place and sets parameters around employee service awards, recognition and appreciation events, and retirement celebrations. BUDGET IMPACT: Funds are included in the 2024 budget. ACTION REQUESTED: Approve the updated Employee Recognition Program. ATTACHMENTS: Employee Recognition Program Page 35 of 52 Employee Recognition Program Purpose The City’s Employee Recognition Program is designed to recognize employees for their accomplishments, and years of service which has contributed to the success of the City. The City acknowledges that recognition of employees provides retention, job satisfaction, and creates a more engaged work force. Service Awards In recognition of their years of service to the City, employees will receive a gift certificate to a business of their choice, located in the City of Farmington, for each year of service, in five- year increments. Full-time and part-time regular employees are eligible for service awards. Years of Service Full-time Employee Part-time Employee 5 $50 $25 10 $100 $50 15 $150 $75 20 $200 $100 25 $250 $125 30 $300 $150 35 $350 $175 40 $400 $200 Eligible employees will receive their award on or around their anniversary date. Recognition for years of service for employees that end employment and then are reinstated will be decided on a case-by-case basis. Recognition and Appreciation Events Annually the City may sponsor employee recognition events for City employees. Retirements The City may provide a plaque, cake or comparable food item and non-alcoholic beverages when a City employee retires from the City in good standing. All amounts expended shall be reasonable in nature. The costs of elements of the Employee Recognition Program shall be included as separate line item in the annual budget and approved annually by the City Council as part of the overall budget process. Page 36 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Staff Changes and Recommendations Meeting: Regular Council - Sep 05 2023 INTRODUCTION: Staff is recommending the appointment of Joshua Lawrenz as the City's new Building Official and August Kewitsch and Dalton Vickery as new Police Officers. DISCUSSION: As of September 1st, and after 22 years of service as the City's Building Official, Ken Lewis has retired. The City began the process of looking for the next Building Official in late June. Five applications were received, and two interviews were conducted with the top three candidates. Staff is recommending that Joshua Lawrenz be appointed as the City's next Building Official. Joshua has served as a Building Inspector II for the City of Faribault since 2020 and is a Certified Building Official. He also served as an intern doing building inspections for the City of Blaine. He brings desired commercial plan review experience, and experience using technology to create efficiencies. Two vacancies have recently been created in the Police Department and Staf f is recommending August Kewitsch and Dalton Vickery be appointed. August Kewitsch resides in Farmington and graduated from Mankato State University with a degree in Law Enforcement. Dalton Vickery graduated from Rasmussen College with a degree in Law Enforcement and has been working as a Community Service Officer in Lakeville. BUDGET IMPACT: Wages are included in the 2024 budget. ACTION REQUESTED: Approve the appointment of Joshua Lawrenz as the City's Building Official and August Kewitsch and Dalton Vickery as Police Officers. Page 37 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation of Coach Transportation Meeting: Regular Council - Sep 05 2023 INTRODUCTION: Coach transportation for the parks and facilities tour was donated by Marschall Line Inc. DISCUSSION: Marschall Line Inc. provided coach transportation for the parks and facilities tour for City Council, Parks and Recreation Commission, and Rambling River Center Advisory Board on August 30. Marschall Line Inc. recently purchased a new 2023 TEMSA 32 passenger coach, which was used for the tour. The value of the coach transportation is $600, as the minimum number of hours for use of the TESMA is four (4). Staff will communicate the City’s appreciation on behalf of the City Council to Marschall Line Inc. fo r this generous donation. ACTION REQUESTED: Adopt Resolution No. R59-23 Accepting a Donation of Coach Transportation from Marschall Line Inc. to the Parks and Recreation Department, valued at $600. ATTACHMENTS: R59-23 Donation Coach Transportation from Marschall Line Inc for Parks and Rec Dept Page 38 of 52 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R59-23 A RESOLUTION ACCEPTING A DONATION OF COACH TRANSPORTATION FROM MARSCHALL LINE INC. TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes, section 465.03, for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Marschall Line Inc. has donated coach transportation for the parks and facilities tour valued at $600 to the Parks and Recreation Department; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept, with gratitude, the generous donation of coach transportation valued at $600 from Marschall Line Inc. to the Parks and Recreation Department. Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 39 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community Dev Director Department: Community Development Subject: Consideration of Resolution No. R58-23 Certifying the 2024 Property Tax Levy Recommendation by the Farmington Economic Development Authority Meeting: Regular Council - Sep 05 2023 INTRODUCTION: Minnesota Statues provide that a City may, at the request of the Economic Development Authority (EDA), levy a tax to support economic development activities. The City of Farmington has not had an EDA levy. The Farmington EDA is recommending that an EDA levy be established as part of the 2024 budget, in the amount of $150,000. Prior to establishing such levy, the City Council must conduct a public hearing with proper notice. Notice has been published per statutes requirements, and now the City Council is asked to conduct the properly noticed public hearing and take action to authorize the recommended levy. DISCUSSION: The EDA has discussed the importance of having a dedicated funding source to support economic development initiatives. The EDA reviewed the process required to establish an EDA levy, directed Staff to prepare a work plan with an associated budget, and discussed the specific recommended levy request for 2024. The EDA is recommending that the City Council include a levy for $150,000 for the EDA as part of the 2024 budget. Per state statutes, the City can levy no more than 0.01813% of the City's taxable market value. The $150,000 levy request is considerably less than the maximum allowed ($524,687 based on the 2023 taxable market value), but the amount would significantly enhance the economic development efforts and momentum currently underway. There are multiple steps associated with establishing an EDA levy as part of the City's overall levy. The steps include: 1. The EDA passes a resolution recommending that a specific amount be included as part of the 2024 tax levy for EDA purposes. This can be no more than 0.01813% of the City's taxable market value. 2. The City Council is asked to consider a resolution stating the proposed levy and notice for a public hearing. (August 7, 2023) 3. The City Council conducts a public hearing two to four weeks after the public heari ng is first noticed. (September 5, 2023) 4. The City Council decides whether to take no action or adopt a resolution authorizing the proposed levy. (September 5, 2023) 5. If authorized, the City Council adopts and certifies a proposed levy on or before September 30, and adopts and certifies a final levy on or before December 20. Page 40 of 52 Since these actions will be to establish an EDA levy, which doesn't exist today - it is also worth noting that the levy, if approved, can be subject to a reverse referendum. Per legal c ounsel, the levy (if approved by City Council) can be made ineffective if a petition is filed within 30 days of publication of the levy resolution. The petition would require valid signatures by voters equaling five (5) percent of the votes cast in the last municipal General Election. If this were to happen, then an election would occur making the levy a referendum issue. Minnesota Statutes, section 469.107. BUDGET IMPACT: To be included in the 2024 budget if City Council approves. ACTION REQUESTED: Conduct required public hearing and adopt Resolution No. R58 -23 Certifying the 2024 Property Tax Levy Recommendation by the Farmington Economic Development Authority. ATTACHMENTS: R58-23 Certifying 2024 Property Tax Levy Recommended by the EDA Establishing an EDA Levy - Memo Page 41 of 52 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R58-23 A RESOLUTION CERTIFYING THE 2024 PROPERTY TAX LEVY RECOMMENDED BY THE FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY (EDA) WHEREAS, Minnesota Statutes, section 469.107, subdivision 1, provides that a City may, at the request of its Economic Development Authority (“EDA”), levy a tax each year upon all taxable property within the taxing district for the benefit of the EDA; and WHEREAS, Minnesota Statutes, section 469.107, subdivision 1, also limits this levy to no more than 0.01813 percent of the estimated market value of the taxing district; and WHEREAS, on July 17, 2023, the EDA approved and recommended a 2024 tax levy of $150,000.00 in the year 2024 upon all taxable property within the taxing district for the benefit of the EDA through EDA Resolution No. R07-23; and WHEREAS, the City Council held a public hearing to consider the proposed levy as required by Minesota Statutes Section 469.107 on September 5, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington that the 2024 EDA tax levy of $150,000.00 is hereby approved and certified. Adopted by the City Council of the City of Farmington, Minnesota, this 5th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 42 of 52 1 224859v1 M E M O R A N D U M FROM: CITY ATTORNEY TO: FARMINGTON DATE: AUGUST 29, 2023 RE: EDA LEVY PROCESS INTRODUCTION City staff requested additional information about the legal process behind developing an Economic