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HomeMy WebLinkAbout2013-03-20 MINUTES (SPECIAL MEETING) COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Special Meeting March 20, 2013 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a special meeting on March 20, 2013 at the Cottage Grove City Hall, 12800 Ravine Parkway. Mayor Bailey called the meeting to order at 6:30 p.m. ROLL CALL The following were present: Mayor Pro Tem Jen Peterson, Council Member Derrick Lehrke, Council Member Justin Olsen, and Council Member Dave Thiede. The following were absent: Mayor Myron Bailey. Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Robin Roland, Finance Director; Corrine Heine, City Attorney-Kennedy & Graven; Jennifer Levitt, City Engineer; Craig Woolery, Public Safety Director; John McCool, Senior Planner. Mayor Pro Tem Peterson presided over the meeting and announced that the purpose of the special meeting was to discuss allowing poultry and fowl in urban residential neighborhoods. Senior Planner McCool highlighted a survey staff provided to the City Council of 52 communities in the metropolitan area. 67 percent of the communities did not allow chickens on small urban lots, but did allow them on large rural and agricultural lots. The other 33 percent of the communities surveyed did allow chickens on urban residential lots. Some cities had a minimum lot area requirement larger than a conventional single-family lot. Senior Planner McCool stated that at the February 6 meeting, the City Council asked for a recommendation from the Planning Commission and Public Safety, Health, and Welfare Commission and both recommended that the City ordinance not be amended and the current ordinance continue to require a minimum of five acres of land to keep any farm animal. The City Council placed on file the recommendations and reports made by both Commissions but acknowledged that they were not “formal” recommendations because a public hearing to amend the ordinances was not conducted. The Council also stated that the two families currently with chickens or ducks would be allowed to keep their animals until the Council decides if there should be a policy. Cottage Grove City Council 2 March 20, 2013 Special Meeting Senior Planner McCool informed the Council that based on the Council’s discussion, the owners of the chickens and ducks were given planning applications to file an ordinance amendment to allow chickens or ducks on urban residential lots. The application fee for an ordinance amendment is $600. Senior Planner McCool stated that Rykna Olson stopped by his office and she wanted him to distribute material related to the type and design of a chicken coup. He stated that he also received an email from Autumn Carlson asking that we provide the City Council with a copy of her material from the Chicken Run Rescue organization. To date, no application has been received to amend City ordinance to allow poultry and/or fowl on urban residential lots. The material is attached to the original minutes. Bob Burtman stated that he thought the Council discussed the fact that he would not have to pay the $600 application fee due to process that they have gone through to date. Senior Planner McCool stated that staff is requesting direction from the City Council on how to proceed with this issue. Based on ordinance requirements in other communities, an ordinance amendment was drafted and is included in the agenda packet. The regulatory requirements by other communities were inserted in the draft ordinance amendment. The City’s advisory commissions and staff have not reviewed the draft ordinance. Mayor Pro Tem Peterson opened the meeting for discussion purposes. The City Council then proceeded to discuss the concerns about the request, i.e. the potential noise, bacterial-related health issues, and whether chicks/fowl should be vaccinated or de- wormed. There was interest in receiving a presentation from the organization, Chicken Run Rescue. Other concerns related to smaller lot sizes, home values, and the current ordinance on chickens/fowl. Council Member Lehrke stated that he lives on a 2.5 acre parcel now and he could put in a chicken coup and you would never find it. Council Member Olsen stated that there are major urban centers in St. Paul and Minneapolis who allow chickens/fowl on one acre lots. Minneapolis adopted their ordinance last year and St. Paul a couple of years ago. He questioned what the driving force was behind their decisions. Council Member Thiede asked if there were any regulations about actually having coups in your garage or in the house. Senior Planner McCool responded that it comes back to the fact that they have to be on a five acre parcel. One needs to have five acres to have them anywhere on their property. Senior Planner McCool stated that there was a question asked about how many dogs and cats you can maintain on your property and currently the ordinance would limit that to no more than three licensed animals (dogs/cats). Cottage Grove City Council 3 March 20, 2013 Special Meeting Council Member Thiede stated that conceivably, we could treat these as pets and they could be included in the total number of pets allowed. Council Member Peterson stated that if you have more than three dogs/cats, you need to have permission of the adjoining properties and an inspection completed by the Community Development Department. City Clerk Stransky concurred with Council Member Peterson and stated that in order to maintain four or five dogs and cats, one would have to obtain a multiple animal license. With that license application, the adjoining property owners would have to sign off on the application either in favor of or opposed to the application, as well as have an inspection of the property completed by the Community Development Department. Council Member Lehrke stated that for discussion purposes he would say that there is a happy ground. What would be the problem if all of the adjacent properties all said sure? If a new property owner moved, would we have them sign off on the initial application being either in favor of or opposed to the neighbor having chickens/fowl on their property. Could we realistically do that? Council Member Thiede stated that there would have to be some type of disclosure made to the new owner advising them of the chickens or fowl before they purchase the home. Council Member Olsen stated that as far as the fee for the text amendment, he stated that he doesn’t feel that they should have to pay for the fee. The City Council can always request it and it wouldn’t cost anybody anything. Female in audience stated that the problem here is everybody is looking at the positive side and thinking about how good it would be for the people that own these animals, but they are not thinking about the people that don’t. There are health