City Commission

OTTAWA CITY COMMISSION REVISED STUDY SESSION AGENDA Monday, August 28, 2023 - 4:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may attend in person, VIA ZOOM or submit comments meeting can be viewed live on Channel 23 and via Facebook Live (300 words or less) for the City Commission. To submit your public or listened to by dialing: 1-312-626-6799 and entering meeting comment or to request the meeting Zoom link to give a public ID 919 2144 9005#. To view on YouTube: https:// comment, email publiccomments@ottawaks.gov no later than www.youtube.com/@ottawaksgov 2:00 pm on August 28, 2023; all emails must include your name and If you need this information in another format or require a address. reasonable accommodation to attend this meeting, contact the Participants who generate unwanted or distracting noises may be City’s ADA Coordinator at 785-229-3621. Please provide advance muted by the meeting host. If this happens, unmute yourself when notice of at least two (2) working days. TTY users please call 711. you wish to speak. PUBLIC COMMENTS Subject to the above restrictions, persons who wish to address the City Commission regarding items on the agenda may do so as that agenda item is called. Persons who wish to address the City Commission regarding items not on the agenda and that are under the jurisdiction of the City Commission, may do so at this time when called upon by the Mayor. Comments on personnel matters and matters pending in court or with other outside tribunals are not permitted. Speakers are limited to three minutes. Any presentation is for informational purposes only. The Governing Body will take comments under advisement. I. ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA (Click on the item to access the attachment) A. Minutes (Pp. 2 - 6) 1. August 7, 2023 Study Session 2. August 14, 2023 Study Session 3. August 21, 2023 Regular Meeting B. Proclamation Honoring 2023 Ottawa High School Wall of Honor Inductees (P. 7) C. Voting Delegates for League of Kansas Municipalities Annual Conference - City Clerk Reed (P. 8) II. ITEMS FOR PRESENTATION AND DISCUSSION * A. Ordinance Amending Zoning Regulations to Allow City Agriculture - City Manager Silcott / City Attorney Finch (Pp. 9 - 11) B. Ordinance Allowing the Keeping of Bees - City Manager Silcott / City Attorney Finch (Pp. 12 - 14) C. Ordinance Allowing Raising and Keeping of Female Chickens - City Manager Silcott / City Attorney Finch (Pp. 15 - 16) D. Resolution to Set Fee for Permit to Keep Chickens - City Manager Silcott / City Attorney Finch (P. 17) E. Comments by City Manager F. Comments by City Commissioners G. Comments by Mayor III. ANNOUNCEMENTS A. September 4, 2023 Labor Day Holiday - Study Session CANCELLED, City Offices CLOSED B. September 6, 2023 Regular Meeting - 7:00 pm, City Hall C. September 11, 2023 September 11, 2001 Memorial Ceremony - 8:00 am, Fire Station I, 720 W. 2nd Street D September 11, 2023 Study Session - 4:00 pm, City Hall IV. ITEMS ALREADY PLACED A. Minutes From July 10, 2023 Study Session; July 17, 2023 Study Session; July 19, 2023 Regular Meeting; July 24, 2023 Study Session; July 31, 2023 Study Session; August 2, 2023 Regular Meeting B. Resolution Authorizing the Serving of Complimentary Alcoholic Liquor and Enhanced Cereal Malt Beverages During Ladies Night Out *All presentation materials to be reviewed at the study session (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov by 10:00 am the Thursday prior to the meeting. 8.28.23 Agenda Pkt Page #1  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of August 7, 2023 The Governing Body met at 4:00 pm this date at City Hall with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Graves and Commissioner Clayton. Commissioner Caylor was absent. Mayor Crowley called the meeting to order. Public Comments None were given. Introduction of Parks Department Employees Ian Harn and Darold Worthington The Governing Body heard from DJ Welsh, who introduced Ian Harn and Darold Worthington, and explained that they provided seasonal help to the parks and cemetery department. Mr. Welsh and the Governing Body thanked them for their service. Update on Allowance of Chickens in Ottawa City Limits The Governing Body heard from City Manager Brian Silcott who stated a request for consideration of a change regarding the City’s ordinance on chickens as well as a request