2013.05.07 Work Session Packet (1st)CRYSTAL CITY COUNCIL
FIRST WORK SESSION AGENDA
Tuesday, May 7, 2013
6:00 - 6:30 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the
City Charter, the first work session of the Crystal City Council was held at p.m.
on Tuesday, May 7, 2013 in Conference Room A located at 4141 Douglas Drive,
Crystal, Minnesota.
I. Attendance
Council members
Budziszewski
Deshler
Hoffmann
Libby
Peak
Selton
Adams
Staff
Norris
Therres
Norton
Revering
Mathisen
Mahan
Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
❖ 6:00 p.m. — Phase 13 assessment appeals update
❖ 6:15 p.m. — Update on possible code changes to allow chickens
III. Adjournment
The work session adjourned at p.m.
COUNCIL STAFF REPORT
C Phase 13 Becker Park Continued Assessment
i�RYSTAL
Hearin
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for April 16 City Council Meeting)
DATE: May 2, 2013
RE: Continue the Public Hearing, Consider Resolution Adopting
Assessment Roll — Becker Park Street Reconstruction
Project # 2012-13
On April 16, the City Council conducted the special assessment hearing for the
Phase 13 project. At that hearing the owners of 14 parcels gave written notice
that they were appealing their special assessment. The owners of one parcel,
5260 Idaho, have subsequently withdrawn their appeal.
The attached spreadsheet shows all the parcels for which appeals were filed plus
the 6910 54th parcel that had to be re -notified due to an error in calculation of their
assessment. Upon further review, the Engineering Department has found no
errors in the calculation of the assessments for these properties for which
appeals were submitted, and recommends the adoption of the attached resolution
to levy the proposed assessments.
At this point, none of these parcels can "re -appeal" their assessment, and the 30 -
day clock begins during which they must file against the City in district court in
order to preserve their legal appeal rights moving forward.
The only exception is the 6910 54th Avenue parcel which could appeal since this
is the first hearing for that parcel. But even in that event, it is still recommended
that this assessment also be levied since the calculation of this assessment has
been reviewed and verified.
,je ectfully su i ed,
1,
Thomas A. Mathisen
City Engineer
tpubworks/projects/phase 13/asmntappealadptmem
RESOLUTION NO. 2013 -
CONTINUED ASSESSMENT HEARING — ADOPT ASSESSMENT ROLL
PROJECT #2012-13 PHASE 13 BECKER PARK AND
COUNTY ROAD 81 LOCAL STREETS RECONSTRUCTION
WHEREAS, no errors were found by the Engineering Department in the
calculation of the proposed assessment amount for those parcels that appealed their
assessment at the April 16 public hearing, and therefore the Engineering Department
recommends no changes to the proposed special assessments for those parcels; and
WHEREAS, pursuant to re -notification of those properties that appealed at the
April 16 public hearing, the Council has met on this the first Tuesday, May 7, 2013, and
heard and passed upon all appeals to the proposed assessment for the Phase 13 Becker
Park and County Road 81 Local Streets Reconstruction Project #2012-13.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Crystal, Minnesota, as follows:
1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it. The total
amount to be assessed is $412,035.05.
2. Such assessment shall be payable in equal principal installments extending over a
period of 15 years, the first of the installments to be payable on or before the first
Monday in January 2014, and shall bear interest at the rate of 5.0 percent per annum
from the date of adoption of this assessment resolution until December 31, 2014. To
each subsequent installment when due shall be added interest for one year on all
unpaid installments.
The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property,
or make partial payment as provided by City Ordinance, with no interest accrued if
the entire assessment is paid or on that principal portion paid within 30 days from the
adoption of this resolution (end of business on June 6, 2013); and the owners may, at
any time thereafter, pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made prior to November 15 or interest will
be charged through December 31 of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the County. Such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted by the Council this 7th day of May, 2013.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
Opubworks/projects/phasel3/asmntadptappealedres
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Memorandum
CITY of
CRYSTAL
DATE: April 30, 2013
TO: Mayor and City Council
FROM: Anne Norris, City Manager'1
SUBJECT: Proposed Changes to Section 910 of City Code Permitting Chickens
At its March 25 work session, the Council discussed amending the City Code to allow
chickens. Based on the discussion, staff has drafted an amendment to Section 910 of
the City Code that would permit the keeping of chickens as follows:
- A maximum of 3 chickens, with a permit;
- Permit process similar to the kennel license process (one-time initial
inspection, notification of adjacent neighbors, initial hearing before the
Council, annual permit renewal);
- Location of coops;
- No roosters; and
- No butchering.
