City Council

January 17, 2018 Special City Council Meeting MINOT CITY COUNCIL - SPECIAL MEETING – January 17, 2018 at 6:00 PM ROLL CALL: Members Present: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None Mayor Barney presiding and led the Council in the Pledge of Allegiance. CITY HALL EMERGENCY HVAC REPAIR AND SOLE-SOURCE PURCHASE – APPROVED Alderman Olson moved the City Council approve the purchase and installation of a heat exchanger and repair of lines to the cooling tower for City Hall. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5261 – AMEND THE 2018 ANNUAL BUDGET – CITY HALL HVAC MAINTENANCE – FIRST READING – APPROVED Alderman Olson moved the City Council place ordinance no. 5261 on first reading to amend the 2018 annual budget to increase the property Maintenance Building and Grounds Maintenance revenues and expenditures for the City Hall HVAC maintenance. Motion seconded by Alderman Sipma and carried unanimously. Alderman Olson moved the City Council pass ordinance no. 5261 on first reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. ORDINANCE NO. 5262 – AMEND THE CMCO- FEEDING OF WILD ANIMALS PROHIBITED – FIRST READING – APPROVED Alderman Wolsky moved the City Council place ordinance no. 5262 on first reading to amend the City of Minot Code of Ordinances prohibiting the feeding of geese, turkeys, deer, or moose in the City of Minot and undertake a public information campaign informing citizens of the negative effects of feeding wild animals. Motion seconded by Alderman Sipma and carried unanimously. Alderman Wolsky stated, he understands there are citizens who enjoy feeding the animals but it creates a problem for the community and is harmful to the wild animals. At the suggestion of the Assistant City Attorney, Alderman Wolsky expanded on the concept of the public information campaign. He said, the Public Information Officer may have some room in the budget to produce materials but could also use social media like Facebook to spread awareness. Alderman Wolsky clarified, the ordinance does not prohibit birdfeeders or fruit trees and the language is specific to certain wild animals, “No person shall feed or allow feeding of any geese, turkeys, deer, or moose by any means, including hand feeding or the placing or setting out of food to be left attended or unattended.” Liz Hoppman, of 422 3rd Ave NW mentioned that someone dumps corn near the 6th St underpass and wondered if that would be allowed to continue. Alderman Sipma responded by saying that is actually just grain that spills from the train traffic that passes over the area. Page | 1  January 17, 2018 Special City Council Meeting The Finance Director reminded the Council that additional programs require additional funding and in order to implement them may require a budget amendment be approved or limited resources be utilized. Alderman Wolsky moved the City Council pass ordinance no. 5262 on first reading. Motion seconded by Alderman Sipma and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. PERMIT CITY STAFF TO PARTICIPATE IN EGG ADDLING – APPROVED Alderman Wolsky moved the City Council direct City staff to secure a permit from the State and participate in egg addling with the Park District. Motion seconded by Alderman Straight. Alderman Wolsky explained, egg addling is a process the Park District currently uses to control the population of geese within park areas. They remove all but one or two eggs from a nest which decreases the population while preventing additional roosting. The Park District is only permitted to conduct the process in Park areas so the City’s participation will increase their targeted areas. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. EXPLORE PARTNERSHIP WITH RAINBOW GARDENS TO SHARE THE COST OF EXCLUSION FENCING – APPROVED Alderman Wolsky moved the City Council direct staff to explore a partnership with Rainbow Gardens to share the cost of exclusion fencing for the site. Motion seconded by Alderman Jantzer. Upon questioning by Alderman Podrygula, Alderman Wolsky stated, it was mentioned by Mr. Emery of the Park Board that the land is owned by the City. There are 150-200 plots but the lease agreement prevents them from building any permanent structures. It was estimated the cost of installing fencing would be about $30,000 and Rainbow Gardens could potentially share the expense with the City and among the residents of the garden. The Mayor clarified, the motion is to explore options but any requests for money would be brought to the Council at a later time. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Jantzer and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. DIRECT STAFF TO INVESTIGATE A HUNTING/WILDLIFE MANAGEMENT PLAN WITHIN CITY LIMITS – APPROVED Alderman Wolsky stated, the committee developed a list of recommendations to create a wildlife management plan for within the City of Minot. As a result of the Committee’s discussions, it was decided there needs to be a lethal component to control the population of wildlife. They attempted to develop a strategy that is safe while also handling the issues with hunting in town. Alderman Wolsky moved the City Council direct staff to begin the work required to bring a recommendation forward after investigating and fleshing out a framework to allow hunting in city limits. Motion seconded by Alderman Sipma. Minot resident, Melissa Faris, came forward to say that she does not believe hunting within city limits is the safest thing for the