on gardening and beekeeping ordinances. Mr. Silcott is requesting the City Attorney to review both and address all of the issues at one time. Update on July 30, 2023 Severe Storm The Governing Body heard from City Manager Brian Silcott, Utilities Director Dennis Tharp and Public Works Director Michael Haeffele who provided updates on storm efforts which included: • This storm rivaled anything we had seen in a long time • Took a lot of lines and poles down and created a lot of damage • Crews responded swiftly • Baldwin City, Gardner, Garnett, Augusta, and KMEA crews assisted • Departments came together in clean-up and repair efforts • Power has been restored to everyone • AMI meters will allow users access to more information regarding outages and power usage • The city has dedicated $60,000 annually for contracted tree trimming • Limb collection continues The Governing Body thanked City Staff for their dedication and hard work in serving the citizens in our community. City Manager's Comments City Manager Brian Silcott issued a heartfelt thank you to city employees for their hard work on storm efforts. Mr. Silcott also thanked the families of city employees for their sacrifices. Commissioner's Comments The Governing Body thanked the city crews for their hard work and effort in restoring power and storm cleanup. Mayor Pro Tem Skidmore thanked Commissioner Clayton for the coordination of the employee appreciation event. 8.28.23 Agenda Pkt Page #2 Mayor's Comments Mayor Crowley had no comment. Announcements A. August 8, 2023 Fusion Business Expo - 6:00-8:00 pm, Legacy Square B. August 14, 2023 Study Session - 4:00 pm, City Hall C. August 16, 2023 Regular Meeting - 10:00 am, City Hall Adjournment There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 4:31 pm. _________________________ Melissa Reed, City Clerk 8.28.23 Agenda Pkt Page #3  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of August 14, 2023 The Governing Body met at 4:00 pm this date at City Hall with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Graves, Commissioner Caylor and Commissioner Clayton. Mayor Crowley called the meeting to order. Public Comments None were given. City Support of Hidden Lakes Tax Credit Application The Governing Body heard from Utilities Director Dennis Tharp, who discussed the City’s support of the Hidden Lakes tax credit application and discussed the following: • Determination was made early in the process with this developer to provide support for the project • It was determined that the City could provide a $20,000 reduction in the cost of tap fees • The total cost for tap fees on 24 units would normally be approximately $25,869 • The method of support was determined to have the least impact on the community to support this endeavor • Staff recommends commission approval to waive $20,000 in tap fees for the Hidden Lakes subdivision Commissioner Caylor made a motion, seconded by Commissioner Clayton, to approve the $20,000 reduction in tap fees to the Hidden Lakes subdivision. The motion was considered and upon being put, all present voted aye. The Mayor declared this item duly approved. City Manager's Comments City Manager Brian Silcott updated the Governing Body on current projects. Commissioner's Comments Commissioner Clayton stated that the recent Moderate Income Housing award is an excellent opportunity for our community. Mayor's Comments Mayor Crowley had no comment. Announcements A. August 16, 2023 Regular Meeting - 10:00 am, City Hall – Cancelled B. August 18, 2023 City Employee/Retiree/Volunteer & Families Event – 5:30-9:00 pm C. August 21, 2023 Study Session – 4:00 pm, City Hall D. August 28, 2023 Study Session – 4:00 pm, City Hall E. September 4, 2023 Labor Day Holiday – Study Session Cancelled There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 4:21 pm. _________________________ Melissa Reed, City Clerk 8.28.23 Agenda Pkt Page #4  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of August 21, 2023 The Governing Body met at 4:00 pm this date at City Hall with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor and Commissioner Clayton. Commissioner Graves was absent. Mayor Crowley called the meeting to order. Public Comments None were given. Presentation of Retirement Plaque to Dennis Tharp The Governing Body presented Director of Utilities Dennis Tharp with a retirement plaque for his 23 years of