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HomeMy WebLinkAbout07-12-21-SWS City of Arden Hills ▪1245 West Highway 96 ▪ Arden Hills Minnesota 55112 Phone 651.792.7800 ▪ Fax 651.634.5137 ▪ www.cityofardenhills.org Request for Special City Council Work Session A special meeting may be called by the Mayor or by any two Councilmembers. Reason for meeting: 1A. Sunram Litigation Discussion (Closed per Minn. Stat. 13D.05, Subd. 3(b) Attorney-Client Privilege) 1B. Chicken Ordinance Discussion Requested Date: 07/12/2021 Requested time: 5:15 pm Open meeting X Closed meeting Signature of person(s) making request: ________________________ 07/08/2021 Mayor or Council Member Date / / Council Member Date -This section to be completed by City staff- Date received: 7/08/2021 Date meeting to be held: 07/12/2021 Time of meeting: 5:15 pm Location: City Hall All necessary posting and notices have been completed. 7/08/2021 Signature of City Clerk Date -- DREN_HILLS Approved: August 9, 2021 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION JULY 12, 2021 5:15 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:15 p.m. Present (Closed Item): Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, and Steve Scott via telephone: Councilmember Dave McClung Also present: City Administrator Dave Perrault, Interim Public Works Director David Swearingen, City Attorney Joel Jamnik and Elisa Hatlevig, Jandine, Logan & O'Brien, P.L.P.P. Present (Open Item): Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, and Steve Scott via telephone: Councilmember Dave McClung Also present: City Administrator Dave Perrault, Senior Planner Jessica Jagoe and City Clerk Julie Hanson 1. AGENDA ITEMS A. Sunram Litigation Discussion (Closed per Minn. Stat. 13D.05, Subd. 3(b) Attorney-Client Privilege) The City Council received an update from Elisa Hatlevig regarding the Sunram litigation. B. Chicken Ordinance Discussion Senior Planner Jagoe stated at the January 19, 2021 Work Session, the City Council provided staff with guidance on general parameters for consideration of a proposed chickens ordinance. Staff was directed to prepare language to be presented to the Council. Following previous discussions of the Council on the keeping of chickens, staff has prepared draft ordinance language with new language added in red font for Council review. Staff suggests in order to incorporate language into the City ordinance to allow for the keeping of chickens and address the regulations ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION—JULY 12, 2021 2 discussed by the Council that two Chapters of the city code be amended. Those applicable Chapters and Sections are as follows: • Municipal Code Chapter 4—Animals and Pets o Amend - Section 400.01, Definitions o Add - Section 410.01 Subd. 3, Chickens License • Zoning Code Chapter 1325 —General Regulations o Amend — Section 1325.07 Subd. 7.A., Location for Buildings Housing Farm Animals Senior Planner Jagoe explained regarding coop setbacks, the general agreement of the Council was to include language similar to the City of Lakeville which was "The coop and run shall be located closer to the principal dwelling upon the property to which the administrative permit is issued than any other residential dwelling on an abutting property." The Council should discuss further if there is a preference to add language more specific to require a license holder to maintain a minimum setback. Additionally, there was deliberation at the work session on size of the coop and should this structure count towards the maximum number of accessory structures. There seemed to be general agreement that the coop should count as an accessory structure, but no limitations (i.e. minimum or maximum) were set for size. These are two areas that the Council may want to discuss further in review of draft ordinance language. Senior Planner Jagoe reported otherwise, the draft ordinance language presented includes the consensus of comments from the January work session. This is the first ordinance presented to the Council for review. Staff is seeking direction on draft language and next steps. It should be noted that an ordinance amendment to the Zoning Code does require a public hearing. Councilmember Holden questioned what the difference was between a run and a pen. Senior Planner Jagoe stated a run and a pen were the same term. Further discussion ensured regarding the minimum size for a run/pen and exercise yard. Mayor Grant reported he would like to see the Council be specific as to what the size of the run in order to keep the pen humane. He noted the minimum size at this time was 30 square feet for three birds. Councilmember Holden asked how the City defined an exercise yard. Senior Planner Jagoe reported an exercise yard was a fenced in area for birds to be in when supervised. Councilmember Holden indicated this would allow for fenced in back yards to serve as exercise yards. Mayor Grant recommended the Council define how much space is required within the exercise yard. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION—JULY 12, 2021 3 Councilmember Holden stated she supported the numbers on Page 4 in Attachment B. Councilmember Holmes questioned if the exercise yard should have a maximum and minimum size with setbacks. She indicated this would allow for 10 foot setbacks from chain link fences. Councilmember Scott commented he did not have a problem with chickens walking up to chain link fences. Senior Planner Jagoe discussed the screening language within the Ordinance that addressed fencing that had to be used within a coop. She noted the Council had previously discussed requiring screening around the coop. Councilmember Holmes stated she supported the coop, run and exercise yard all being screened. She noted this would also keep chicks safe. Councilmember Holden commented she thought the screening was for the coop and the run. Councilmember McClung indicated he agreed with Councilmember Holmes that all three areas should be screened. Councilmember Scott reported the city of Minneapolis allows chickens and their lots are smaller than the lots in Arden Hills. Councilmember Holden anticipated the people who would keep chickens would do a good job and she wanted the animals to have enough space to be healthy. Councilmember Holmes supported a six foot privacy fence being in place for the exercise yard as was written in the urban recommendations. Mayor Grant questioned what the minimum and maximum coop size should be. He stated the minimum square footage at this time was four square feet per bird and three birds were allowed. Councilmember Holden suggested coops be no more than 20 to 25 square feet in size. Mayor Grant commented this sounds reasonable. He recommended the coops range from 12 to 25 square feet in size. The Council discussed the setbacks that should be followed for chicken coops, pens and exercise yards. Councilmember Holden expressed concern that coops may be closer to a neighbor's house than the property owner's house and this was a concern for her. City Administrator Perrault suggested the language read: The outer limit of the coop must be closer to the principal dwelling structure than the abutting neighbor. The Council supported this recommendation. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION—JULY 12, 2021 4 Councilmember Holden commented her only other concern was with how the properties in the southwest portion of the City would be able to support chickens if they already have a detached garage, and a shed on their property. She anticipated language could be written to allow residents with a single car detached garage and a shed to also have a chicken coop. Mayor Grant recommended that this language apply to all neighborhoods in the City and not just the southwest portion of Arden Hills. Councilmember Holden e suggested this language apply to properties in Arden Hills that have a single car detached garage and storage shed with the maximum allowed square footage being 720 square feet. Councilmember Holmes recommended a license be required in order to allow the City to have the ability to revoke the chicken keeping license if the property owner was not following all rules and regulations. Councilmember Holden asked if property owners would be given 10 days to bring the property into compliance, like with other code enforcement issues. City Administrator Perrault reported the City would have to give them some amount of time to remedy the situation. Councilmember Holden recommended that coops be removed if the property owner was no longer keeping chickens. She asked if the City was going to require property owners to receive neighbor consent. Councilmember Holmes stated this was a recommendation from the urban recommendations. She suggested the City manage this process so as to not create additional friction between neighbors. Mayor Grant commented there was value in neighbors establishing relationships with their neighbors as well. Councilmember Scott agreed. Councilmember Holmes indicated this was a tough situation. She discussed the issues her neighborhood has had with unruly dogs and how the neighbors have had to work it out noting sometimes things get tense. City Administrator Perrault stated the Council would have to consider how the City defines neighbors and if this includes just the houses on each side and directly behind. Councilmember Holden supported this definition. Councilmember Holmes agreed, especially if the property owner was required to have 100% consent. She commented the Council may want to see what other cities require for consent. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION—JULY 12, 2021 5 Councilmember Holden reported if the City is required to gain consent from the adjacent neighbors the fee for the license will have to be set accordingly because this would require staff time and resources. Mayor Grant recommended staff speak with the city of New Brighton regarding their chicken ordinance. He explained the Council should consider how to manage chicken coops that back up to a City park. Councilmember Holden questioned how much people are charged when their animals are picked up and brought to animal control. City Administrator Perrault stated the fee that is charged is given to the shelter that houses the dogs. Councilmember Holmes asked if animal control would pick up stray chickens. City Administrator Perrault reported this would be managed by animal control. The Council directed staff to make the necessary changes and to speak with adjacent cities regarding their ordinance in order to respond to the concerns raised by the Council at a future worksession meeting. 2. COUNCIL/STAFF COMMENTS Councilmember Holden asked if a letter had been sent to the Round Lake residents. Mayor Grant explained he had the understanding that not everyone was informed. He recommended a mailing be sent from the City to everyone adjacent to Round Lake, both residents and businesses. Councilmember Holden recommended information also be posted on the City's website. City Administrator Perrault requested the Council think about when to hold the Commission/ Committee picnic. Councilmember Holden suggested a date also be picked for the Public Works staff appreciation day. Mayor Grant reported special accommodations are being made for Councilmember McClung's attendance via telephone and he noted he would state this at the upcoming regular Council meeting. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION—JULY 12, 2021 6 ADJOURN Mayor Grant adjourned the City Council Work Session at 6:55 p.m. J ie Hanson David Grant Oiky Clerk Mayor