citizens of Minot. Nan Jacobson, of 701 10th Ave SE, submitted a letter for the Council’s consideration. She read from it by saying, “I respectfully suggest speed limit and deer crossing signage, no feeding policies, and educating the public on fencing and deer resistant foliage selection be implemented first, and work to determine specific areas designated for hunting, putting the Page | 2  January 17, 2018 Special City Council Meeting proposal to a public vote before making Minot a hunting ground.” She referenced comments provided in the Committee’s report stating, many members of the public are opposed to hunting of any kind within the City of Minot. Many members of the public have concerns about public safety if hunting is allowed to take place within city limit or on City land. Large tracts of City-owned public land are often the location of in-town hunting and wildlife management programs in other cities like Bismarck and Fargo. Similarly suited public lands are not common within the City of Minot. Trent Kinzell, of 1409 Sunset Blvd. said hunting is a viable safe option to control the animal population especially when it pertains to archery. The Mayor stated, he is not a proponent of hunting in city limits but does not want to diminish the thorough work done by the committee. Alderman Jantzer commented that “the devil is in the details.” He said finding an appropriate location and deciding what the requirements will be are a determining factor whether he will support the program moving forward. Alderman Podrygula said their goal is to prevent risk to human life and property. The other methods such as limiting food sources and providing education to the public should help the situation and he sees this program as a last resort. Alderman Sipma said, as an outdoorsman, he supports the motion. The committee included recommendations that bow hunters must prove themselves. Once the details are determined, like the number of permits, he believes it will be an effective and efficient method of control. Alderman Straight stated he is comfortable with the details ultimately resting with Chief Olson. He has the final decision and he is the one the city looks to, to protect public safety. Alderman Wolsky acknowledged the significant burden placed on the Police Department but said the policy needs discretionary control. The Committee decided it was the best path forward. The City Manager said he appreciates the work of the Committee but recognized that staff will be affected. He explained, he wants to do a fiscal and operational analysis prior to implementing and he requested adequate time to do the work. Whereupon a vote was taken on the above motion by Alderman Wolsky, seconded by Alderman Sipma and carried by the following roll call vote: ayes: Jantzer, Podrygula, Sipma, Straight, Wolsky; nays: Barney, Olson. CONSIDER THE REPORT OF THE PROHIBITED ANIMAL AD HOC COMMITTEE Alderman Straight took a survey of the room by a show of hands, which demonstrated that most people in attendance own pets however, only a handful of those pet owners have licenses for their pets. He said he looks to the citizens to help solve many of the issues regarding pet ownership. He said, he found it ironic that so many people don’t want their neighbor to enjoy the right they do when it comes to owning a particular animal. The Committee met several times over a three month period and had thoughtful dialog on many topics. He tried to take emotion out of the equation, dispel fear, and make decisions based on facts. DIRECT STAFF TO DRAFT AN ORDINANCE TO AMEND THE CMCO RELATING TO SNAKES – APPROVED Alderman Straight moved the City Council direct staff to draft an ordinance amending the City of Minot Code of Ordinances to remove “snakes” from the list of prohibited animals and instead prohibit all venomous and non-venomous injurious snakes as defined by U.S. Fish and Wildlife Services, including boa constrictors. Motion seconded by Alderman Wolsky. Alderman Straight stated, he is shocked at the number of citizens who spoke out against allowing their neighbors to have the same rights to own a pet, whether it be a chicken or a snake. He asked pet owners to consider the minority of fellow residents who want less traditional pets. He said he does not like snakes and does not want to own one but it does not seem like a big request and he respects the right of Mr. Platz to have one. Page | 3  January 17, 2018 Special City Council Meeting Alderman Straight then invited Alex Deufel, a biology professor at Minot State University, to share her knowledge on snakes in an effort to dispel any fear from the public. Dr. Deufel responded to questions by saying, if a snake got loose it would seek shelter in a warm environment like a radiator or a wall where it would likely disappear. It cannot survive in the winter and they do not move much. Snakes tend to sit and wait for food and they like to be hidden. She said, the recommendation to prohibit any venomous or non-venomous injurious snakes eliminates any danger. The types of snake that would be allowed are docile. She also said she does not recommend prohibiting boa constrictors as they make great pets, are not dangerous, and have a low level of aggression. Dr. Deufel said, it would be a very unlikely scenario that there be any risk of harm to cats and dogs. Marshal Platz came forward to remind the public there would still be a ban on snakes but only on ones that pose a danger to the public. Kim Albert, a Minot