The City Council has decided: Randy and Margaret Miller’s cows can stay on their Bridle Path property.

And yet the debate over the family’s bovines— waged for more than a year before the neighborhood council, planning commission and City Council, as well as in Bridle Path—isn’t completely put to rest.

The Bridle Path Homeowners Association could still decide to amend its covenants, codes and restrictions (CC&Rs) to strictly prohibit the keeping of cows, a move that would essentially cancel out the council’s decision.

Horses are the primary livestock kept in the 630home equestrian community, but homeowners can petition the council for special animal requests not specifically permitted in the CC&Rs.

However, the HOA could change its CC&Rs to be more restrictive than city codes or approvals.

“The CC&Rs can’t allow something that the city will not allow, but they can disallow something the city would allow,” City Manager Mike Sedell said. “Now it’s up to the local homeowners association and residents as to what they do, it’s not up to the city.”

If the HOA does decide to disallow the keeping of cows, the Millers’ permit from the city would still be valid but they would be unable to use it because they signed a contract to abide by the CC&Rs when they moved into the community.

With two council members abstaining, the fate of the family’s cows came down to a 2-1 vote.

Council members Michelle Foster and Steve Sojka approved granting the Millers a conditional use permit to keep eight cows on their 8.5-acre Meander Drive flag lot, saying the size and location of the property make it appropriate for such a use.

Mayor Pro Tem Glen Becerra cast the dissenting vote, saying that the residents should be the ones to decide if they want to change the character of their neighborhood.

“Bridle Path was designed very distinctly as an equestrian community. It was an area of town that was designed as upscale but not farm,” Becerra said. “For the folks like yourself who all bought into that equestrian community, I have concerns about the dismantling of that community.”

Margaret Miller said after the meeting that she was “ecstatic.”

“I’m very happy for the kids; we worked really, really hard. It’s been a really long journey,” she said. “I’m happy to see that the City Council approved what the planning commission and the neighborhood council had recommended, and this is a win, not just for the Millers, but for the kids of Bridle Path, for our community.”

Leslie Bergquist, a Bridle Path resident for 11 years, was disappointed with the council’s decision, saying it was not reflective of what most residents in the Bridle Path want. She added that the HOA’s legal recourse would be limited given that both the council and sitting board president gave their permission.

“CC&Rs sound great, but, truly, I think the city has tied our hands and we are going to have to live with it,” she said.

The night’s outcome could have been different if Mayor Paul Miller and Councilmember Barbra Williamson had not excluded themselves from the discussion.

The mayor recused himself because he’s a member of the Bridle Path HOA.

Williamson, on the other hand, recused herself because, prior to Monday’s public hearing, she’d met with some of the Bridle Path residents who are against the keeping of cows.

She said she wanted to “ensure fairness across the board” by not taking part in the hearing—despite the fact that the voting council members had also met with or spoken to some of the homeowners.

Williamson said she felt her situation was different because she didn’t meet with both sides—noting that the pro-cow residents didn’t ask to meet—and some residents had questioned her motives.

The council member said that she would have voted against the cows, for the same reasons Becerra mentioned. This would have resulted in a tie and the planning commission’s previous approval of the cows would have stood.

Though the council has come to a resolution, unrest remains in Bridle Path, and residents aren’t sure how long it will take to repair broken relationships.

While most of the residents who filled the council chamber Monday night were respectful to each other, the tension in the room was palpable.

Of the 32 people who spoke at the meeting, 17 were in favor of keeping the cows and 15 were against. Of those who didn’t speak but submitted cards to the council, the numbers were evenly split, with 28 on each side.

Although she hopes the controversy is over, Margaret Miller said she’s not sure what the HOA membership will decide to do. She believes only a small percentage of Bridle Path homeowners are against her cows and says the outcry of opposition expressed at the meeting isn’t felt when she goes home at night.

“We believe the community is ready to put this behind them and move on,” she told the council.

Sojka acknowledged in his approval that the issue won’t end with the council but would likely go back to the HOA. He encouraged residents not to “jump the gun” and instead give the permit and the Millers a chance before taking the matter back to their board.

“Let this take its course; let’s see if the CUP works,” he said. “Give them a chance. Maybe the neighborhood will heal and things will quiet down.”