Development Authority levy. Below is a summary overview of the steps required for instituting such a levy. BACKGROUND The EDA Act Minn. Stat. §§469.090 to 469.1082 gives certain powers to economic development authorities within a city. The EDA itself has no power to implement an EDA levy. Such a levy is part of the City’s budgeting process and any levy would count towards the City’s overall levy limits. The EDA, on its own powers, does not have the ability to independently set a levy. However, in some situations, EDAs may concoct a different levy if the EDA also has the powers of a Housing and Redevelopment Authority. To institute an EDA levy without HRA powers, the EDA may ask the City Council to institute a tax for the benefit of the EDA. This is done with an EDA resolution. The City Council then considers this request and determines whether such a levy will have a place in the City’s overall budget and levy limit. Minn. Stat. §469.107. The maximum amount for such a levy is 0.01813% of the City’s taxable market value. If such a levy is authorized by the Council and certified by the county auditor, the EDA then benefits from a tax on all taxable property within the City. The EDA can use funds from this levy to pursue broad goals of economic development in the community within the purposes provided in the EDA Act. An EDA levy does not preclude the city from continuing to fund EDA activity through direct appropriations from the city’s general fund. There is no limit to the amount of funding that can be provided to an EDA through direct appropriation. STEPS TO ENACT EDA LEVY 1 To begin this process, the EDA must first request such a levy from the City Council. 1. EDA passes resolution requesting an EDA levy, levy can be no more than 0.01813% of the City’s taxable market value. 1 Cities should review enabling resolutions and EDA by-laws (if any exist) for special rules regarding EDA operations. Page 43 of 52 2 224859v1 a. Such a resolution can include the EDA’s overall budget as well. 2. Council considers the request as a feature of the City’s budget process. a. The City Council passes a resolution stating the proposed amount of the EDA levy. b. The City publishes the resolution together with a notice of public hearing on the resolution for two successive weeks in its official newspaper or if none exists in a newspaper of general circulation in the City. c. The City holds the meeting two to four weeks after the first publication. d. The City Council decides whether to take no action or adopt a resolution authorizing the proposed levy or a lower levy. e. City includes any EDA levy in all budgeting deadlines and truth in taxation notices, hearings, and processes. 3. City adopts and certifies a proposed levy on or before Sept. 30. 4. City adopts and certifies a final levy on or before five working days after December 20 in each year. 5. County Auditor certifies taxes. 6. City “pays” the EDA the appropriate amount of funds, to be spent by the EDA. RESOURCES MN DEED Economic Development Authority Handbook, October 2011, Pages 13-14. League of Minnesota Cities, Community Development and Redevelopment, Page 10. League of Minnesota Cities, Property Tax Levy, Pages 14-21. Minnesota Statutes Minn. Stat. ch. 469. Page 44 of 52 3 224859v1 FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY DAKOTA COUNTY, MINNESOTA EDA RESOLUTION NO. _______ RESOLUTION REQUESTING 2024 ECONOMIC DEVELOPMENT AUTHORITY LEVY WHEREAS, Minn. Stat. §469.107, Subdivision 1 provides that a City may, at the request of its Economic Development Authority (“EDA”), levy a tax each year upon all taxable property within the taxing district for the benefit of the EDA; and WHEREAS, Minn. Stat. §469.107, subd. 1 also limits this levy to no more than 0.01813 percent of the estimated market value of the taxing district; and WHEREAS, the EDA desires the City to implement a levy in the proposed 2024 Budget. NOW THEREFORE BE IT RESOLVED by the Economic Development Authority of the City of Farmington that it approves and recommends a 2024 tax levy of $__________ for EDA purposes. PASSED AND DULY ADOPTED by the Economic Development Authority of the City of Farmington, Minnesota, this ______ day of ___________________, 2023. FARMINGTON EDA By: ________________________________ Joshua Hoyt, _____________ ATTEST: ________________________________ Deanna Kuennen, Executive Director Page 45 of 52 4 224859v1 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. _______ RESOLUTION CERTIFYING THE 2024 PROPERTY TAX LEVY RECOMMENDED BY THE FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY (EDA) WHEREAS, Minn. Stat. §469.107, Subdivision 1 provides that a City may, at the request of its Economic Development Authority (“EDA”), levy a tax each year upon all taxable property within the taxing district for the benefit of the EDA; and WHEREAS, Minn. Stat. §469.107, subd. 1 also limits this levy to no more than 0.01813 percent of the estimated market value of the taxing district; and WHEREAS, on __________, 2023 the EDA approved and recommend a 2024 tax levy of $________ in EDA