service with the City of Ottawa. Mr. Tharp thanked the Governing Body for the recognition. Minutes to Review The Governing Body reviewed minutes from the July 10, 2023 Study Session, July 17, 2023 Study Session, July 19, 2023 Regular Meeting, July 24, 2023 Study Session, July 31, 2023 Study Session and August 2, 2023 Regular Meeting. The Governing Body agreed by consensus to place these items on the next Regular Meeting agenda on September 6, 2023. Resolution Authorizing the Serving of Complimentary Alcoholic Liquor and Enhanced Cereal Malt Beverages at Ladies Night Out The Governing Body heard from City Clerk Melissa Reed and Ottawa Area Chamber of Commerce President/CEO Ryland Miller, who explained this resolution would allow the Chamber to make an application with the State of Kansas to allow participating businesses downtown to offer alcoholic drinks to their guests during the event from 1:00-7:00 pm on September 29, 2023. The Governing Body agreed by consensus to place this Resolution on the next Regular Meeting agenda on September 6, 2023. 2nd Quarter 2023 Financial & Activity Reports The Governing Body reviewed the 2nd Quarter 2023 Financial and Activity report with City Staff and community support organizations. City Manager's Comments City Manager Brian Silcott updated the Governing Body on current projects and City operations. Commissioner's Comments The Governing Body thanked Mr. Tharp for his service to our community. Mayor's Comments Mayor Crowley had no comment. 8.28.23 Agenda Pkt Page #5 Announcements A. August 28, 2023 Study Session – 4:00 pm, City Hall B. September 4, 2023 Labor Day Holiday – Study Session Cancelled There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 4:49 pm. _________________________ Melissa Reed, City Clerk 8.28.23 Agenda Pkt Page #6  Back to Agenda WHEREAS, the Renaissance Program of Ottawa High School created a “Wall of Honor” in the Spring of 1997 to recognize special graduates of Ottawa High School who graduated at least 10 years earlier; and WHEREAS, the school board of USD 290 approved this project in the Spring of 1997 and thereby made the “Wall of Honor” the greatest recognition which Ottawa High School can bestow on a graduate; and WHEREAS, the 2023 group of inductees include: Al Keefer (Class of 1948), Mike Skidmore (Class of 1974), Derek Chappell (Class of 1983), and Ryan Henningsen (Class of 1997); and WHEREAS, these inductees will be honored at a banquet and program on Thursday, September 14, 2023, and officially inducted at half-time of the Ottawa High School football game on Friday, September 15, 2023. NOW, THEREFORE, the Governing Body of the City of Ottawa, Kansas, does hereby proclaim September 14-15, 2023 as: Ottawa High School Wall of Honor Days and encourages all citizens to join in honoring these four outstanding individuals who graduated from Ottawa High School. SIGNED this 6th day of September 2023. _________________________________________ Eric Crowley, Mayor 8.28.23 Agenda Pkt Page #7  Agenda Item: I. C. City of Ottawa Back to Agenda City Commission Study Session August 28, 2023 TO: Mayor and City Commission SUBJECT: League of Kansas Municipalities (LKM) Voting and Alternative Voting Delegates 2023 INITIATED BY: City Clerk AGENDA: Items for Presentation & Discussion Recommendations: It is recommended that the City Commission consider placing the voting delegate and alternate voting delegate on the next Regular Meeting agenda on September 6, 2023. Background: The Governing Body annually selects delegates and alternative voting delegates for the annual Business Meeting and Convention of Voting Delegates, which occurs on Monday, October 9, 2023 from 12:00 – 1:30 p.m. Analysis: The League of Kansas Municipalities (LKM) Annual Conference is scheduled for Saturday, October 7 through Monday, October 9, 2023 and will include live sessions. The annual Business Meeting and Convention of Voting Delegates is scheduled for Monday, October 9, 2023 from 12:00 - 1:30 p.m. The total number of votes provided to each member city is based on population and the City of Ottawa is provided three (3) votes: Forms for each voting delegate and alternate voting delegate are due to LKM by Friday, September 22, 2023. Financial Considerations: There is no financial impact from the consideration of this resolution. Legal Considerations: KSA Supp. 12-1601f provides that “The governing