Board of Aldermen

BOARD OF ALDERMEN CITY OF TOWN AND COUNTRY NOVEMBER 9, 2020 Given the current public health crisis, various emergency meeting declarations, and in accordance with the provisions of Sec. 610.020, RSMo., the Board of Aldermen meetings were held via Zoom videoconference and streamed live to YouTube. Public comments on hearings and agenda items were solicited via email. Public viewing of the meeting was made available via the City’s website at www.town-and-country.org. WORK SESSION The work session meeting of the Board of Aldermen of the City of Town and Country was held at 6:15 PM on Monday, November 9, 2020 via Zoom videoconference. Present were: Aldermen Allen, Benigas, Frautschi, Holman, Hughes, Mortland, Wiesehan, and Wittmaier. Mayor Dalton presided. City Attorney Steve Garrett was also present via videoconference to represent the City. 1. 2021 Budget Presentation Utilizing a PowerPoint presentation, Finance Director Pam Reitz provided an overview of the recommended 2021 Budget to include goals, process, and review by the Ways & Means Commission. Proposed end of year budget summaries were shown for years 2020 and 2021, with an anticipated 2021 ending fund balance ratio of 59%. Expected revenues and losses across all sources and funds were briefly described. Highlights of the proposed expenditures were shown for the $10.6MM General Fund, as well as for the $1.9MM Road Fund, $1.2MM Capital Improvements Fund, and $2.3MM Parks & Stormwater Fund. Mayor Dalton commended Ms. Reitz for her excellent work and thoughtful guidance. He explained that the goal for this year was to provide ongoing and real-time updates to the Board throughout the process. Mayor Dalton directed feedback and questions to his office, Ms. Reitz, or Mr. Shelton. He concluded by thanking the Ways & Means Commission for their thorough review and recommendations. 2. Discussion – Regular Meeting Agenda Items No votes were taken. REGULAR MEETING The regular meeting of the Board of Aldermen of the City of Town and Country was held at 7:00 PM on Monday, November 9, 2020 via Zoom videoconference. PLEDGE OF ALLEGIANCE Mayor Dalton led the Pledge of Allegiance. ROLL CALL The 7:09 PM roll call indicated Aldermen Allen, Benigas, Frautschi, Holman, Hughes, Mortland, Wiesehan, and Wittmaier to be present via videoconference. Mayor Dalton presided. City Attorney Steve Garrett was also present via videoconference to represent the City. MINUTES – 10/26/20 Regular Meeting Alderman Hughes moved for approval, seconded by Alderman Mortland. Mayor Dalton called for any corrections or amendments. Board of Aldermen Page 2 of 6 November 9, 2020 Hearing none, the minutes of 10/26/20 were unanimously approved. HEARING FROM CITIZENS No public comments were submitted for inclusion in the record for this agenda item. PUBLIC HEARING(S) APPOINTMENTS  Planning & Zoning Commission: Fred Meyland-Smith Alderman Benigas moved to approve Mr. Meyland-Smith’s appointment, seconded by Alderman Allen. Following introductory comments by Mayor Dalton, the City Clerk read aloud a letter submitted by current Planning & Zoning Commission Chairman Rob Cima in support of Mr. Meyland-Smith’s appointment. Said letter is attached hereto and made a part of these minutes. Mr. Meyland-Smith presence on the videoconference was acknowledged and he stood available for interview. Alderman Frautschi thanked Mr. Meyland-Smith for his willingness to serve but noted that she would not be able to support his appointment given concerns expressed by several of her constituents. In response to Alderman Allen, Mr. Meyland-Smith spoke briefly about his history of service within the City, particularly his role as a member of the Planning and Zoning Commission. Alderman Benigas noted his support of Mr. Meyland-Smith’s appointment given his consistent preparedness, respectful demeanor, and his role in making many projects better by virtue of his negotiation and thoughtfulness. The roll call vote was as follows: AYE, Aldermen Allen, Benigas, Holman, Mortland, and Wittmaier; NAY, Frautschi, Hughes, and Wiesehan; ABSTAIN, none; ABSENT, none. The motion carried 5-3. COMMUNICATIONS AND REPORTS Alderman Frautschi Alderman Frautschi announced that the Planning & Zoning Commission would hold its next meeting via Zoom on Wednesday, November 18. She noted that Code amendments regarding the sign regulations and exterior lighting would be discussed and solicited comments from the Board. Alderman Mortland Alderman Mortland reported that the Fire & EMS Services Task Force will be meeting at 8:00 AM on Thursday, November 12, at Longview Farm Park. Chief Cavins announced the reestablishment of the Police Department’s Chaplain Program under the leadership of Sergeant Joe Giacopelli. He noted that four chaplains from Kirk of the Hills, West County Assembly of God, and Covenant Presbyterian will be sworn in on Monday, November 23. Alderman Benigas and Allen expressed their excitement about the program and its value to the community. Board of Aldermen Page 3 of 6 November 9, 2020 Alderman Allen Alderman Allen noted her appreciation of Ms. Reitz and Ways & Means Commission for their work on the 2021 Budget. She explained that the transparency, oversight, and thoughtful questions made this year’s process particularly thorough and well done. She called attention to the professional and efficient staff that continue to provide exemplary service with lean numbers and significant workloads. Alderman Allen also referenced recent publications containing blanket innuendo, accusations, and lack of facts that have caused concern and discomfort. She added that while the First Amendment allows any type of false claims to be made, these comments cast a negative light on past and present elected officials, staff, and the community as a whole. She reiterated her full support of the staff, particularly during this trying time. Alderman Hughes Alderman Hughes stated that the Community Art & Culture Commission will meet via Zoom on Wednesday, November 11 from 6:30-7:30 PM. Alderman Wittmaier Alderman Wittmaier announced that the Conservation Commission would hold its next meeting via Zoom on November 16 at noon. Alderman Wiesehan Alderman Wiesehan reported that the Parks & Trails Commission met recently to discuss future grant and playground projects. He added that the Commission also received a presentation from former Alderman Skip Mange about the donation of Drace Park log cabin signage from the Historical Society. Alderman Holman Alderman Holman announced that the Public Works Commission will hold its last anticipated meeting of 2020 at 4:30 PM on Monday, November 16, via Zoom, and will consider several Code amendments. She thanked Alderman Allen for her comments and noted her sincere appreciation for staff, especially for their commitment during the recent months. City Administrator Mr. Shelton referenced a previously distributed memo from Parks Director Anne Nixon regarding the acceptance of a sculpture donation. In response to Alderman Wittmaier, he explained that the insurance implications were not yet known but would be reported to the Board if not included under the City’s current coverage. Discussion was held about the process for approving public art pieces and the need for a Master Art Plan. Alderman Benigas requested that the Board formally consider the donation at the next meeting. UNFINISHED BUSINESS Alderman Wiesehan recused himself due to his previously stated perceived conflict of interest regarding Bill No. 20-51 and left the video portion of the meeting. BILL NO. 20-51, AN ORDINANCE AMENDING TITLE IV, CHAPTER 405 ZONING REGULATIONS, OF THE TOWN AND COUNTRY MUNICIPAL CODE BY THE AMENDMENT OF ARTICLE XIV PLANNED RESIDENTIAL COMMUNITY (PRC) REGULATIONS AND ARTICLE XXII SPECIAL ZONING DISTRICTS (sponsored by Aldermen Allen, Benigas, Frautschi, Holman, Hughes, Mortland & Wittmaier) (1st reading 10/12/20) Mayor Dalton called for a second reading, without objection. Without objection, Bill No. 20- 51 was read for the second time and placed upon its final passage. Board of Aldermen Page 4 of 6 November 9, 2020 Alderman Frautschi