resident, said he can’t tell the difference between a venomous and a non-venomous snake and believes a neighbor with a snake will lower his home value. He asked the Council to consider the majority of residents who do not want a snake. Laura Erikson, a resident who attended all of the Committee meetings said, she understands there is fear but people have the right to own pets as long as they are not a danger to the public. She spoke about the active community of snake owners online who are willing to take on abandoned or unwanted snakes. She mentioned that a snake can be sheltered with minimal care and costs. Alderman Straight clarified, the Souris Valley Animal Shelter is not equipped to shelter snakes but there are members of the community who can. He also said he spoke with Amanda Schooling at the County, about establishing an emergency plan in case snakes need to be relocated in an emergency situation. Alderman Podrygula asked if there are current regulations that would apply to the number of snakes allowed or prohibiting breeding. The Assistant City Attorney said the ordinance allows a resident to have ten pets per household, of which no more than four may be cats or dogs. There is also an ordinance prohibiting breeding. Alderman Olson moved the City Council amend the motion to include a limit of four snakes permitted per household. Motion seconded by Alderman Podrygula. Alderman Olson said, four seems like a reasonable number and it is the same number of hens proposed in the hen ordinance. Whereupon a vote was taken on the amendment by Alderman Olson, seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Wolsky; nays: Sipma Alderman Podrygula asked if the first responders had any safety concerns in allowing snakes. Chief Olson said they would need to educate staff on how to differentiate between types of snakes but if people follow what is being contemplated, there is no danger. Alderman Sipma asked if they are familiar with any health facility that offers anti-venom if there were a situation where it is necessary. Bobby Roberts, an Animal Control Officer, said, there was an instance where venomous snakes were reported in town and they discovered the closest anti-venom was in New Mexico. Mr. Roberts also stated, if snakes were legal, it would be difficult for a resident to tell whether it is allowed or not so they would not know when to report an illegal snake. He said, one of the factors that led to the ban on snakes was that there were no sufficient facilities to house unwanted snakes. Alderman Straight volunteered to schedule educational training for emergency personnel with the help of Dr. Deufel and Marshal Platz. Alderman Podrygula asked if there are State and Federal protections regarding snakes. The Assistant City Attorney stated, there are. Alderman Podrygula continued by saying, he is not a fan of snakes as pets but since Dr. Deufel explained there is Page | 4  January 17, 2018 Special City Council Meeting no danger, they are not a nuisance, and there are already two levels of protection by State and Federal agencies, the public won’t even notice the change. Alderman Sipma said, based on a majority of phone calls from citizens who are not comfortable with allowing snakes, he will not support the motion. He sees it as an added piece to an underfunded branch of the Police Department. Dr. Deufel said, she does not imagine there will be dozens of escaped snakes but the Police Department can contact her to identify or contain any snakes since she has experience with venomous snakes too. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Wolsky, as amended and carried by the following roll call vote: ayes: Olson, Podrygula, Straight, Wolsky; nays: Barney, Jantzer, Sipma. AMEND THE CMCO RELATING TO BACKYARD HENS – FAILED Alderman Straight moved the City Council direct staff to draft an ordinance similar to the Fargo ordinance, allowing up to four hens. Motion seconded by Alderman Olson. Liz Hoppman came forward with a petition signed by 163 residents who are against allowing hens in city limits. She explained several reasons including health risks such as salmonella and breathing issues among the elderly, children and those with a compromised immune system. She said, living next to a chicken coop could decrease home value, cause unwanted smells and attract predators. Ms. Hoppman also commented on the opposing arguments by saying the quality of eggs is actually not as good as store bought because they are not regulated by federal agencies and are more likely to carry disease. She does not believe owning hens is beneficial and said chickens can escape their enclosure and tend to roam. She then discussed sections of the Fargo ordinance that are far too lenient. The required setback is only three feet whereas other cities like Jamestown have a 100’ setback requirement. She listed the unintended consequences of allowing hens and said allowing four could open the request for additional hens later. She was also concerned that if hens are allowed, then other animals would be requested soon after. She described polls she had taken around town where close to 96% of participants are against allowing backyard hens. She encouraged the Council to consider that the good of a few should not outweigh the good of the majority. Margie Zietz, Zoning Code Enforcement Officer for the City of Minot, said, if this passes it will increase her workload tremendously. She personally raises chickens outside city limits and explained