Attached is preliminary language making these changes. Staff is working on additional
changes to this section as well. Animal Control Officer Tom Mahan reports there is
sufficient language in the code and State law regarding care of the chickens to address
concerns about cruelty and maintenance standards.
After the March 25 meeting, there was an editorial in the SunPost inviting comments on
the proposed consideration of permitting chickens. Attached is a log of the phone calls
and emails I received. A frequent question was what would the public input process be
for changing the code.
The Council should discuss whether the draft amendment is consistent with the
Council's discussion and what sort of, if any, public input process is appropriate if the
Council proceeds with amending the City Code.
Animal Control Officer Tom Mahan will be at the May 7 work session to answer
questions.
Attach:
CITY OF CRYSTAL
ORDINANCE #
CHAPTER IX PUBLIC SAFETY:
REVISING SPECIAL RULES TO ALLOW CHICKENS
Chapter 910 of the Crystal City Code is amended by revising section 910.05 to read as follows:
910.05. Special rules.
Subd. 3. Limitations on keeping of animals. It is hereby declared to be a public nuisance and
unlawful to slaughter, ride, herd or drive any animals within the city. It shall also be a public
nuisance and unlawful to allow, permit, keep, maintain, sell or harbor animals within the city, in
violation of the following regulations or without a city permit as provided for in subsection 3.
1. Fowl. Fowl is only chickens and does not mean roosters. No roosters of any kind are permitted
within the city by this section.
2. Any combination of animals and/or fowl of any age kept in such numbers or under conditions
which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of
the public or of said animals or fowl.
3. Special Exception Permit for up to three chickens. Any person desiring to keep up to 3 chickens may
do so only by permit granted by the city council after submitting an appropriate application for a public
hearing on the permit as provided in this section. Such permit shall only be available for properties having
a single family or two family residential dwelling thereon. In the event that such property is not owner -
occupied, the property owner must be a co -applicant for the application to be considered.
a) Application. Application for a chicken permit must be made upon forms provided by the
city and be submitted together with the payment of the appropriate fees required by
Appendix IV of this code. The council may also require submission of such additional
information or material as it deems necessary or convenient to consider the permit
application. The applicant must pay to the city clerk such initial permit fee and renewal
permit fee as established by Appendix IV of this code. Upon submission of the initial
application, the city clerk must set a date for a hearing on the application before the city
council and must notify the owners of all properties located no less than 150 feet of the
subject premises of the date and time of the hearing.
b) Hearin At the hearing the city council may take such testimony or receive such
documents or information as it deems appropriate. At minimum, for a permit to be issued
the Council must find that the request is in compliance with d) Standards below. A permit
will not be issued if the city council finds that such chickens are likely to become either a
nuisance or a hazard to the public health or safety.
c) Term. Permits will expire on April 30 of each year may be renewed annually by the council.
The council may revoke a permit prior to its expiration if the council finds that the terms or
conditions of the permit have been violated or if the chickens have become either a public
nuisance or a hazard to the public health or safety. Nothing herein in this subsection is to be
construed to prohibit or constrain any action allowed by law designated to prevent the
spread of disease or the imminent damage to persons or property caused by such animal or
animals.
d) Standards.
1) Structures housing chickens shall be considered accessory buildings and must comply
with the same zoning and setback requirements as other accessory buildings.
2) No structure housing chickens shall exceed 120 square feet of floor area, and therefore no
building permit is required.
3) No structure housing chickens shall be closer to an adjacent residential building than it is
to the residential building on the applicant's property.
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Anne Norris
From:
Paula Payne _. _
Sent:
Thursday, April 11, 2013 11:31 AM
To:
Anne Norris
Subject:
Chickens
I have never lived around chickens so as far as I know it is fine for people to raise a few in their yards. What I
don't want is them killing chickens anywhere that I have to see or hear it. I've heard chickens scream as they
are being killed and I never want to hear it again.