moved for approval, seconded by Alderman Holman. Alderman Frautschi moved to accept Substitute Bill No. 20-51 for consideration, seconded by Aldermen Wittmaier. Alderman Frautschi detailed the changes contained in the Substitute to include removal of references to the Comprehensive Plan, the insertion of appropriate zoning classifications, and more specific verbiage regarding permitted uses and exceptions. A voice vote was held and carried. Alderman Wittmaier thanked Alderman Frautschi for her diligence on this matter given its importance and powerful impact on the community. The roll call vote was as follows: AYE, Aldermen Allen, Benigas, Frautschi, Holman, Hughes, Mortland, and Wittmaier; NAY, none; ABSTAIN, none; ABSENT, none. The motion carried unanimously and Bill No. 20-51, as substituted, became Ordinance No. 4393. Alderman Wiesehan returned to the videoconference. BILL NO. 20-54, AN ORDINANCE AMENDING TITLE II, CHAPTER 205 ANIMAL REGULATIONS AND TITLE IV, CHAPTER 405 ZONING REGULATIONS OF THE TOWN AND COUNTRY MUNICIPAL CODE, SPECIFICALLY BY THE ENACTMENT OF SECTIONS 205.120 AND THE AMENDMENT OF SECTION 405.370 AND SECTION 405.470 REGARDING STANDARDS FOR THE KEEPING OF CHICKEN HENS (sponsored by Alderman Frautschi) (1st reading 10/26/20) Mayor Dalton called for a second reading, without objection. Without objection, Bill No. 20- 54 was read for the second time and placed upon its final passage. The City Clerk entered numerous emails into the record that had been previously distributed to the Board. Said emails are attached hereto and made a part of these minutes. Alderman Frautschi moved for approval, seconded by Alderman Hughes. Alderman Holman moved to amend Section 205.120.D.8 of the bill as follows: (additions as underline; deletions as strikethrough) 8. The floors of every chicken coop shall be a minimum of one (1) foot off the ground, smooth, and tight, and maintained so as to prevent accumulation of filth or water or harboring of vermin there under. Alderman Frautschi seconded and a voice vote carried. Alderman Holman inquired about the use and regulation of heat lamps or other electrical wiring in coops. Discussion ensued wherein it was clarified by Alderman Frautschi and staff that the permitting process would trigger necessary inspections if electrical work is shown on plans submitted with a conditional use permit application. Alderman Wittmaier spoke in support of this bill and commented on the outpouring of resident opinion that was submitted regarding this topic. He also spoke to the case-by-case basis of consideration that would be required of the Board on each conditional use permit application for a chicken coop. The roll call vote was as follows: AYE, Aldermen Allen, Benigas, Frautschi, Holman, Hughes, Mortland, Wiesehan, and Wittmaier; NAY, none; ABSTAIN, none; ABSENT, none. Board of Aldermen Page 5 of 6 November 9, 2020 The motion carried unanimously and Bill No. 20-54, as amended, became Ordinance No. 4394. BILL NO. 20-55, AN ORDINANCE AMENDING TITLE II, CHAPTER 210 OFFENSES, OF THE TOWN AND COUNTRY MUNICIPAL CODE, SPECIFICALLY SECTION 210.780 REGARDING THE HOURS OF CONSTRUCTION ACTIVITIES (sponsored by Aldermen Holman & Frautschi) (1st reading 10/26/20) Mayor Dalton called for a second reading, without objection. Without objection, Bill No. 20- 55 was read for the second time and placed upon its final passage. Alderman Hughes moved to accept Substitute Bill No. 20-55 for consideration, noting its change to be the prohibition of construction activities on Sunday. Alderman Frautschi seconded. Alderman Holman moved to continue Bill No. 20-55 to the meeting of November 23 for further consideration. Alderman Frautschi seconded and a voice vote carried. Mayor Dalton clarified that the Substitute Bill would be held in suspense and taken back up at the next meeting. NEW BUSINESS BILL NO. 20-56, AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AMENDMENT TO THE WEST COUNTY DISPATCH CENTER (WCDC) PARTICIPATION AGREEMENT ON BEHALF OF THE CITY OF TOWN AND COUNTRY (sponsored by the Board as a Whole) Mayor Dalton called for a first reading, without objection. Without objection, Bill No. 20-56 was read for the first time by title only. Mayor Dalton declared Bill No. 20-56 continued to the meeting of Monday, November 23, 2020 for the second reading and consideration. APPROVAL OF A PURCHASE ORDER Alderman Mortland moved to approve the purchase order to Ed Roehr Safety Products for sixteen (16) ballistic vests, in the amount of $12,464.00. In response to Alderman Wittmaier, Chief Cavins explained that the vests being replaced will be used for training purposes and/or ride-a-long protection. Alderman Frautschi seconded and a voice vote carried. CLAYMARK CUP FINDINGS OF FACT Alderman Frautschi moved for approval, seconded by Alderman Holman. A voice vote was held and carried. WARRANT LIST-11/09/20 Alderman Allen moved for approval, seconded by Alderman Mortland. Mayor Dalton called for discussion or amendments. Board of Aldermen Page 6 of 6 November 9, 2020 Alderman Wittmaier referred to the replacement expense for a pedestrian crossing sign at Mason Ridge and Clayton Road. He noted that the total cost will be offset by a payment from the party that damaged the property and inquired about how residents can report witnessing property damage. In response, Chief Cavins encouraged all citizens to “see something/say something” and call the police whenever any type of event involving damage is witnessed. Hearing no amendments, a voice vote was taken on the warrant list of November 9, 2020, in the amount of $272,081.51, and carried. OTHER Alderman Holman inquired about the publication of resident comments received in response to a survey or poll. Attorney Garrett confirmed that all emails received by the City are open records subject to the Sunshine Law. City Administrator Shelton added that staff will take every effort to ensure residents realize their survey responses are open to the public. ADJOURN Motion was made by Alderman Frautschi and seconded by Alderman Allen to move to closed session pursuant to Section 610.021 (2) to discuss real estate and attorney/client privileged communications. The roll call vote was as follows: AYE, Aldermen Allen, Benigas, Frautschi, Holman, Hughes, Mortland, Wiesehan, and Wittmaier; NAY, none; ABSTAIN, none; ABSENT, none. The motion carried unanimously and the Board moved to closed meeting at 8:22 PM. The Board did not return to open regular session. Ashley McNamara City Clerk Robert Cima 12331 Ballas Woods Ct. Town and Country, MO 63131 November 8, 2020 Town and Country Board of Aldermen 1011 Municipal Center Dr Town and Country, MO 63131 Dear Aldermen and Mayor Dalton: I'm writing today to express my support for Fred Meyland-Smith' s appointment to the Planning and Zoning commission. I had the pleasure of serving on the commission for several years with Fred when he was our Aldermanic Liaison. In his time on the commission, I found Fred to be very thoughtful. He always worked to understand the issues that came before the commission from all sides. It was clear in our meetings that he was well-prepared and ready to engage in a discussion on behalf of our residents. His attendance and commitment were excellent. Because of his experience with the commission and his time as an Alderman, he already understands many of the relevant ordinances. Perhaps more importantly, he understands the nuances of balancing our desire in Town and Country for a vibrant community, excellent natural amenities, and quiet, peaceful neighborhoods - a balance that is not always simple to achieve. I would welcome the opportunity to serve again with Mr. Meyland-Smith, and urge you to approve his appointment. Sincerely, Rob Cima Chairman Town and Country Planning and Zoning Commission McNamara, Ashley From: Sarah Jensen <sarahljensen@gmail.com> Sent: Sunday, November 08, 2020 8:50 AM To: McNamara, Ashley Subject: Another comment on Chickens Thanks for reading the additional comment here. Re: chicken coop bill Regarding the waste of the chickens, I don't know how taking care of chickens is any different