body of each member city may elect city delegates from among the city’s officers to represent the city in the conduct and management of the affairs of the League of Kansas Municipalities.” Recommendations/Actions: It is recommended that the City Commission consider placing the selection of three (3) voting delegates and at least one (1) and no more than three (3) alternate voting delegates on the Wednesday, September 6, 2023 Regular City Commission Meeting. Attachments: None. 8.28.23 Agenda Pkt Page #8  Back to Agenda MEMORANDUM TO: HONORABLE CITY COMMISSION BRIAN SILCOTT, CITY MANAGER FROM: BLAINE FINCH, CITY ATTORNEY SUBJECT: ORDINANCES REGARDING AGRICULTURAL ACTIVITIES DATE: AUGUST 28, 2023, STUDY SESSION The City has received requests to review its current regulations regarding the conducting of low- intensity agricultural activities within the city limits. Some of the desired activities include keeping chickens for egg production, keeping honeybees for honey production and gardening with the ability to sell animal and plant products at farmers’ markets. Based on prior City Commission discussion and following a review of current law and discussions with those who desire amendments to city codes the following four documents are offered for your review. 1. Ordinance to add City Agriculture as an accessory use in residential areas of the city. This ordinance is a text amendment to the City’s Zoning Regulations delineating low-intensity agricultural activities from home occupations and allowing for these activities under certain conditions. 2. Ordinance to allow the raising and keeping of not more than four female chickens. This ordinance contains all the conditions the City Commission indicated it wanted to see in an ordinance to allow for the keeping of chickens in residential areas with a primary goal of egg production. 3. Ordinance to allow the keeping of bees in the city. This ordinance regulates the keeping of bees and is based on ordinances from surrounding communities with the goal of balancing the activity of beekeeping with the need to protect the health, safety, and welfare of surrounding property owners as well as the bees. 4. Resolution to set fee for permit for keeping chickens. This resolution will set the fee for keeping chickens in the city of Ottawa. RECOMMENDATION Staff recommends that the City Commission consider all three ordinances and one resolution as an update and amendment to the City’s Zoning and Municipal Codes to enhance low-intensity agricultural activities in response to requests received from members of the community. Attachments: Ordinance Amending Zoning Regulations to Allow City Agriculture Ordinance Allowing the Keeping of Chickens Ordinance Allowing the Keeping of Bees Resolution Setting Fee for Permit to Keep Chickens 8.28.23 Agenda Pkt Page #9  Back to Agenda ORDINANCE NO. AN ORDINANCE CREATING THE ACCESSORY USE OF CITY AGRICULTURE AND AMENDING THE ZONING REGULATIONS OF THE CITY OF OTTAWA, KANSAS, AS ADOPTED BY ORDINANCE NO. 3501-05. BE IT ORDAINED by the Governing Body of the City of Ottawa, Kansas, as follows: Section 1: Definition and Exclusions. City Agriculture is the growing, processing and distribution of plant and animal products within an urban environment. City Agriculture includes, but is not limited to: aquaculture, horticulture, permaculture, hydroculture, agroforestry, beekeeping, gardening, and the keeping of chickens for the purpose of producing unfertilized eggs. City Agriculture does not include such commercial activities as: a. commercial dog kennels, b. dog breeding facilities, c. livestock sales, d. animal husbandry, e. butchering or animal processing, f. on-site sales of animal products on a property with any residential zoning in the City, or g. on-site sales of produce, bulbs, plantings, or cut flowers on a property with any residential zoning in violation of Section 24-501(a)(5). Section 2: Regulations. City Agriculture shall be allowed in the A District, CS, R-1, R-2, R-3, TN, MHS and MP residential districts on tracts with a lawfully occupied residential dwelling subject to the following restrictions and limitations: a. Materials or equipment used in City Agriculture may not be stored outdoors in a manner that would create a nuisance, as defined by Section 10-501 of the Municipal Code of the City of Ottawa. b. City Agriculture activities may not be conducted