issues to consider with children, allergies, feces, and the noise and pollution factors. Council Member Olsen stated that he would say the same thing applies for dogs and cats, etc., that is why we have ordinances. Female in the audience stated that we are not talking about a dog or a cat we are talking about ducks that are not domesticated. Council Member Lehrke stated that we are also talking about pot bellied pigs for people that have allergies. We need to look at the science and less at whether you like chickens. If you don’t like dogs, then why is it okay for my neighbor to have a dog or cat? He stated that he does not think that we can make it as strict as, if I hear or smell the chickens they have to go. We have to be realistic that there are a lot of things that we do on our property. There is a fine line between your property line and your neighbor’s property line but you both have property rights. If somebody pays $125,000 for a piece of property, they should be able to do as many things as they want. Cottage Grove City Council 4 March 20, 2013 Special Meeting Female in audience stated that she understands that but on the same token, if she is spending that much or more, then she should have the right to not have to deal with it. The ordinance is what it is now and I am sure there are a lot of people within the City that are not in favor of having them next door. Council Member Lehrke stated that at the same time we are receiving letters and emails from people in favor of it that didn’t know there was an ordinance against it. Female in the audience stated that you need to do your own due diligence and follow the rules. If you are moving into a community, figure that out. That is what people are supposed to do. Rykra Olson stated that she worked in a veterinarian clinic and she has taken care of animals and has grown up on a farm. She stated that she can hear both sides of this issue. If you walk by a farm with a number of animals, you can smell the feces. Female in the audience stated that you are talking about a dedicated farm, not a residential home. If she wanted to live near a farm, she would have purchased a home near a farm. Rykra Olson stated that on the same issue, she walks past her neighbor’s yards and she can smell dog feces. Even though she may not like it, she does not have a choice because they are allowed in the City ordinance. Council Member Olsen reiterated that he would be interested in having someone from the Chicken Run Rescue organization make a presentation to help them understand what some of the ramifications would be if the City moved forward with amending the ordinance. For example, should we require that people have their birds vaccinated against certain diseases to protect the public health? Are there ways in which fecal matter needs to be managed effectively? He stated that he knows that the State has feedlot laws but he does not know if they would necessarily apply to a three or four bird operation. Once we have a little more information, we would be are able to make a decision based on facts and data versus emotion. Council Member Thiede stated that he would like to obtain more information on the multiple animal license regulations. Council Member Lehrke asked if the current ordinance applies to birds in your house as far as the number you can maintain. Can you only have one bird, one dog and one cat? Senior Planner McCool stated that the ordinance does not apply to birds. Council Member Lehrke asked if we have an ordinance that covers the other types of pets, such as rats, gerbils, hamsters, etc. Senior Planner McCool responded no. Council Member Thiede asked if they would be covered under the multiple animal license. Cottage Grove City Council 5 March 20, 2013 Special Meeting Council Member Olsen asked about a snake. Senior Planner McCool responded that a snake would be classified as an exotic animal and depending on the type of snake, they may not be allowed. Council Member Peterson stated that this is a Council workshop so she does not believe that this needs to be handled like a public hearing. Council Member Lehrke stated that everybody should have an opportunity to speak. Council Member Peterson stated that if it does move forward, it would move to the Planning Commission with an actual hearing at which time everyone can voice their concerns. Council Member Lehrke stated that for him, at the risk of beating the drum again, he is looking for statistics, why should we not have chickens, show me how many people got sick in the last five years. Whatever you can come up with obviously we can piece it from there. Then it would be awesome if those same numbers at all correlated to what we currently have as domestic pets. Are more people getting sick from chickens or from dogs? He would be happy to vote no if someone could tell him that it is three times more likely for this versus that. City Engineer Levitt stated that just in the interest of time, she does need one clarification. We have received an application now so we are asking the Council if you would like staff to conduct a public hearing at the Planning Commission. Council Member Olsen responded affirmatively. Council Member Lehrke responded that he thinks so but now may be too early if we don’t even know where we are headed. Senior Planner McCool stated that he should return it to the applicant because by accepting it we would have 60 days to take action. He stated that he would return it because they have not submitted the fee. Council Members Olsen and Council Member Lehrke agreed. Council Member Peterson concurred that in the meantime, the property owners can keep their chickens and ducks. City Engineer Levitt stated that the goal would be to report back to the Council at the second meeting in April 2013. Council Member Olsen stated that you did the survey via the Survey Monkey and how long was that out there for people to access. Cottage Grove City Council 6 March 20, 2013 Special Meeting Senior Planner McCool responded that is was out there for 10 days. He was surprised that we received 271 responses in such a short period of time. Council Member Peterson stated that we are moving to the Council Chamber for the regular meeting. Senior Planner McCool stated that the Council has asked for additional information, we will contact the Chicken Run Rescue organization to see if they would be available to make a presentation at the second meeting in April, or April 17. It would be on the Agenda under Council Responses where there may not be a formal action at that time. Council Member Olsen stated that at that point they would have to decide if they want to just say we are not interested or if we want to continue to move forward. The special meeting convened to the Council Chamber for the regular meeting. Prepared by, Caron M. Stransky City Clerk