Resolution ______ to financially support the EDA’s Budget; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Farmington that it approves and certifies a 2024 EDA special tax levy of $__________. PASSED AND DULY ADOPTED by the City Council of the City of Farmington, Minnesota, this ______ day of ___________________, 2023. CITY OF FARMINGTON By: ________________________________ Joshua Hoyt, Mayor ATTEST: ________________________________ Lynn Gorski, City Administrator Page 46 of 52 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Ordinance Amending Section 10-6-29: Chickens on Urban Residential Lots Meeting: Regular Council - Sep 05 2023 INTRODUCTION: Attached, please find an ordinance amendment to Section 10 -6-29 of the City Code as it relates to chickens on urban residential lots. DISCUSSION: The substantive changes in the ordinance amendment include the following: • Making the initial permit administrative. • Removing the requirement of a public hearing for the initial permit (the proposed code does provide that the adjacent property owners be notified that an application has been received). • Removing the requirement that the property has to be located within the R-1 zoning district. Allows for a permit on any property developed for a single-family dwelling within a residential zoning district. • Identifying the exterior finish materials for the coop and run along with the proposed construction method. • Verbiage added under section (A) of the ordinance adding a #4 under the supporting information/documents required for a permit - verbiage added: "Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code." • Changing the time period for approval of an administrative renewal permit from yearly to every two (2) years from the date of the initial approval. • Addition of verbiage that eggs from chickens are for personal use and consumption by the owners of the chickens and may not be offered for sale or sold. Planning Commission Review The Planning Commission held a public hearing regarding this ordinance amendment at its August 8th regular meeting. The Commission voted 5 -0 to recommend approval of the attached ordinance and summary ordinance. BUDGET IMPACT: Not applicable ACTION REQUESTED: Page 47 of 52 Approve and pass Ordinance No. 023-774, and the summary ordinance thereof, Amending Title 10, Chapter 6, Section 29 of the Farmington City Code as it Relates to Chickens on Residential Lots. ATTACHMENTS: Ord 023-774 Chickens on Residential Lots Ord 023-774 Summary of Ordinance Relating to Chickens on Residential Lots Page 48 of 52 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 023-774 AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, SECTION 29 OF THE FARMINGTON CITY CODE AS IT RELATES TO CHICKENS ON RESIDENTIAL LOTS The City Council of the City of Farmington ordains: SECTION 1. Title 10, Chapter 6, Section 29 of the Farmington City Code is amended as follows (deleted text is struck and added text is underlined): 10-6-29: CHICKENS ON URBAN RESIDENTIAL LOTS: (A) Administrative Permit Required: An administrative urban chicken permit shall be required for the keeping of any hen chickens upon a property less than two and one-half (2 ½) acres in size and developed with a single-family dwelling within a residential zoning districtproperty less than two and one-half (21/2) acres in size., provided said property is zoned R-1 (low density residential). The keeping of chickens on lots two and one-half (21/2) acres and larger are regulated under section 6-4-2 of this code. An administrative permit must be submitted to the Planning Department with urban chicken permit requires a public hearing be held by the board of adjustment after a fee, as established by the city council., is paid and Upon receipt of the administrative permit all adjacent property owners are will be notified of the application. Supporting information/documents to be submitted to the planning division with an administrative urban chicken permit application are: 1. Number of chickens to be kept on the property. 2. Site plan or property survey showing the proposed location of the chicken coop and/or chicken run on the subject property. 3. To scale building plan, including elevations, of the proposed coop and/or run and exterior finish materials and construction methods. 3.4.Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code. (B) Duration Of Permit: The urban chicken permit shall be valid for one year from the date of board of adjustment approval. A renewal permit will be required to be approved every two (2) years after the initial administrative permit is approved board of adjustment approval that chickens are kept on an approved residential lot. An application for a renewal permit shall be filed with the city thirty (30) days prior to the expiration of the current permit. The urban chicken permit may be terminated or not renewed for violations of the ordinance following notice to the permit holder and an opportunity for a hearing at the board of adjustment. Page 49 of 52 Ordinance No. 023-774 Page 2 of 3 The renewal permit will be