than caring for pets like dogs and cats. If you don't pick up after your dog, flies and odors abound. If you allow your dog incessant barking outside, you may rouse your neighbors' frustrations Responsible owners will heed ethical and responsible care for their land and heed their neighbors' requests. Laws like this don't make better owners of pets. I believe narrowing the scope of what individuals may do on their land, it limits the rights and decisions of individuals and isn't ideal in our society. As you can see, I do not support this change to Town and Country's laws. I believe these changes, of only allowing those with 2 acres or more is directly preferential to those in higher economic brackets and neglects those who are not as economically fortunate. Not an ideal answer in today's climate of polarized have and have nots. As well, allowing a few chickens to be rasied on ones' land may benefit owners through this microfarming by allowing both fresh egg production and to provide educational resource for families. These kids at home may learn through this, more than the they are through the remote education they are forced to reckon with in this pandemic. I would like you to allow parents a chance to teach something tot heir kids while we are all holed up together. Staying safe and staying sane. Lastly, and not least, my fiftieth birthday is in January and I only asked my husband for a small chicken coop. One coop with two hens to give me pleasure in managing while I cannot travel and while my kids are growing older and out of the house soon. Not your issue, but mine ...that I will be an literal empty nester if you hack my plan to have a hen or two. Graciously, Sarah Jensen 13597 Royal Glen Drive 63131 From: Sarah Jensen <sarahljensen@gmail.com> Sent: Sunday, November 08, 2020 1:26 AM To: McNamara, Ashley Subject: Chickens in T&C Hello. -- I a.m wiring in fa~~r of allowing chi.ckens in pens .in T&~ on one's propriety. I support the educational aspect of keeping ?h1ckens ~or fa~1hes, the.economic aspect of using their eggs for food, and the social aspect of allowing individuals to interact with animals of different sorts-as long as those animals pose no harm to neighbors. I know many ~owns and cities that allow chickens. We moved to T&C with the hope to have animals-and chickens were on that hst. A modest pen can be placed in a backyard without disturbance and without compromising aesthetics. ! support chickens and individual home's maintaining them . I appreciate the ability to voice that opinion and would like 1t part of any discussions and decisions. Thank you, Sarah Jensen, MD 13597 Royal Glen Drive 63131 McNamara, Ashley From: Dawn Risko <dawn@riskofamily.com> Sent: Sunday, November 08, 2020 6:56 AM To: McNamara, Ashley Subject: Backyard chickens I would also defend the keeping of chickens on lots of 1/2 acre or more. I just read this was defeated, but if residents I personally know in the city of Maplewood can have them and also U.City, there shouldn't be a restriction for those of us in T&C. Chickens = yes. Roosters = no. Could an explanation please be provided as to why chickens not allowed on less than 3 acres is ·not being considered? That was not included in the October minutes. Thank you so much for your time and commitment to the T&C residents, Dawn Risko Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android McNamara, Ashley From: Dawn Risko <dawn@riskofamily.com> Sent: Sunday, November 08, 2020 6:45 AM To: McNamara, Ashley Subject: Backyard chickens! Our family is in favor of backyard chickens!! We would love to have them! Dawn Risko Sent from my Verizon, Samsung Galaxy smartphone Get Outlook: for Android McNamara, Ashley From: Maliha Aziz <maliha.a.aziz@gmail.com> Sent: Sunday, November 08, 2020 8:06 AM To: McNamara, Ashley Subject: Backyard chicken Hello, In my opinion backyard chicken should be in 1. Nicely built structured cages 2. No Roosters Unless someone has a very large lot 2-3+ acres. Then people can have designed confined areas. Thanks Maliha Aziz Sent from my iPhone McNamara, Ashley From : Amy Roberts <amerober@yahoo.com> Sent: Sunday, November 08, 2020 4:07 PM To: McNamara, Ashley Subject: Backyard chicken Hello, We would love the opportunity to have some backyard chickens! We really hope it passes. Thanks, Amy Huffman Sent from my iPad McNamara, Ashley From : Aldermen Ward 2 <tcward2aldermen@gmail.com> Sent: Monday, November 09, 2020 2:38 PM To: McNamara, Ashley Subject: Fwd: Your request on ch ickens. For distribution. Begin forwarded message: From: Bmni <oumicky@aol.com> Date: November 9, 2020 at 1:23 :40 PM CST To: Alde1men Ward 2 <tcward2aldermen@gmail.com> Cc: Mayor Dalton <daltonjf@town-and-country.org>, Bob Shelton <sheltonb@town-and-country.org> Subject: Your request on chickens. Good afternoon: As you seek input on having chickens, I support it as long as the birds are given good care, including when homeowners leave on vacation. And as long it doesn't include raising chickens to eat them.Requires tme interest. .. Chickens can't stay in the coop all day long. It is ok for them to go out for a bit and return to the enclosure. Cats and dogs are among predators. (My family used to raise pigeons. They were fed ,released for some time and then fed and locked in a house 20' x 1O' long and 10 ' high. ) I actually don't mind the rooster at all! On the contrary! Millions wake up early every day to it's chant.After all, we all wake up here with noise: construction , lawn mowers, school buses, haulers, dogs barking, sirens, ... a reminder that we are alive and share the world with others. Thank you, Brunilda Perez Ward 2 Sent from my iPhone McNamara, Ashley From: Celia <cjhtoombs@gmail.com> Sent: Monday, November 09, 2020 12:28 PM To: McNamara, Ashley Subject: Backyard chickens Hi, My name is Celia Toombs and I live in Ward 2. I am in favor or backyard chickens. Celia Toombs 13347 Kings Glen Drive St. Louis, MO 63131 Sent from my iPhone McNamara, Ashley From: Gina M Bremehr <bremehrg@objectcomputing.com> Sent: Monday, November 09, 2020 12:16 PM To: McNamara, Ashley Cc: Matt Bremehr Subject: Backyard Chickens Hi, my husband and I are new residents of town and country in Belcrest (Ward 2), and I'm writing to share that I support backyard chickens. Please represent my voice and support this initiative. -- Gina M Bremehr Disruptive solutions for a connected world .™ objectcomputing .com McNamara, Ashley From : Brian Dieckmann <briandieck@gmail.com> Sent: Monday, November 09, 2020 12:40 PM To: McNamara, Ashley Subject: Backyard Chickens Ashley, My name is Brian Dieckmann, I reside at 2 Brook Mill Lane in ward 3. My family and I are in support of backyard chickens. One pressing reason is my son, who attends Mason Ridge full time virtually, is missing out the learning experience with the chickens that Mason Ridge offers in person at the school. I asked that the city approve this as other municipalities in Saint Louis County have with success. Thanks, Brian & Dana Dieckmann 2 Brook Mill Lane Lowell, Laura From : Mandy Burke <mandy.burke@bayer.com> Sent: Sunday, May 17, 2020 11:42 AM To: Lowell, Laura Subject: [QUAR] Letter in support of Backyard Chickens Importance: Low Town & Country Planning & Zoning Commission Members, I am writing this letter in support of the recent bill that has been submitted which would allow backyard chickens within Town and Country. We are fortunate within our city to live in lots with ample green space and privacy w hich not only allows our kids to run and play but which also allows for gardens which give us the ability to provide for ourselves and our neighbors through the spring, summer and fall months. These gardens provide important life lessons for our children in agriculture, food supply chains and most of all, responsibility. Having the opportunity to raise backyard chickens would bring all of these same benefits plus more. In Town and Country we are posit ioned to raise backyard chickens w ith in our ample greenspace with very little disruption to our neighbors. These bills have been passed and are in place successfully in many cities and municipalities right