what a huge mess they make. She also said they are noisy and bring about safety concerns when in town. She cautioned that people may construct hazardous methods to keep them warm which could cause fires. They also attract predators. She said she loves chickens but they should not be kept in city limits. Sheila Mattson, a Minot resident, said her husband was called to a fire caused by a propane heater in a garage near hay, keeping chickens warm. She also said they are loud, dirty and would be too close to neighbors in Minot. The Mayor stated, he received few emails in favor of allowing hens but was inundated with emails against it. He explained, he shares their concerns and would prefer not to have them in city limits. Aldermen Sipma and Podrygula spoke against the motion, referencing the noise issues, overwhelmed staff, and the fact that farm animals should not be raised in urban environments. Alderman Wolsky said he supports the idea because he doesn’t see a difference between cats and dogs or chickens and says it’s hypocritical to allow one and not the other. Alderman Straight spoke about his experience chairing the Committee and how he wants the body to be mindful and to accept the comments that arose from their meetings. Page | 5  January 17, 2018 Special City Council Meeting The Mayor explained, the Committee was formed in response to public input. It is a good process to follow but does not mean the Council must accept their recommendations. The issue was identified, researched and from that, decisions can be made. Laura Erikson asked if it is possible to hold a vote of the public to which the Mayor responded by saying, citizens can create an initiated measure and submit a petition in order to hold an election. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Olson and failed by the following roll call vote: ayes: Straight, Wolsky; nays: Barney, Jantzer, Olson, Podrygula, Sipma. DIRECT STAFF TO DRAFT AN ORDINANCE RELATING TO POTENTIALLY DANGEROUS AND DANGEROUS DOGS – APPROVED Alderman Straight explained, in an effort to be proactive in addressing all public safety concerns, he’s proposing an ordinance that references all potentially dangerous and dangerous dogs rather than a specific breed. He said he is aware this ordinance would take up staff’s time but it is more proactive to identify dangerous animals. He also mentioned the desire to use Souris Valley Animal Shelter rather than the current pound on which the City spends $40,000 annually. Once their expansion is complete, Souris Valley Animal Shelter will be able to chip and track animals to efficiently monitor data. He proclaimed that animal owners need to be more accountable for themselves by registering their pets. He suggested forming a Mayor’s committee of pet owners to handle complaints and police themselves. Alderman Straight moved the City Council direct staff to draft an ordinance to combine Section 7-27 of the City of Minot Code of Ordinances with Fargo’s ordinance, found in Section 12-0117, relating to potentially dangerous and dangerous dogs. Motion seconded by Alderman Podrygula. Laura Erikson spoke in favor of the proposal by saying, it is good protection for public safety. It addresses behavioral issues in a more comprehensive way. Ashley Fulton, a canine trainer and behavioral specialist said she has worked with aggressive dogs for the past 13 years and her goal is to prevent any bite or attack. Statistically, she should have been bitten by a pit mix but she has not. She has been bitten by many other breeds including, spaniels, mastiffs, labs, and German shepherds. All dogs are capable of causing harm but she does not believe one breed is more aggressive than another. Isolated dogs, like those pit mixes kept hidden due to regulation, are more likely to be involved in an attack because they are not socialized and not stimulated. Chief Olson came forward to say he believes the current ordinance addresses dangerous animals adequately and asked what the Council would like to add. Alderman Straight explained, the ordinance does not address a dog’s behavior until an attack takes place. He sees the Fargo ordinance as being more proactive, requiring training and implementing heavy fines. He would like to work with staff to develop an ordinance. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Podrygula and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Straight, Sipma, Wolsky; nays: none. REMOVE THE BAN ON PIT BULLS IN MINOT CITY LIMITS – FAILED Alderman Straight moved the City Council remove Section 7-34 (Regulation of Pit Bull Dogs) from the City of Minot Code of Ordinances. Motion seconded by Alderman Wolsky. Alderman Straight said the Committee held a public meeting where a number of residents voiced their support to end Breed Specific Legislation (BSL) in Minot. He asked if the ordinance is serving its purpose and if it does not provide protection to the citizens of Minot, he believes it is wrong. Page | 6  January 17, 2018 Special City Council Meeting Kim Albert, a Minot resident, listed statistics on fatalities across the country as a result of pit bulls. He said the breed mix represents 6% of the dog population but accounts for 71% of dog incurred fatalities. Wesley Maldonado asked why the ban was enacted and if national data should be used to make decisions for Minot. The Mayor responded by saying, he was not on the Council at the time but would imagine it was based on national data. Discussions take place on a local level