Anne Norris
From:
Jan Scofield
Sent:
Thursday, April 11, 2013 2:21 PM
To:
Anne Norris
Subject:
Chickens in Crystal
I would not like the noise of roosters, and how many chickens would each
resident be allowed to have?
Jan
1
Anne Norris
From: Troy Fiedler
Sent: Thursday, April 11, 2013 9:43 AM
To: uuijad@aol.com; Anne Norris; Jodi Fiedler
Subject: Chickens
Hi Julie & Anne,
I read that the city of Crystal is deciding whether or not to allow chickens to be allowed on an individuals
property.
I find this a discussion without merit. The city is a nice residential suburb that doesn't need to have chicken
coops and their waste in a backyard. If someone has the desire to raise farm animals, then they should consider
country living and get a farm. Furthermore, eggs are one of the cheapest food staples available everywhere. If
someones financial situation is so dire as to need to produce eggs for survival, then how could they afford to
pay the taxes on said property?
Please vote no for any proposal to allow chickens in the city of Crystal.
Sincerely,
Troy & Jodi Fiedler
April 11, 2013
To: Council members and Mayor
Anne Norris please see that this is presented to the above people.
Re: Chickens in Crystal?
Thanks to Mr. Crawford for making us aware of "Urban Chickens".
Surely the council and mayor have considered the repercussions of urban chickens.
Raising chickens could provide a valuable learning experience for young
people. They would learn that food originates from some other place than a
grocery store.
One of the crucial factors would be the need for a DAILY clean up of their
droppings. Without timely cleanup flies and possible disease could be spread.
If the council would allow residents to have chickens, I strongly urge these
protections.
Restrict the number of birds.
Require daily removal of fecal matter.
Confine the birds to a specific area with adequate housing and nests.
Frequent and random inspections by THE CITY.
Assess a LICENSE FEE for inspections and to handle complaints.
Determine how many violations before the license is revoked.
Considering the non compliance of many dog owners pertaining to droppings in
their own yards, these necessary requirements may not allow the raising of
chickens in our neighborhoods.
Thank You
Peter E. Meintsma
Resident
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Anne Norris
From: Tess Moleski
Sent: Saturday, April 13, 2013 5:50 PM
To: Jim Adams; Laura Libby; MrkHoffmann@aol.com; Joe Selton;
john.m.budziszewski@gmail.com; Casey Peak; uuijad@aol.com; Anne Norris
Subject: chickens
Dear Crystal Government:
Please carefully review any consideration to allow chickens back into the city. I am opposed to the idea myself
and I think if chickens are allowed at all it will have to be with lots of rules, regulations, neighborhood
meetings, etc.
Is that the way you really want to spend your time?
Anne Norris will remember when I asked about keeping a llama and was told "no". I think a llama would
stand a better chance of surviving in Crystal than a couple of chickens. Between the neighbors, the foxes, the
racoons, the coyotes and hawks and other wild life I would think a chicken would opt out of taking up
residence in our fair city.
I am not a big fan of chickens in Crystal unless they are in the local markets or in refrigerators or freezers or
cooking in the homes of residents.
Thank you for considering my opinion.
Tess Moleski
4076 Hampshire Av N.
Crystal 55427
Anne Norris
From: doncr1
Sent: Monday, April 15, 2013 12:50 PM
To: Jim Adams; Joe Selton; Laura Libby; Julie, Deshler; Mark Hoffmann; John, Budziszewski;
Casey Peak; Anne Norris
Cc: Chrissy Serres
Subject: Chickens in Crystal
April 15, 2013
Mayor Adams, Council Members and City Manager Norris:
Linda and I would like to inform you that we are NOT in favor of allowing chickens to be
raised or kept within the city limits of Crystal.
Without going into a lot of detail we believe allowing chickens in Crystal could easily
create or become an eyesore for neighbors and turn away potential home buyers, lower
property values, cause environmental issues, bring about an increase in natural predators,
cause problems between neighbors, result in adverse conditions or less than humane
living conditions for the birds themselves and add another burden to taxpayers to
implement and police.