in ou r backyard. Kirkwood and Webster Groves have had successful programs in place for years with a much smaller average lot size. Given the challenges we have seen through the Covid lockdown with our food supply chains, the need for local, sustainable food has become even more important. As mentioned above, there are numerous benefits in raising backyard chickens. A few to summarize can be found below. • Locally raised eggs. By raising backyard chickens, families can determine the type of agricultural practice that they believe in. There are a variety of pros/cons to different practices like organic, Non-GMO and traditional feeding practices but the important part is that families can choose what makes sense for them and their families and they can do it in a way that is far more economical then purchasing eggs at the store. Studies by Mother Earth News have demonstrated that pasture raised eggs, from chickens given space to peck for food are more nutritious than industry sourced eggs, containing 2-3 more omega 3 fatty acids and 1/3 the cholesterol of factory farmed eggs - and have you ever tasted fresh local eggs? They taste so much better too! o Families can successfully provide for not only themselves but could easily support their neighbors as well. o Most backyard chicken-keepers estimate a cost of $3/dozen when eggs at farmers markets cost $5+ per dozen • Chickens serve as great composters for kitchen scraps. Chickens are omnivores and will eat most all kitchen scraps. This is an opportunity to reduce food waste that enters our waste disposa l strea ms for a more sustainable practice. • Chickens act as a natural source of pest control - happily eating up insects and pests in our yards - I for one would love any type of pest control that minimizes the chemicals we utilize! • Chickens will teach our children about agriculture, the importance of locally grown food, smart business practices and responsibility for the care of animals. Who wouldn't want to teach our children these important life lessons! I am highly supportive of this bill and hope that the Planning and Zoning commission takes the following thoughts into consideration with this bill. • We have very large average lot sizes within Town and Country that provide ample space between neighbors. There will not be a problem in raising backyard chickens without disruption. • Local communities that neighbor us have had successful programs with far sma ller lots. • The benefits (as listed above) are ample • I would like the committee to strongly consider an amendment to the proposal which would allow for a minimum lot size of 1 acre AND provisions for small variances should the individual obtain all pertinent 1  approvals from direct neighbors & subdivision authorities . The 2 acre min imum would only allow 15% ofTown and Country residents to take advantage of this bill which seems far too rest rictive. The location and privacy of the lot should ultimately be considered along with the consideration of next door neighbors. Thank you in advance for considering this bill. Locally sourced & sustainable food sources are going to increase in importance as we move forward and I look forward to a world where we can take advantage of the space we are lucky to have in this town to support those needs for our families and for our community. These provisions can be approved and executed with very little impact to the community and need to be passed with an adjustment to the lot size requirement. Let' s show our kids and neighbors how cool it can be to grow and source your own food supply! Best Regards, Mandy Burke 314-954-5398 Mandy Burke NA Corn Tailored Solutions Manager IIIIIIIIIIIIIIIIIIll Bayer - Crop Science Regional Marketing/Product Management St Louis, Missouri 63141 , USA Tel: +1 314 694 1393 Cell: +1 314 954 5398 E-mail: mandy.burke@bayer.com Web: http://www.bayer.com Ill Follow Bayer on: Ill Twitter /// Facebook /// lnstagram Ill Linked In Ill YouTube 2 Lowell, Laura From: Frautschi, Aid Tiffany Sent: Wednesday, May 20, 2020 3:07 PM To: Lowell, Laura Cc: jeff.wittmaier@gmail.com Subject: Fwd: Chicken Hens Draft Ordinance Laura- Please distribute for tonight's meeting. Thanks, Tiffany Tiffany Frautschi Alde1man Ward II President of the Board of Aldermen Planning and Zoning Liaison to the Board of Aldermen Municipal Center 101 l Municipal Center Drive Town and Country, MO 63131 (3 14) 824-8280 (cell) FrautschiT@town-and-country.org www.town-and-co untry.org Begin forwarded message: From: Brian Dieckmann <briandieck@gmail.com> Subject: Chicken Hens Draft Ordinance Date: May 16, 2020 at 9:23:23 AM CDT To: WittmaierJ@town-and-countrv.org Jeff, We understand that Town & Country is considering allowing chickens to be kept at homes in our community. The draft ord inance for the upcoming P&Z meeting to allow chicken hens contains wording that restricts the keeping of chjckens to lots of two acres or more. Do you know who l contact to find out why it is written with this restriction? I have included the draft language for the ord inance below from the P&Z packet. "Agenda Item 2 - Establishment of regulations pertaining to the keeping of chicken hens in single-family zoning districts; Section 405.120 (Chickens), Section 405.370.A (Estate/Suburban Estate Conditional Uses), and Section 405.470.A (Suburban Low/Suburban Medium).(Continued from the March 11 , 2020 PZ meeting)" 1 "A minimum lot size of two (2) acres is required for a chicken coop. The following number of chicken hens is permitted per lot;a. A maximum of four (4) chicken hens on lots greater than 2 acres, but less than 3 acres in size.b. A maximum of six (6) chicken hens on lots greater than 3 acres in size." Thank you, Brian Dieckmann #2 Brook Mill Lane 2 McNamara, Ashley From: Elizabeth Stigall <eacralley@yahoo.com> Sent: Monday, November 09, 2020 12:49 PM To: McNamara, Ashley Subject: Chickens Ashley, My name is Elizabeth Stigall. I reside at 40 Brook Mill Lane in ward 3. My family and I are in support of backyard chickens. I asked that the city approve this as other municipalities in Saint Louis County have with success. Thanks, Elizabeth Stigall 40 Brook Mill Ln Sent from my iPhone McNamara, Ashley From : Dennis Pohlmann <d.pohlmann@sbcglobal.net> Sent: Monday, November 09, 2020 12:51 PM To: McNamara, Ashley Subject: Chickens Ashley, My name is Dennis Pohlmann , I reside at 45 Brook Mill Lane in ward 3. My family and I are in support of backyard chickens. I asked that the city approve this as other municipalities in Saint Louis County have with success. Thanks, Dennis and Sarah Pohlmann 45 Brook Mill Lane McNamara, Ashley From: Jen Jennings <jennings.jen@gmail.com> Sent: Monday, November 09, 2020 1:37 PM To: McNamara, Ashley Subject: Backyard chickens Ashley, My name is Jen Jennings. I reside at 21 Brook Mill Lane in ward 3. My family and I are in support of backyard chickens. Thanks, Jen Jennings Brook Mill Lane McNamara, Ashley From: Dan Hermann <dh78@me.com> Sent: Monday, November 09, 2020 1:58 PM To: McNamara, Ashley Subject: Backyard Chickens Ashley, My name is Dan Hermann and I reside at 46 Brook Mill Lane in ward 3. My family and I are in support of backyard chickens (up to 4 and without a rooster) . Thanks, Dan Hermann 46 Brook Mill Lane Sent from my iPhone McNamara, Ashley From: Karen Migneron <karenmigneron@gmail.com> Sent: Sunday, November 08, 2020 8:18 AM To: McNamara, Ashley Subject: Backyard chickens Absolutely not. Sent from my iPhone McNamara, Ashley From : Tom Migneron <tmigneron@sbcglobal.net> Sent: Sunday, November 08, 2020 8:35 AM To: McNamara, Ashley Subject: No Chickens Hi Please no chickens. Tom Migneron 12904 Timmor Court McNamara, Ashley From: Holly Nylander <hjnylander@gmail.com> Sent: Sunday, November 08, 2020 11 :19 PM To: McNamara, Ashley Subject: Backyard Chickens I would like to express my opposition to allowing backyard chickens in my neighborhood. In fact, bylaws for my neighborhood have addressed this, and disallowed it, in the past. Thank you for considering my input on this issue. Holly Nylander Sent from my iPhone Mc Namara, Ashley From: Ward 3 Aldermen <aldermanjeffreywittmaier@gmail.com> Sent: Friday, November 06, 2020 5:09 PM To: McNamara, Ashley Cc: Ryan Mortland Subject: Code Change related to Chickens Ashley, at the request of the writer, please enter his comments into the record regarding the keeping of chickens in Town and Country. Best regards, Jeff Begin forwarded message: From: Fred Meyland-Smith <meyland@sbcglobal.net> Subject: Taxes and Chickens Date: July 31 , 2020 at 1:58:36 PM CDT To: Ward Ill Aldermen <ward3aldermen@gmail.com> (Excerpt) Chickens - This has been a subject of concern of mine for a long time. I am firmly against allowing chickens to be kept in yards in our town .... along with other livestock such as rabbits, pigs, sheep etc. Here's why - - > First, chicken coops are clearly an "out-building" and T&C intentionally/purposefully tightly restricts the ability to clutter yards with shed out-buildings. Let's not reverse that. > Second, chicken coops require constant maintenance/cleaning due to excess feed scraps, animal fecal waste etc. This condition creates sanitation concerns and attracts rodents. Rodents are a problem by themselves but add to that the attraction they create for predators (coyotes, fox) which then presents a problem for household pets. > T hird, while chickens can be caged in confined space, they naturally should have space beyond their coop. If permitted outside the coop that either presents the possibility of infringing on neighboring properties or creating fences which is another "structure" that is discouraged in our town and properly tightly restricted. I have a farm in southern Illinois and many of my neighbors have chickens. My grandchildren have assisted with the care of the chickens and we enjoy the fresh eggs ... but we and our neighbors are on 200+ acres each. That's a lot different than our residential neighborhoods and a 3 acre minimum restriction for chicken in T&C is like creating a restricted pee area in a swimming poo l (pardon my attempt at some humor) .. I understand the Norman Rockwell image of going out in the yard on a bright, sunny Saturday morning with the kiddos and harvesting a few fresh eggs for a delightful fam ily breakfast. Family togetherness over breakfast can be easily achieved without the significant downsides of chicken coops in a neighbor's backyard . As a point of reference, last night we had a neighborhood HOA meeting to discuss a beautification proposal. In the post meeting casual conversation the su bject of chickens came up (not initiated by me) because of your newsletter. The idea of allowing chickens was met with immediate and un iversal rejection. I will not be surprised if you hear from some of my neighbors. I strongly urge you to reject allowing chickens McNamara, Ashley From : T F <tiffanyfrautschi@gmail.com> Sent: Monday, November 09, 2020 11 :48 AM To: McNamara, Ashley Subject: Comments on Chickens Attachments: Chicken comments June 2019.docx Ashley- Please forward these responses to a previous call for comments regarding Backyard Chickens to the Board. Many thanks! Tiffany From: Bruce LeMoine <bruce.le mo ine@gmail.com> Date: June 22, 20 19 at 5: 15 :28 PM CDT To: feedback@town-and-country.org Subject: Backyard Chicken Feedback Good afternoon. Followi ng up on the article in the recent Town and Country Times, my family and I live in Town and Country Estates off the outer road, and we would be delighted if the city were to allow residents to keep backyard ch ickens. Regulations lim iting numbers of chickens (and possible sex-I'm think ing about roosters crowing in the mornings ... :) ), distance from property lines/setbacks, and permitting all make sense to me. Thanks and please let me know if you would like to discuss further. Thanks. Bruce Bruce LeMoine bruce.lemoine@gmai l.com From: Evelyn Banks <errbanks@gmai l.com> Date: June 2 1, 20 19 at 4:56: 13 PM CDT To: feedback@town-and-country.org Subject: Backyard chickens I support regulations to allow residents to have chickens in their backyard with appropriate restrictions. Thank you, Evelyn Banks (1563 Foxleigh Court, St Louis, MO) From: Pamela Jokerst <pam jokerst@gmai l.com> Date: June 18, 2019 at 5:41 :12 PM CDT To: feedback@town -and-country.org Subject: Backyard Chickens Feedback We are totally in favor of "Backyard Ch ickens" and "Backyard Ducks" in Town & Country. We have lived here since 1998 and are both St. Louis County born and raised. Our daughter lives in the Maplewood/ St. Louis city area and has backyard ducks. They are great! As far as regulations, many communities in the area have been allowing chickens and other animals for many years. T here is no need to reinvent the w heel, when other cities have already passed these ordinances. If there are too many additional ru les and restrictions just because we are T &C, it discourages people from doing what would be a positive thing for themselves and our town. Find out what has worked and what changes these other municipalities would make if having to do it all over, then go from there. We don't want to be our own rut in the road. BTW, I know someone who has a ch icken coop that wou ld rival any T&C child's backyard playhouse/swing set. And looks a lot more attractive! Remember. .. we are Town and Country ... the best cif both worlds! There are many pros to backyard egg-layers in our opinion. Here are some ... The quality of the eggs are superior than commercial store-bought eggs. The birds handle nu isance bugs on the property, i.e. mosquitoes, ticks, etc. For fa milies with children, it gives them a better perspective of where their food comes from. For some, ch ickens or ducks are a better pet alternative than cats or dogs. Some may have an abundance of eggs and wish to donate them to local food pantries. Thank you for offering thi s publi c feedback for this issue. Please follow it through and vote YES! Rick and Pam Jokerst 305 Wyndmoor Terrace Court Home/314-514-8348 Cell/3 14-276-9461 (Pam) -----Original Message----- From: vicki messmer [mailto:vmessmer@sbcglobal.net] Sent: Tuesday, June 18, 2019 2:37 PM To: Feedback Subject: backyard Chickens We are in favor and hope it passes Vicki F rom: Kathi Gaffney <sgaff61873@aol.com> Date: June 17, 2019 at 4 : 12:3 1 PM CDT To: feedback@town-and-country.org Subject: Chicken feedback Just sending my two cents worth on the backyard chickens: I hope this never happens in Town and Country!!!!!! This is not farm land. Can you image trying to sell your house with chickens living in your neighbors backyard? Please don't let this happen. Sincerely, Kathi Gaffney Sgaff61873@aol.com -----O riginal Message----- From: Tony Giordano [mailto:tony.w.giordano@gmail.com] Sent: Sunday, June 16, 2019 11 :57 AM To: Feedback Subject: Chicken feedback I'm a new resident at 953 Kingscove and Town & Country. I lived next to people with chickens about 20 years ago. I can say it was an unpleasant experience. They wander, they're noisy and they also breed unique bird born diseases. I'd suggest only allowing chickens on properties with significant lot sizes of at least two acres (I'd prefer 5+ acres, but I'm trying to be reasonable) . In general neighbors shouldn't be burdened with unexpected farm animals as neighbors. We moved to Town and Country and would never have expected having neighbors with chickens. Thanks for the opportunity to provide feedback. Tony Giordano -----Original Message----- From: Jerry Brown [mailto:golfrrats@aol.com] Sent: Saturday, June 15, 2019 4 :51 PM To: Feedback Subject: Chickens I oppose chickens in the backyards. Jerry Brown From: Ella Robson 2024 [mailto:erobson2024@vdoh.org] Sent: Friday, June 14, 2019 9:43 PM To: Feedback Cc: Emily Robson Subject: Backyard chicken feedback To whom it may concern, My name is Ella Robson. I have lived in Town and Country since I was 5. I Jove living in Town and Country, I have so many friends in the commun ity. Our family has wanted to have chickens for a very long time. We c urrently drive out to W ildwood to get farm fresh eggs. I think it would be wonderfu l to have chi ckens of our own so we cou ld have our own eggs. The chickens that we know at the farm in Wi ldwood are very good