using whatever information is available. Chad Martin, a Minot resident in favor of lifting the BSL, said statistics can be cherry picked to demonstrate a point. A person is more likely to be bitten by other breeds but pit bull attacks are more lethal. He said the ban was put in place in the 1980’s when pit bull breeds were demonized as “drug dealer” dogs but the issue should be taken on a case by case basis. Chief Olson mentioned his concerns with lifting the ban. He said pit bull attacks are fatal and demonstrated how a simple Google search listed multiple news stories, all within the past few weeks. Randy McDonald, of Souris Valley Animal Shelter, said his main concern is identification. The term pit bull is used frequently but includes several mixed breeds. It is difficult to identify and makes the task for Animal Control subjective. He explained how traits tend to breed out after several generations and the animal may no longer carry tendencies associated with pit bulls. Nordell Cockrell, of 20th Ave NW, spoke in opposition to lifting the ban. She said she witnessed a pit bull attack when she lived in Des Moines. She said she has done lots of research on the issue since she chaired a committee for her condo association on permitting pets. Ms. Cockrell said pit bulls can attack owners but you don’t see stories on other breeds. They have a tendency to turn without warning. She also mentioned it could be a liability for the City and for the owner if an attack occurs. Lianne Zeltinger said she appreciates the work done by the Committee and Alderman Straight. She said, in 2016, there were 103 calls for a banned breed siting but the last pit bull bite was in 2014. She wondered, if Fargo, Grand Forks, Dickinson, and Bismarck can live without a ban, what is Minot missing? She asked if Minot can be considered a welcoming community if people are leaving Minot because of the ban. She believes the owner should not be discriminated against because of the breed of dog they own. Miranda Schuler, a former City Council member, said she began researching the issue about three years ago when pit bulls were added to the ordinance as service dogs due to ADA requirements. The term “pit bull” is a slang term that includes several different breeds of dogs. She believes the list of breeds identified as “pit bull” are too muddy keep BSL. She listed organizations that do not support BSL including, Humane Society of the United States, the American Bar Association, American Kennel Club, American Veterinary Medical Association and Centers for Disease Control and Prevention. These organizations urge against using breed as a factor to prevent bites but instead support breed neutral policies. Gina Manley asked the Council to overturn a ban that is 30 years old. She stated, the people who support lifting the BSL are not allowed to live in town and therefore their voices aren’t heard. She requested they allow the animals so they can be properly socialized and vetted. Laura Erikson said public safety is not being addressed with the ban on pit bulls because it is not based on behavior. A dog that bites someone can stay in town but a dog that looks like a pit bull must be removed immediately simply based on appearance. Mayor Barney said he is in favor of keeping the BSL. He referenced what Dr. Deufel stated earlier, just like there are aggressive breeds of snakes, he believes there are aggressive breeds of dogs. He also took the comment from Mr. Martin and stated, they may not bite as often as other dogs but when they do, it is catastrophic. Alderman Sipma agreed and said he had a significant amount of conversations on the issue including residents of the extraterritorial zone. There are strong emotions around the issue but the needs of the many outweigh the needs of the few. Page | 7  January 17, 2018 Special City Council Meeting Alderman Olson said, being a dog owner affects more than just your household. If pit bull type bites can be fatal, it is a risk to the community. Alderman Straight made points regarding the burden to City staff. Ending the BSL means Animal Control does not have to deal with the issue. His intention is to put more emphasis on the pet owner by requiring annual pet licenses. Alderman Wolsky said the dangerous animal ordinance may be a better way to mitigate risk but he is not ready to give up the security that the BSL provides. Once we see if the ordinance works, the issue of breed specific legislation can be addressed. Alderman Jantzer commented that if the ban is lifted, he would like to see additional requirements such as a chip or training, that make it less likely there will be a problem. Alderman Podrygula said he is not willing to lose the security we have now and that certain dogs are more hazardous than others. He added, if law enforcement has concerns, he agrees with them. He said he cannot ignore the risk when there is little benefit and cannot in good conscience remove the ban. Whereupon a vote was taken on the above motion by Alderman Straight, seconded by Alderman Wolsky and failed by the following roll call vote: ayes: Straight; nays: Barney, Jantzer, Olson, Podrygula, Sipma, Wolsky. ADJOURNMENT There being no further business, Alderman Jantzer moved the City Council meeting be adjourned. Motion seconded by Alderman Sipma and carried unanimously. Meeting adjourned at 9:10 pm. ATTEST: ______________________________ APPROVED: _______________________________ Kelly Matalka, City Clerk Chuck Barney, Mayor Page | 8