In addition, to put a policy or ordinance in place without stringent guidelines as to
setbacks from property lines, agreement from adjacent neighbors, specified building
materials and dimensions for coops, number of animals allowed etc. would multiply the
potential problems exponentially and also cause problems and increase the cost of
policing such an endeavor.
We don't want to see chickens in Crystal and we don't want our tax dollars spent on this
issue.
Sincerely,
Don and Linda Crawford
3833 Hampshire Ave N
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Anne Norris
From: Grace Lawson I
Sent: Tuesday, April 16, 2013 11:10 AM
To: Jim Adams; Joe Selton; Laura Libby; Anne Norris
Subject: Chickens in the city of Crystal
Please .... No chickens in the CITY of Crystal. Why would you want city employees to add more
responsibility to enforce laws? Let's keep our fine city for families and children, not chickens.
May the council consider the common sense of the residents, instead of your own personal desires.
Grace Lawson
Anne Norris
From: Dick & Sue
Sent: Wednesday, April 17, 2013 9:39 PM
To: Jim Adams; Laura Libby; MrkHoffmann@aol.com; iamjcsjr@aol.com;
john.m.budziszewski@gmail.com; Casey Peak; uuijad@aol.com; Anne Norris
Subject: Chickens in Crystal
I understand there is some action being considered to change Crystal's ordinances to allow residents to raise chickens.
This communication is to inform you that I, as a 45 year resident of Crystal, oppose allowing chickens to be raised in my
community. Anyone that has been around chickens knows how offensive they can be. The odor from chickens is not
acceptable in a populated community. If Crystal's ordinances were to be changed to allow chickens in our community
there would be additional costs to the community to strictly enforce the ordinance. The residents of Crystal do not need
unnecessary costs added to their current tax burden. Residents can purchase locally grown fresh eggs and chickens from
local farmers markets and CSA's (Community Supported Agriculture) at a reasonable cost. I suspect the cost would
actually be less than the cost of raising your own chickens. We are fortunate to have 3 farmers markets in communities
adjacent to Crystal. Let's support these markets.
Richard Snell
4036 Hampshire Ave N
Crystal, MN 55427
Anne Norris
From:
Jan Scofield
Sent:
Friday, April 19, 2013 2:55 PM
To:
Anne Norris
Subject:
Re: Chickens in Crystal
I talked to a friend today who had grown up on a farm, and she
said one chicken is one too many in a city. She wondered who
would pay for the chicken "droppings" to be hauled away.
Chickens need a coop for them to be in at night. Want
chickens? Move to the country. I vote, "No to chickens in
Crystal!"
Jan
From: Anne Norris <Anne.Norris(D-crystalmn.gov>
To: 'Jan Scofield'
Sent: Thursday, April 11, 2013 3:24 PM
Subject: RE: Chickens in Crystal
Jan --- Thanks for your comments. The Council has not determined a maximum number but most of them want a
maximum number, if they approve chickens. If I had to guess, it would be in the 4- 5 range (maybe). Thanks again — I'll
share your email with the Council. Anne
From: Jan Scofield
Sent: Thursday, April 11, 2013 2:21 PM
To: Anne Norris
Subject: Chickens in Crystal
I would not like the noise of roosters, and how many chickens would each resident be allowed to have?
Jan
I
Anne Norris
From: Dick & Sue
Sent: Friday, April 19, 2013 1:12 PM
To: Jim Adams; Laura Libby; MrkHoffmann@aol.com; iamjcsjr@aol.com;
john.m.budziszewski@gmail.com; Casey Peak; uuijad@aol.com; Anne Norris
Subject: PLEASE, NO CHICKENS IN CRYSTAL; NO CRYSTAL FARMERS MARKET
Dear Crystal Officials,
I am a longtime resident of Crystal. I oppose raising chickens in our suburb and would be living in the country
if I desired to do so! My husband and relatives were raised in the country and tell me of the stenching odor from
chicken manure! Illness and disease is also an issue; ie, bird flu. I am a strong supporter of our local grocery
stores, food markets and farmer's markets for eggs.
Please consider how yard chickens will attract village wildlife. My yard borders Hagemeister Pond Preserve.