pets, and easy to care for. J t hink this wou ld be a great add ition to our community. r think it ties in pe1fectly to our name, "Town and Country." I hope that the law passes to a llow chickens. Thank you for your time. Ella Robson From: Andrew Robson [mailto:aprobson134@gmail.com] Sent: Friday, June 14, 2019 9:29 PM To: Feedback Cc: nilgesee@hotmail.com Subject: Backyard Chicken Feedback To w hom it may conce rn, My name is Andrew. I am an 11-year-old boy and l h ave lived in Town a nd Country since I was 3. A w is h of mine for a long time has been to have c hickens in our backyard. We have learned a lot about chickens at school and they are such coo l a nimals. We even have chickens at school. The junior kindergarteners hatched the c hickens in an incubator. As soon as they were out of the eggs they were adorable. We got to play with the chickens, which was so fun and they grew up so fast. When the chickens were big enough t hey moved into a coop. I feel like I know a lot about chickens and it would be so great to have them . If this law does not pass 1 wi ll be heartbroken. I want to have ch ickens because they are adorable, they produce delicious eggs, and they are just genuine ly cool animals. [f yoL1 find that a ny part of you wants this law to pass please c ling on to it. Thank yo u for your time. Ki ndest regards, Andrew Robson -----Original Message----- From : Xiang , Zhifu [mailto:zxiang@wustl.edu] Sent: Friday, June 14, 2019 9:00 PM To: Feedback Subject: Backyard chicken Hello, We certainly support to allowing residents to raise chickens at backyard, hens only, limited number of 6 or below. Many cities cross the country are doing this, our city should too. Thanks Zhifu Xiang From: Charles Kathy Carey [mailto:careycrew@sbcglobal.net] Sent: Friday, June 14, 2019 6:58 PM To: Feedback Subject: Backyard Chicken Feedback We are in favor of allowing chickens in Town and Country. We would suggest a limit of 6 chickens per household and no roosters. Keep it simple .. Charles and Kathy Carey 13573 Featherstone Drive, 63131 From: Karen Munger [mailto:kmunger49@gmail.com] Sent: Friday, June 14, 2019 5:54 PM To: Feedback Subject: Chickens! We have an acre and would love chickens. Maybe just no roosters ! Thank you. Karen Munger (Conway and Mason) -----Original Message----- From: nancy Hood [mailto:hoodies7@me.com] Sent: Friday, June 14, 2019 2:46 PM To: Feedback Subject: backyard chicken coops Good Afternoon- I'm writing in regards to backyard ch icken coops in Town and Country. Having cared for chickens myself, I think they are a wonderful experience for families . As long as there is a limit to the number of chickens (no roosters) in a coop and people are educated in how to properly manage/care for and protect them from wildlife, it would be great to allow them. It's a beautiful, satisfying experience to take a warm egg from a roost and cook it moments later. I am happy to see the city considering this. Nancy Hood Town & Country resident From: Mark Wardenburg [mailto:mwardenburg@hotmail.com] Sent: Monday, June 17, 2019 11:24 AM To: Feedback Subject: Backyard Chickens I would welcome the idea of backyard chickens. I would also li ke to ask that residents on half acre lots are allowed to have chickens and that a restriction is not imposed to only allow on acre+ lots w/in the city. No Roosters! Thanks! Mark Wardenburg 41 Brook Mill Ln 314-704-1398 -----Original Message----- From: Jana Hunt [mailto:janahuntstl@gmail.com] Sent: Sunday, June 16, 2019 3:06 PM To: Feedback Cc: kjhuntstl@gmail.com Subject: Backyard Chicken Feedback Backyard chickens??? Absolutely a big NO ... NO ... NO! We are proud to be in Town and Country for nearly 30 years. Chickens are noisy and disruptive to neighbors. They are smelly and dirty. We want to live in a suburban community. Chickens belong on farms and large, large acreage. No to urban chickens. Thank you for not allowing them in TC. Kevin and Jana Hunt 13320 Buckland Hall Rd. 63131 -----Original Message----- From: Shirleen [mailto:golfrrats@aol.com] Sent: Sunday, June 16, 2019 2:58 PM To: Feedback Subject: Backyard chickens I strongly oppose raising chickens in backyards of Town and Country. It's unsightly, smelly, and hard to police no matter how hard you try. Shirleen Brown From: April Anderson [mailto:team.nature.ed @gmail.com] Sent: Sunday, June 16, 2019 1:06 PM To: Feedback Subject: Backyard hens are OK given people know what they are getting into I moved from a community that allowed backyard chickens (hens only) and know it is becoming more commonplace. Personally, rm fine w ith hens given people understand what they are getting into. lt is not all sunshine and light. I've attached ordinances {see be low) used by other municipalities to help allay fears and misunderstandings over backyard ch icken-related issues. I've also written about and addressed questions regarding backyard ch ickens, getting into the great and not-so-great side of this proposition. Here's an excerpt from the article From Barnyard to Backyard: Local chickens discover greener pastures (published in Quintessential Barrington Magazine) Before you build a coop Check with your municipality (if you li ve in an incorporated area) or your county (if you live in an unincorporated area) for backyard chicken ordinances. Decide if backyard ch ickens will fit your lifestyle, given their need for daily care. Determine whether your focus will be egg production, meat production, or ornamental enjoyment. Select breeds that will meet these objectives accord ingly. Research ways to prevent predation and health problems. Make a plan for what wi ll happen to your chicken once it is no longer laying eggs (retirement or harvest) Hope this helps, April Anderson, T &C resident FROM ELLISVILLE CODE: Section 205.300 Keeping of Chickens - Allowed On All Detached Single-Family Lots. [Ord. No. 3060 §4, 2-1-2012] A,_ The keeping of chickens shall be allowed on all detached sing le-family lots under the fo llowing conditions. L_Permits andfees. ~Upon app lication submitted w ith a ten dollar ($10.00) application fee per household, City may issue a one (1) year permit if, after inspection, it is shown that location and fac ilities provided comply with all regulations as set out in this Article. ]LAnnual renewal app lication, ten dollar ($10.00) fee and inspection. b.._Number of chickens allowed. ~No more than four (4) hens shall be allowed for each single-family dwelling. None shall be allowed in multi- fami ly complexes, including condos and duplexes. ]LNo roosters shall be allowed . f.:_Although hens are not considered pets, up to fou r (4) hens wi ll count as one (1) animal unit when determining the max imum number of pets allowed as set out in Section 205.060. J..:_Enclosure/containmenl requirements. ~Not permitted to "run at large" . .!LMay not be kept inside the habitable areas of the dwelling. f.:_A coop must be provided w ith minimum square footage of three (3) square feet per bird. Design and construction of coop is to be reviewed and approved by City staff. sl_However, coop may be kept inside the garage (finished or unfinished), unfinished or non-habitable areas in basement or cellars and non-habitable accessory structures. ~Outdoor pen/run must be provided; minimum square footage per bird: ten ( I 0) square feet. [_Pen/run may not be located indoors (garage, basement, cellar or accessory structure). lt may not be located in the front or side yards. g,_An outdoor coop and/or pen used exclusively for chickens w ill not count towards the maximum number of accessory structures allowed. 11,_Coop and outdoor pen/run must be kept in a neat and sanitary condition at all t imes, and must be cleaned regularly so as to prevent offensive odors, insects and disease. ~Distance regulations. ~Outdoor pen/run and coop must be situated a minimum of ten (10) feet from the prope11y line. .!LNotification of nei ghbor is pa1t of the permit process but support letters are not needed. £:.... Pen and coop design, materials and screen ing shall be subject to staff approval for design, materia ls and location. Appeals to staffs decision may be made to the ARB. ~Nuisances. See Section 205.070 Noises and Noxious Odors. Also see Chapter 215 N uisances address ing noise, smells, cleanliness, manure/droppings. ~Slaughtering restrictions. Any s laughtering of chickens shall not be visible on premises. 