7.2.
| CC Regular Session |
| Meeting Date: | 11/28/2023 |
| Primary Strategic Plan Initiative: | {ud_pd4} |
Information
Title:
Settlement Hearing: Animal violation of Chapter 10 for the keeping of a rooster on property less than 2.5 acres in size, located at 6025 177th Ln NW, Ramsey, MN.
Purpose/Background:
On August 21, 2023, Mr. Trout was notified of various violations, including the keeping of a rooster on a property less than 2.5 acres in size. Ramsey City Code Chapter 10, Animals, Article I. In General, Section 10-1 regulates the keeping of roosters. The City Code reads "Roosters may be kept and maintained only on parcels of at least two and one-half acres in size. Said properties are allowed a total of two roosters." There are also regulations for enclosure setbacks on property lines.
On September 20, 2023, a letter from Ellie Mental Health was submitted to staff indicating the rooster is an emotional support animal for Mrs. Trout.
On October 9, 2023, Mr Trout provided a written request for a Settlement Conference. City staff followed the appeal process identified in city code Chapter 2, Article 7, Section 2-332. The process is attached as part of the Settlement Conference Letter sent to Mr. Trout. On October 17, 2023, a Settlement Conference was completed. Mr. Hagen, City Administrator, compiled the details of the meeting and sent a letter of determination to Mr. Trout; summarizing the meeting details and staff's decision to uphold the requirements of the City Code related to the keeping of certain animals, livestock and poultry. The letter with the proposed findings of fact is attached for City Council's review.
City Code states that if a final resolution is not agreed upon by the property owner and city, then a settlement hearing will be conducted during a City Council meeting; at which time, a decision by the City Council shall be made to affirm, repeal or modify the order of the city at the conclusion of the conference. Within 14 days after the hearing, the findings of fact and final decision shall be provided to the property owner. This evening, City Council should determine if the city code regulating the keeping of roosters will be up-held.
On September 20, 2023, a letter from Ellie Mental Health was submitted to staff indicating the rooster is an emotional support animal for Mrs. Trout.
On October 9, 2023, Mr Trout provided a written request for a Settlement Conference. City staff followed the appeal process identified in city code Chapter 2, Article 7, Section 2-332. The process is attached as part of the Settlement Conference Letter sent to Mr. Trout. On October 17, 2023, a Settlement Conference was completed. Mr. Hagen, City Administrator, compiled the details of the meeting and sent a letter of determination to Mr. Trout; summarizing the meeting details and staff's decision to uphold the requirements of the City Code related to the keeping of certain animals, livestock and poultry. The letter with the proposed findings of fact is attached for City Council's review.
City Code states that if a final resolution is not agreed upon by the property owner and city, then a settlement hearing will be conducted during a City Council meeting; at which time, a decision by the City Council shall be made to affirm, repeal or modify the order of the city at the conclusion of the conference. Within 14 days after the hearing, the findings of fact and final decision shall be provided to the property owner. This evening, City Council should determine if the city code regulating the keeping of roosters will be up-held.
Notification:
No public hearing notice required; however, the City Council agenda is published, giving the public notice of the agenda item.
Time Frame/Observations/Alternatives:
The City Code states a Settlement Hearing shall be conducted during the City Council meeting and within 14 days after such hearing, the findings of fact and final decision shall be provided to the property owner. Therefore, findings of fact and final decision shall be provided to the property owner no later than December 12, 2023.
The City Council may consider the following alternatives:
1. Approve Res #23-300, adopting findings of fact upholding the requirements of the city code pertaining to the required acreage needed for the keeping of roosters.
2. Adopt Res #23-300, with modifications.
3. Deny Res #23-300 with Findings of Fact.
4. Direct staff to prepare a different resolution with Findings of Fact that will be brought to City Council on December 12, 2023 for final approval.
The City Council may consider the following alternatives:
1. Approve Res #23-300, adopting findings of fact upholding the requirements of the city code pertaining to the required acreage needed for the keeping of roosters.
2. Adopt Res #23-300, with modifications.
3. Deny Res #23-300 with Findings of Fact.
4. Direct staff to prepare a different resolution with Findings of Fact that will be brought to City Council on December 12, 2023 for final approval.
Funding Source:
Not applicable.
Recommendation:
City staff recommends the adoption of Resolution #23-300 with the proposed Findings of Fact, as presented.
Outcome/Action:
Motion to approve Resolution #23-300, A Resolution Determining That a Violation of the Ramsey City Code Relating to Keeping a Rooster on a Parcel of Less Than 2.5 Acres Has Occurred at 6025 177th Lane NE and Directing City Staff and Law Enforcement Authorities Take Such Measure as May be Neccessary to Remove the Animal Therein.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Brian Hagen | Brian Hagen | 11/22/2023 09:26 AM |
- Form Started By:
- Stephanie Hanson
- Started On:
- 11/17/2023 10:14 AM
- Final Approval Date:
- 11/22/2023