reviewed and approved administratively. The fee for a renewal permit will be established yearly by the city council. (C) Automatic Termination Of Permit: If the owner of hen chickens, who has an approved permit, moves from the premises approved for said hens, the urban chicken permit shall automatically become null and void. (D) Limitation On The Number Of Chickens: No person shall keep on any single-family residential property more than four (4) three (3) total hen chickens. (E) TwoThree Or More Dwelling Unit Properties: Chickens are not allowed on properties that contain two three (2) (3) or more dwelling units. (F) Eggs from chickens kept upon the property to which the permit is issued are for personal use and consumption by the occupants and shall not be offered for sale or sold. (GF) No Roosters: No person shall keep roosters, or adult male chickens, on any residentially zoned property less than two and one-half (21/2) acres in size. (HG) No Cockfighting: Cockfighting is specifically prohibited within the city. (IH) No Slaughtering: The slaughter of chickens is prohibited on residentially used or zoned properties. (I) (J) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being kept. (KJ) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens are not allowed to be located in any part of the home and/or garage. (LK) Shelter And Enclosure Requirements: Chickens shall be properly protected from the weather and predators and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: 1. Any chicken coop and run fencing must be consistent with building and zoning codes. 2. No chicken coop or run shall be constructed on any urban residential lot prior to the time of construction of the principal structure. 3. One chicken coop and/or chicken run will be allowed per residential lot provided the maximum lot coverage of the underlying zoning district is not exceeded. 4. Chicken coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and utility easements found on residential lots. Page 50 of 52 Ordinance No. 023-774 Page 3 of 3 5. Any chicken coop or run shall be set back at least twenty five feet (25') from any principal structure on adjacent lots and a minimum of ten feet (10') from all property lines. 6. Any chicken coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four feet (4'). All fencing shall be in accordance with section 10- 6-12 of this chapter. 7. All chicken coops must have a maximum size of ten (10) square feet per chicken and must not exceed eight feet (8') in total height. Fenced in chicken runs must not exceed twenty (20) square feet per chicken and fencing must not exceed six feet (6') in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated from other animals. 8. Chicken coops must be elevated a minimum of twelve inches (12") and a maximum of thirty six inches (36") above grade to ensure circulation beneath the coop. 9. Chicken grains and feed must be stored in a rodentproof container. (ML) Conditions/Maintenance And Inspection: No person who owns, controls, keeps, maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Any chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the city. (Ord. 014-668, 6-16-2014) SECTION 2. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 5th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 51 of 52 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 023-774 AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, SECTION 29 OF THE FARMINGTON CITY CODE AS IT RELATES TO CHICKENS ON RESIDENTIAL LOTS NOTICE IS HEREBY GIVEN that, on September 5, 2023, Ordinance No. 023-775 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of this ordinance, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that Ordinance No. 023-775 includes the following changes: • Making the initial permit administrative. • Removing the requirement of a public hearing for the initial permit (the proposed code does provide that the adjacent property owners be notified that an application has been received). • Removing the requirement that the property has to be located within the R-1 zoning district. Allows for a permit on any property developed for a single-family dwelling within a residential zoning district. • Identifying the exterior finish materials for the coop and run along with the proposed construction method. • Verbiage added under section (A) of the ordinance adding a #4 under the supporting information/documents required for a permit - verbiage added: "Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code.” • Changing the time period for approval of an administrative renewal permit from yearly to every two (2) years from the date of the initial approval. • Addition of verbiage that eggs from chickens are for personal use and consumption by the owners of the chickens and may not be offered for sale or sold. A printed copy of the whole ordinance is available for inspection by any person during the city’s regular office hours. Approved for publication by the City Council of the City of Farmington, Minnesota, this 5 th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 52 of 52