1.._Miscellaneous regulations. ~May not breed chickens for sale or sell any of their by-products. Q,_Chicken feed must be stored in rat-proof containers. £,_Chickens currently kept shall not be "grandfathered" or permitted to remain after the effective date of this Atticle unless brought into compliance. ELGIN ORDfN ANCE: Ordinance No. G59- 14 A.'N ORDINANCE AMENDING TITLE 7 OF THE ELGIN MUNICIPAL CODE, 1976, AS ANIENDED, ENTITLED "ANIMALS" TO PRO\lIDE FOR A NEW CHAPTER FOR THE KEEPING OF CHICKENS WITHIN THE CITY OF ELG:Dl' \VHEREAS. the City of Elgin is a home rnle unit and as a home rule unit may exercise any power and perfo1m any function pe11aining to its govemmem and affairs; and 'W HEREAS. the city council of the City of Elgin has dete1mined that it i~ appropriate to allow for the keeping of chickens within the City of Elgin: and Vv'HEREAS. the keeping of chickens within the City of Elgin and regulations pettainin g thereto involve public health and pe11ain to the govemment affairs of the City of Elgin_ NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELG:Dl', ILLINOIS : Section 1. That Title 7 of the Elgin Municipal Code, 1976. as amended. entitled "Animals" be and is hereby amended by adding a nev,· chapter 7.08 thereto entitled "Keeping of Chickens" to read as follows: "CHAPTER 7.08 KEEPING OF CHICKE:-rS 7.08.010: DEFINlTIONS: \Vhenever the following words or phrases are used. they shall. for the pmposes of this chapter, have the meaning asc1ibed to them in this section, except when the context otherwise indicates: COOP: A sm1cnire housing hens consisting of a covered inside enclosure. HEN: The female of the species Gallu5 gallus domesticus, collllllonly known as chickens. PEN: A.11 enclosure collllected to a coop for the pmposes of allowing chickenc; to leave the coop while remaining in an enclosed. predator c;afe environment. 7.08.020: LIMIT TO NUMBER OF HENS PERMITTED: No person shall keep more than four (4) hens. Roostel'c; shall be prohibited. 7.08.030: CONFINEMENT: All hens kept in the city shall be entirely confined in a pen, coop, building, or other enclosure at all times. During daylight hours hens may also be temporarily kepc in a mobile screened enclosure commonly known as a chicken trnctor. Such chicken tractors shall be located only in a rear yard in accordance with the stmcnu·es-location restrictions provided for in this chapter. 7.08.040: STRUCTURES-LOCATION RESTRICTIONS: Structures housing hens including any p ens, coops. buildings or enclosmes shall be pemlitted only in conjunction with a single-family detached dwelling located in a residence or residence conservation zoning district. Stmctures housing hens including any pens, coops, buildings or enclostll'es shall be located only in a rear yard. erected or maintained at least twenty-five (25) feet from any occupied residential strucnll'e other than that of the owner. setback at least six (6) feet from all property lines of an adjacent prope1ty and shall not be visible from a 5treet. 7.08.050: STRUCTURES-REQUIREMENTS: Strnctm·es housing hens shall consist of a covered inside enclosm·e known as a coop and an adjacent covered outside fenced area known as a pen. Stmctures housing hens shall provide not less than ten (10) square feet per hen with coop size limited to nor more than fifty (50) square feet and pen enclosures limited to not more than one hundred (100) square feet. Coops shall be constmcted to 5pecifications as approved by the Community Development Director and mu.st be placed either above ground or on a hard smface such as concrete, patio block or gravel and able to withstand nan1ral forces such as \Vind, rain and snow. Wooden or pre-cast concrete posts shall be acceptable fom1dations if they are placed at least twenty-four inches into the ground and finnly tamped with dirt or gravel. Any stm cture housing hens including any pen. coop, building or other enclosm e thac is nor fully enclosed shall be screened to a height of six (6) feet. Said screening shall be comprised offences or walls six (6) feet in l!eight. 7.08.060: MAINTENANCE OF SANITARY C ONDITIONS: All pens, coops, buildings, yards or euclostll'es for hens shall be kept clean. sanitruy and free from all refuse and waste. Such areas shall be thoroughly cleaned at least once eve1y twenty-four (24) how-s and all refuse and chicken waste shall be disposed of in a clean and srulitruy fashion. 7.08.070: MISCELLA..!'lliOUS REGULATIONS: A. All feed for hens shall be kept in rodent proof containe1-s until put out for consmnptiou by the pennittecl hens bei11g kept B. Slaughtering of chickens is prohibited. 2 C. Odors from chickens, chicken manure or other chicken related substances shall not be perceptible at the property boundaries of the property where the chickens are kept and it is hereby declared a nuisance and shall be m1lawful for any person to allmv such nuisance to exist. D. No pet'SOll shall allow chickeus to provide noise loud enough to annoy or disturb the comfo11, health, peace or repose of reasonable persons of ordinary sensibilities, and it is hereby declared a uuisauce and shall be unlawful for any person to allow such nuisance to exist. 7.08.080: LICENSE AND PERMIT REQUIRED: No person shall keep chickens within the city without first obtaining a license therefore issued by the city. Any petL coop, building or other enclosm·e used for the homing of hens may be erected only after obtaining a building pennit as proYided for herein. 7.08.090: LICEKSE PER.MIT PROCESS: A. Au applicant for a license for the keeping chickens or for a building permit for any pen, coop, building or other enclosure used for the housing of chickens must subtnit the following to the Community Development Director: 1. Completed applications on fonns pro\·ided by the city. 2. A cm1·e11t plat of survey accurately depicting the potential location of the proposed strnctme housing hens 011 the applicant's property. 3. The required license fee for a liceuse for the keeping of chickens in the amoUllt of S30.00 and the required building pe1ruit fee. Tue building pe1ruit fee for a pen, coop, building or other enclosure used for the housing of chickeus shall be the same fee as for a shed. B. A lice11Se for the keepiug of chickens and a building petruit for a structme for the keeping of chickens shall not be granted unless the applicant can shO\v proof that a proposed sttuctnre that complies with all provisiom of this Chapter will be erected. C. A license for the keepiug of chickens and a building pe1ruit for a structure for the keeping of chickens shall not be transferable or nm with the land and shall te1ruinate and become inrnlid upon the liceusee no longer occupying the property for which the license and pe11nit were issued. D. The city will begin accepting applications for a lice115e for the keeping of chickens and for a building permit for any pen, coop, building or other euclosure used for the homing of chickens beginning January 1, 20 15. In the event applications for such a licellSe and permit received by the city between January 1, 3  2015 and Januruy 15, 2015, exceed fifteen ( 15) in number a lotte1y will be used to determine the order such applications will be considered by the city. 7.08.100: SUSPENSION OR REVOCATION: In addition to any other penalty which may be authorized by this chapter or other city ordinances, the co1ll!11unity development director may suspend or revoke any license issued pursuant to this chapter for: A. Failure of the licellSee to comply with ru1y provisions of this chapter, any other applicable ordinances, the laws of the state, federal faws or other applicable legal requirements; or B. Finding that the licensee knowingly furnished false or misleading information or withheld relevant infonuation in any application for a license for the keeping of chickens or for a building pemlit for ru1y structure for the keeping of chickens. 