in a manner that would create a nuisance, as defined by Section 10-501 of the Municipal Code of the City of Ottawa. c. Any person engaged in City Agriculture must be and remain in compliance with all other limits on the number, type, and confinement of animals contained in state law and city ordinances. d. No equipment or material shall be used which creates any noise, vibration, smoke or odors which would be in excess of that ordinarily created by a residential dwelling. e. No agricultural operation may take place which changes the primary character of the property from residential to agricultural. f. No animal product produced by City Agriculture activities may be sold in any residential area of the City. g. No plant product produced by City Agriculture activities may be sold in any residential area of the City, except as may be permitted by Section 24-501(a)(5). Section 3: Not Home Occupation. City Agriculture activities conducted in conformity with this section are not a Home Occupation as defined in 2-301 of this code. 8.28.23 Agenda Pkt Page #10 Section 4: Codification. This amendment to Ordinance No. 3501-05 shall be codified in the City of Ottawa Zoning Regulations as Section 24-603 et seq. Section 5: Effective Date. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor Attest: City Clerk 8.28.23 Agenda Pkt Page #11  Back to Agenda ORDINANCE NO. AN ORDINANCE ALLOWING THE KEEPING OF BEES WITHIN THE CITY LIMITS OF THE CITY OF OTTAWA. WHEREAS, The Governing Body of the City of Ottawa, Kansas, finds that there is a need to regulate and set minimum standards for the keeping of bees within the corporate limits of the City to protect the public health, safety, and welfare of the residents of Ottawa. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1: New Section. The Municipal Code of the City of Ottawa is amended to include the following new language: Definitions. The following terms, as used in this section, shall have the following meanings: (a) “Apiary” means any place or location where one or more colonies of bees are kept. (b) “Beekeeper” means any individual, person, firm, association or corporation owning, possessing or controlling one or more colonies of bees for the production of honey, beeswax, or byproducts thereof, or for the pollination of crops for either personal or commercial use. (c) “Bees” means any stage of the common honeybee, Apis mellifera, or other bees kept for the production of honey, beeswax, or byproducts thereof, or for the pollination of crops for either personal or commercial use. (d) “Colony” means the bees inhabiting a single hive or other dwelling place. (e) “Hive” means the receptacle inhabited by a colony that is manufactured for that purpose. Section 2: Registration and License. Beekeepers shall register the number of hives and the location of each hive on the first day of January of each year or not less than 30 calendar days prior to acquiring a new hive. The registration may be submitted by regular mail, electronic mail or facsimile. After submitting the above required information, the City shall issue a license to the beekeeper. No registration fee shall be required. Licenses for beekeeping are non-transferrable. No colony or hive shall be maintained without first obtaining a license. Section 3: Standards. (a) Up to 3 Colonies may be located on a lot of ¼ acre or less; 4 Colonies on lots between ¼ and ½ acre; 6 Colonies on lots of ½ to full acre. 8 Colonies are permitted on any property larger than an acre. 1. For every 2 Colonies permitted on a tract there may be maintained upon the same tract one nucleus Colony in a hive structure not exceeding one standard 9 5/8 inch depth 10-frame hive body with no supers, the part of the beehive that is used to collect honey, attached as required from time to time for swarm management. 2. Each such nucleus Colony shall be moved to another tract or combined with another Colony on the subject tract within 30 days after the date made or acquired. 