All the neighbors love seeing the wild fox raise their pups in the yards and wooded areas. Fox do keep the
squirrel and rabbit populations in -check. Can you imagine how the local chicken/egg farmers will be finding
issue to complain/kill the fox, pet dogs, etc.that are attracted to their chickens?
This would be an added expense to the already strained Crystal budget issues with phone calls, complaints,
police calls, etc. I URGE YOU TO VOTE NO ON THIS ISSUE!
I am also opposed to a Crystal Farmers Market. I have always supported our neighboring Farmers Markets in
New Hope, Golden Valley, and will continue to do so. If a Crystal resident has home grown food to market,
they can request a booth with one of the existing Farmers Markets in the area. Let's all continue to support our
neighboring community Farmers Markets! I URGE YOU TO VOTE NO ON THIS ISSUE!
Thank you very much for listening to your constituents.
Sue Snell
4036 Hampshire Avenue N.
Crystal, MN. 55427
Anne Norris
From: Rance and Kris Ragan
Sent: Sunday, April 28, 2013 4:20 PM
To: Anne Norris; Jim Adams; john.m.budziszewski@gmail.com
Subject: NO chickens in Crystal
Dear Ms. Norris, Mayor Adams and Mr. Budziszewski,
After reading the letter to the editor in The SunPost on 4/11, we would like to share our views on the discussion of
allowing Chickens in Crystal. We are NOT in favor of it all. Why would you want to open this can of worms? With the
size of lots in Crystal, your neighbors having chickens in their yard would be like you having them in your own yard. The
lots are too small. The noise and smell is something that neighbors shouldn't have to deal with in the city. Let them
move to where there are bigger lots so as not to infringe on the rights of others.
We visited this weekend with friends in Taylors Falls, a beautiful small community north of Stillwater. While we would
call this out in the country compared to where we live, the City of Taylors Falls does not allow chickens within the city
limits. Our friends laughed at this idea. They live in town and their lot is about 2 %2 times the size of most found in
Crystal but it is not allowed there. So we wonder why the City of Crystal, a first ring suburb of Minneapolis would
even consider this as something we need here.
Who would patrol this when it becomes a problem? We can even control the problem with people following the rules
for recreational fires.
For several years we had a neighbor who would burn anything that wasn't nailed down. Pallets from his work were a
favorite. Yard waste was another popular item. Trim your trees, have afire. The smell created by this was horrible.
We called several times and all he was told was to move your fire pit away from the garage. We had no choice but to
close all the doors and windows for several years until he moved. Go out in the city on a nice fall day and just smell the
leaves being burned because people are too lazy to dispose of them properly. People also don't believe in putting out
their fires either. They like to let them smolder all night so when you wake up in the morning there is ash all over
everything and a horrible stench in the air. This is not coming from my immediate neighbors either. This is coming from
down the block or even blocks away and you can't call because you don't know where its coming from. So the point of
letting you know about the "recreational" fires is this - If the citizens of Crystal cannot follow the clearly laid out rules of
a recreational fire policy and not much is done about enforcing it - what makes you think that the rules you set down for
raising chickens in Crystal will work?
Please think very long and hard about what you are talking about doing. As much as a citizen would like to we are not
able to be at every meeting that you hold and if it weren't for the letter to the editor we would have not even known
that the City of Crystal was even talking about this issue in a work meeting. That is a problem in itself. I asked eight of
my neighbors if they had heard that the city is thinking about letting people in Crystal raise chickens — They all replied
WHATM? And most important - WHY?
These things should be out there for the citizens of your community to be aware of - so you get the true representation
of what the community wants. If you can't attend meetings and don't own cable to watch it, you have no idea what is
being discussed. Maybe there should be a spot(a tab or drop down) on the website for residents to click to access the
minutes of what is being discussed, this would allow residents to easily find out about what is being talked about in
their city. The search engine is not very helpful on the city website. These issues should be brought to the public's
attention before you make the decisions, so your citizens can let you know what their opinions are and an educated
decision came be made by those of you representing the people of the community.
Ms. Norris, if you would share our views with the other council members it would be greatly appreciated. Thank you all
for your time.
1
Sincerely,
Rance & Kris Ragan
25 Year residents of Crystal