7.08.110: SU1v1MARY SUSPENSION: \Vb.ere the commmlity development director presents to the city manager sufficient evidence demonstrating probable cause to believe that the licensee has violated the provisions of this chapter or tile Im.vs of the United States or the State, ru1d that said violation will immediately threaten the public health, safety or welfare, the city manager may, upon the issuru1ce of a written order stating the reason for such conclusion, ru1d without prior notice or hearing, order the licensed stmcture for the keeping of chickem closed and the license surmuruily suspended pending a public hearing and a detemlination on suspension or revocation. Such hearing shall be commenced not more than seven (7) days following the entry of such an order, m1less the licensee shall agree to a longer period of time. The procedure for such a heating or ai1y appeal with 1-es1Ject thereto shall be as otherwise provided in this chapter. Upon entry of an order of summary suspension, the licensee shall be served with a copy of the order and notice of violation and a hearing in the ma1111er provided by tllis chapter. 7.08. 120: NOTICE OF HEARING: Except as provided in Section 7. 08.110 of this chapter. prior to suspension or revocation of a licei1se under this chapter, the licensee shall be notified in writing of tl1e nahll'e of the violation(s) ru1d au opportunity for a heruing which will be provided if a \Vritten request for a heru·ing is filed with the co1Illllmlity development director by the holder of the license within ten (10) clays. If a written request is filed within ten (10) days, a hearing date shall be set within ten ( 10) days ofreceipt of the request. If no written seqnest for a hearing is filed within ten (1 O) days, the suspension or revocation shall be sustained. 4 7.08.130: HEARINGS: As provided in this chapter, a hearing shall be conducted by the community development director or his desiguee affording the licensee an opportl.mity to appear and defend the charges. The community development director shall make a final decision in writing, including the reasons for such decision, and shall serve such decision ou the licensee within ten (10) days after the conclusion of the hearing. 7.08.140: APPEALS: A. A..ny person aggrieved by the action or decision of the city's community development di.rector to deny. suspend or revoke a license applied for or issued under the provisions of this chapter shall have the right to appeal such action or decision to the city manager within ten (10) days after the notice of action or decision has been mailed to the licensee' s address as shown on the license application fo1m, or to the licensee· s last known address. B. A..n appeal shall be taken by filing with the city' s co111ll1unity development director a writteu statemeut setting forth the grounds for appeal C. The city 's community cleYelopment director shall transmit the VvTitten statement to the city manager \Vi.thin ten (10) days of its receipt and the city manager will set a time and place for a hearing on the appeal. The city manager may designate an authorized representative to conduct su ch hearing. D. A hearing shall be set not later than hventy (20) days from the date of receipt of the appellant's written statement. E. Notice of the time and place for the heruiug shall be given to the appellant in the same manner as provided for the mailing of notice of action decision. F. The city manager or the city manager' s designee shall serve a decision on the licensee within ten (10) days after the cone lusion of the hearing on such appeal. 7.08. 150: REMOVAL OF STRUCTURES: Strncti.u·es housing hens including any pens, coops, buildings or enclosrn-es shall be removed upou a licensee no longer keeping chickens. upon a licensee no longer occupying the property for which a license for the keeping of chickellS \Vas issued or upon a licensee for the keeping of chickens having been revoked. 7.08.160 : COl\ifLICT \VITH PRIVATE COVENANTS: Nothing in this chapter shall be constmed to perm.it the keeping of chickens when such activity is prohibited by private covenants, conditions or restric.tious governing the use of prope11y. 5 7.08 .170: PENALTY FOR VIOLATION: A. Any person \·iolating any of the prO\:isions or failure to comply with any of the manclato1y requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fme of not less than fifty dollars (550.00) no more than sewn lnmclred fifty dollars ($750.00). B. Any person shall be guilry of a separate offense for each and every day during any portion of which any violation or provision of this chapter is committed, continued or pemiitted by any such person, and such person shall be punished accordingly. C. Violation notices for violations of this chapter shall be issued, served, and resolved in accordance with the administrati\·e adjudication of nonveb.icular code violations system established pm-suant to title 1, chapter 1.25 of this code. or if brought before a coru1 of competent jurisdictioIL pmsuant to the Illinois Code of Ci\-il Procedure, Illinois Supreme Coru1 Rules, and such other mies that might apply to such coru1. 7.08.180: NUMBER OF LICENSES MID PERMITS TO BE ISSUED: The number of licenses authorizing the keeping of chickens shall not exceed fifteen (15) in number. Tue number of building permits issued in conjunction with sb:uctures housing hens including pens, coops, buildings or enclosures shall not exceed fifteen (15) in ntllllber. 7.08 .190: ONE YEAR PILOT PROJECT: It is hereby declared to be the legislative intent of the city council that the adoption of this chaprer and ordinance for the keeping of chickens in the ciry is being done on an experimental basis only and that no pennitee who is granred a license for the keeping of chickens or a building penuit for a strucnu·e for the keeping of chickens shall have any prope11y interest, vested right or other continuing protectable imerest in the continuation of a license for the keeping of chickens or for a building permit fm· a structure for the keeping of chickens. The city manager is directed to submit a rep011 to the city cotmcil prior to December 31 , 2015. and therein shall advise the city council as to the city's experience with the keeping of chickens and licenses and pemlits with respect thereto and recommend \vhether an ordinance providing for a continuation of the keeping of chickens should be recommended for adoption by the city council. 7.08.200: SEVERABILITY: If any provision., clause. sentence, paragraph, section or part of this chapter or application thereof to any person or circtunstauce, shall for any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or il1"alid. said judgment shall not affect, 6  impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or prut thereof directly involved in the controversy in which such judgment shall have been rendered and to the persons or circwnstauces involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provisions. clause, sentence, paragraph. section or prut thereof not been included.-' Section 2. That Section 7.04.240 of the Elgin Municipal Code. 1976, as amended, entitled "Keeping of Animals" be and is hereby fmther amended by amending subparagraph E thereof to read as follows: "E. It is unlawful to raise. keep, harbor, possess, maintain or have the cru·e or custody of in the city any animal commonly considered a fanu animal including, but not limited to, cows, horses, pigs or chickens, with the exception of chickem for which a license has been issued ru1d which are kept and maintained in compliance with chapter 7 .08 hereof." Section 3. TI1at all ordinrulces or paits of ordinances in conflict with the provisions of this ordinance be and ru·e hereby repealed to the extent of any such conflict. Section 4. That this orclinru1ce shall be in foll force and effect from and after January 1, 2015, upon its passage ru1d publication in the mrulller provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 8, 2014 Passed: October 8, 2014 Vote: Yeas: 6 Nays: 3 Recorded: October 8, 2014 Published: October 10, 2014 Attest: si Kimberly Dewis Kimberly Dewis, City Clerk