8.28.23 Agenda Pkt Page #12  3. The beekeeper shall notify the City in the same manner as provided for registration of hives, of his or her intent to add a nucleus colony no less than 10 days prior to moving in the nucleus colony. Such notice shall include the date the nucleus colony will be on site. (b) The beekeeper shall maintain and manage the apiary and colonies in a reasonable manner to minimize swarming and to prevent the creation of a public nuisance. (c) No beehive shall be placed or kept in violation of the requirements, including setback requirements, of the Ottawa Zoning Regulations, and in no event shall be located: 1. closer than 5 feet to the property line of adjoining property; 2. closer than 25 feet to any house located on developed property other than the residence or lot on which the beehives are located; 3. closer than 10 feet from a public pedestrian path, or sidewalk; 4. closer than 25 feet from the edge of a public street, excluding alleyways; 5. anywhere other than the rear or side yard of the property; or 6. upon land not owned by the beekeeper unless the owner thereof consents in writing. (d) If a hive is within 10 feet of a property line and is located less than 10 feet off the ground, the owner of any hive or apiary will install and maintain a flyway barrier six feet in height consisting of a solid wall, fence, vegetation or combination thereof that is parallel to the property line and that extends ten feet beyond the hive or apiary in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over property lines in the vicinity of the hive or apiary. (e) An adequate supply of water for each colony shall be provided for the bees on the same lot as the hive or apiary between March 1 and October 31 of each year. (f) The beekeeper shall promptly re-queen the colony if the colony exhibits unusually defensive behavior without due provocation. (g) No beehive shall exceed 20 cubic feet in volume. (h) The beekeeper shall conspicuously post their name and phone number in characters at least one inch high on a contrasting background at each apiary site that is located on property other than the beekeeper’s residence. (i) Should adjacent property be later developed, or residential structures located closer than the distances herein prescribed, the keeper shall move such beehive(s) to comply with these regulations. Section 4. Penalty. Violation of any term of this section may be addressed through injunction in a court of competent jurisdiction or prosecuted in municipal court. The Municipal Judge shall have the authority to revoke or suspend a license and order any colonies removed from the city. If the Municipal Judge 8.28.23 Agenda Pkt Page #13 finds that the violation has been remedied within 14 days of a notice of violation or notice to appear being issued the license shall not be revoked and no penalty shall be assessed. Failure to remedy a violation, keeping a colony without a license, or failure to remove a colony from the City when so ordered shall be subject to a penalty fixed by the Municipal Court and shall not exceed the penalties for a Class C misdemeanor for a first offense and a Class B misdemeanor for a second or subsequent offense. If a beekeeper fails or refuses to remove a colony when so ordered the court may order the condition be abated and assess costs. Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this ordinance. Section 6. Effective Date. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor Attest: City Clerk 8.28.23 Agenda Pkt Page #14  Back to Agenda ORDINANCE NO. AN ORDINANCE ALLOWING FOR THE KEEPING OF FEMALE CHICKENS WITHIN THE CITY LIMITS OF THE CITY OF OTTAWA AND AMENDED SECTION 24-602(d) OF THE CITY OF OTTAWA ZONING REGULATIONS AS ADOPTED BY ORDINANCE 3501-05. WHEREAS, The Governing Body of the City of Ottawa, Kansas, finds that there is a need to regulate and set minimum standards for the keeping of chickens within the corporate limits of the City to protect the public health, safety, and welfare of the residents of Ottawa. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1: Chickens Allowed When. Notwithstanding Section 24-602 (d) of the City of Ottawa Zoning Regulations up to four (4) female chickens may be maintained as part of a single-family residence with a minimum lot size of 7,500 square feet, and only upon the issuance of a permit therefor submitted by the property owner, approved by the animal control officer, and issued by the city clerk. Section 2. Permits. A Chicken Permit shall be required to keep or maintain chickens in accordance with this section on any premises less than three acres within the City. (a) Permits will be granted and renewed on an annual basis. The City Clerk with assistance from the Community Development Department shall determine whether to approve, conditionally approve, or deny the application. In approving or denying the application, the City Clerk may consider all relevant factors including, but not limited to, the following: 1. Whether the applicant has complied with all regulations provided for in this ordinance and the City of Ottawa Municipal Code and City of Ottawa Zoning Regulations. 2. Any prior complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or owner of the property. (b) If the City Clerk denies a permit, notice of the denial shall be given in writing to the permit holder at the address provided for in the application, identifying the reasons for the denial and the opportunity for review by the City Manager, or their designee. Such decision shall be final. (c) Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. (d) The fee for such a permit shall be as adopted by the City Commission by resolution. (e) A permit must be obtained prior to the establishment of any chicken coop. (f) Permits hereunder are not transferable. Section 3: Standards and Regulations. Female chickens permitted under this section shall be kept and maintained under the following standards: (a) Female chickens shall be provided access to both a predator-proof fenced coop and a fenced run 8.28.23 Agenda Pkt Page #15  which shall be built in compliance with all building code requirements and setback regulations applicable to residential accessory structures, and in no event shall be located: 1. Closer than 10 feet to the property line of an adjoining property; 2. Closer than 100 feet to any house or other building located on developed property other than the residence or lot on which the coop is located; 3. Anywhere other than the rear yard of the property; or 4. Upon land not owned by the permit holder, unless the permit holder is a tenant who has obtained the written consent of the owner. (b) The permit holder shall comply with all orders and regulations issued by the animal control officer or other legal authority in the event of outbreak in the region of any disease or affliction potentially affecting or being passed by fowl, or in the event of any other matter of public health or safety necessity. (c) There shall be no outdoor slaughtering of chickens. Section 4. Penalty. Violation of any term of this section or condition of the permit may result in revocation of the permit and seizure of the hives or apiary. The Municipal Judge shall have the authority to order any seized animal confined, destroyed or removed from the City. The penalty for the violation of any provision of this Article shall be fixed by the Municipal Court and shall not exceed the penalties for a Class B misdemeanor. Section 5. Amendment. Section 24-602(d) of the City of Ottawa Zoning Regulations adopted by Ordinance No. 3501-05 is hereby amended as follows: d. Chickens, geese or other poultry and ponies no greater than 36 inches at the shoulder may be kept on lots no smaller than three (3) acres in size in the A, CS, R-1, & R-2 districts, when permitted by approval of a conditional use permit. Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor Attest: City Clerk 8.28.23 Agenda Pkt Page #16  Back to Agenda RESOLUTION NO. ________ A RESOLUTION SETTING A PERMIT FEE FOR THE KEEPING OF FEMALE CHICKENS IN THE THE CITY OF OTTAWA, KANSAS. WHEREAS, the Governing Body of City of Ottawa, Kansas (the "City") has adopted an ordinance allowing for the keeping of a limited number of female chickens in the City, and WHEREAS, the Governing Body requires a permit for the keeping of said chickens; and WHEREAS, the Governing Body has reserved to itself the authority set such fee by resolution and now desires to do so; and THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF OTTAWA, KANSAS, AS FOLLOWS: Section 1. Fee. The fee for a permit for the keeping of not more than four female chickens in the City of Ottawa shall be $__________. Section 2. Effective Date. This resolution shall take effect and be in full force and effect upon adoption by the Governing Body. Section 3. Prior Resolutions. Prior resolutions on this subject are hereby rescinded when in conflict with this resolution. Adopted by the Governing Body of the City of Ottawa, Kansas ___day of _______________2023. ___________________________________ Mayor (SEAL) ATTEST: ___________________________________ City Clerk 8.28.23 Agenda Pkt Page #17