City Council Worksession

1. Agenda Documents: 3-13-18 AGENDA.PDF 2. Supporting Documents Documents: WORKSESSION MEMO.PDF  WORKSHOP CITY COUNCIL MEETING Steve Washburn Deborah Everson 309 Lewis Avenue S., Watertown Lindsay Guetzkow Tuesday, March 13, 2018 Adam Pawellk 5:30 PM Michael Walters 1. Call to Order and Roll Call 2. New Business A. Urban Poultry 3. Adjournment Page 1 of 1 To: Honorable Mayor and City Council From: Shane Fineran, City Administrator Date: March 13th, 2018 Re: Urban Poultry In reviewing potential ordinance amendments to be reviewed by the City in 2018 it was desired by the City Council review the ordinance regulating the keeping of chickens within City limits. Currently the keeping of fowl and poultry is not permissible under code section 10-102(subd. 3) in which the keeping of “chickens, roosters, ducks, geese, and pigeons” is not permitted within any zoning district with the exception of areas zoned agricultural according to the City’s official zoning map. In the recent history of the City the keeping of chickens was permitted. This ordinance update was performed in 2009 in response to resident complaints regarding the keeping of chickens in residential areas. In a properly zoned area a property owner may keep up to 25 poultry in most cases. Agriculturally zoned areas are a small limited area within the City, typically former township parcels that have been annexed and are awaiting subdivision into residential districts. Urban chicken farming has been a topic of interest for many with interest in locally grown and locally sourced food products. Many urban communities have considered the permitting of keeping of chickens on residentially zoned property as a means of supporting this movement and the desires of residents. Two nearby communities have recently enacted the keeping of chickens as a permissible activity and developed licensing and inspection provisions as a means of regulation of the activity. Both communities have licensed less than 5 properties for the keeping of poultry since the enacting of their ordinances. The local ordinances are fairly involved pieces of local legislation that limit the numbers, regulates the placement and size of structures that house poultry, address feces management, impounding, carcass management, and feed storage. A quick internet search on the topic of the keeping of chickens will provide endless opinion on whether the activity is worthwhile, humane, enjoyable, etc. The concern of the City should not be based on those viewpoints but rather on the compatible use of land and the ability of the City to effectively enforce such provisions. Some policy questions the Council should consider are: 1. Is the keeping of chickens a desired and compatible use of residential property within the community? How much does noise, smell, and visual impact the enjoyment of one’s property? 2. The City recently got out of the business of licensing animals, do we want to re-enter this marketplace? 3. How involved do would we want to regulate the activity? What type of staff investment in the regulation of this activity is desirable? 4. If the regulating of the keeping of chickens is desired, what shall be the next steps? Attached: Ordinance Enactment from May, 2009, Animal Regulations (Sec 10, Article 5), Ag Zoning Regulations (Sec. 62, Article IV, Div. 2),Mayer Ordinance, Waconia Ordinance 7. COMMITTEE REPORT B. Farm Animals in non-agricultural districts In the past couple of years city staff has received complaints about chickens in residential areas. Residents have taken to raising chickens for eggs. The Zoning Code allows chickens and other farm animals in agricultural districts but there is nothing about residential districts. During the May 2009 Planning Commission meeting, the Commission gave staff direction to prepare an ordinance prohibiting farm animals and livestock within residential zoning districts. Duske stated that he would like to see a limit on the number of rabbits that are allowed. He stated that until he sees something about limits he would not approve the proposed ordinance. He wanted to see one ordinance without having to make amendments. MARTINEZ MOVED, MANN SECONDED A MOTION TO ADOPT ORDINANCE 337 PROHIBITING FARM AND LIVESTOCK ANIMALS IN RESIDENTIAL ZONING DISTRICTS. MOTION CARRIED 3-1 (DUSKE VOTED NAY). A. Request to install corn crib at 133 Lewis Ave. S. Dawn Kroonblawd, owner ofWatertown Floral at 133 Lewis Ave. S., requested to install a 15-foot diameter corn crib on the vacant lot next to her floral shop. She would like to put hanging baskets in the crib during spring and summer and garland and wreaths during the winter months. Kroonblawd talked to business owners in the area and post cards were sent out to all business owners in the downtown area. Planning Commission recommended approving the use of a corn crib as an accessory structure and recommended adherence to building code standards. Staff also suggested that the structure be painted with a clear poly or similar substance to help in the aging process. DUSKE MOVED, MARTINEZ SECONDED A MOTION TO APPROVE REQUEST TO ERECT A FLOWER CRIB AT 133 LEWIS AVE. S. AS AN ACCESSORY STRUCTURE TO STORE AND DISPLAY PRODUCTS. MOTION CARRIED 4-0. C. Expanding Driveway Widths Staff presented an ordinance which expands the maximum allowable width of driveways from 24 feet at the property line and 30 feet at the curb to 24 feet maximum for two-stall garages or fewer and 30 feet maximum at the property line and curb for three or more stall garages. The Council reviewed an ordinance at its June 9, 2009 meeting and decided to keep the ordinance simple. A public hearing was posted in the Carver County News June 11, 2009. MCDONALD MOVED, DUSKE SECONDED A MOTION TO ADOPT ORDINANCE 336, AMENDING THE MUNCIPAL CODE BY CHANGING THE TEXT PERTAINING TO THE MAXIMUM WIDTH OF DRIVEWAYS. MOTION CARRIED 4-0. 6/23/2009 ARTICLE V. - LIVESTOCK Sec. 10-102. - Farm and livestock animals prohibited. (a) No person shall keep, maintain or harbor within any zoning district, with the exception of agricultural zoning districts within the city, any of the following farm animals: (1) Any pig, whether potbelly or typical farm-raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (2) Any hoofed animal including but not limited to goats, horses, cows, and sheep, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (3) Any poultry or fowl including but not limited to chickens, roosters, ducks, geese, and pigeons. This does not include any caged non-farm birds used as pets. (4) Any bees, whether kept in a hive or not, which are harbored for the purposes of private or commercial production of honey, breeding, or other agricultural type uses. (Ord. No. 337, § 1, 6-23-09; Ord No. 390, § 1, 2-9-16) Secs. 10-103—10-110. - Reserved. DIVISION 2. - AGRICULTURE/OPEN SPACE (A-1) DISTRICT[4] Footnotes: --- (4) --- Editor's note— Ord. No. 239, § 1, adopted Dec. 10, 2002, amended div. 2 in its entirety to read as herein set out. Former div. 2, §§ 62-231—62-250, pertained to the same subject matter and derived from Ord. No. 193, § D(1.1—1.4) adopted Dec. 28, 1993. Sec. 62-231. - Intent. The purpose of the agriculture/open space (A-1) district is to provide generally for a smooth and orderly transition of land from rural to urban in character, and more specifically to prevent the occurrence of premature scattered urban development which would be uneconomical from the standpoint of municipal services, utilities and schools until such time as: (1) Necessary public facilities such as streets, water and sanitary sewer are available. (2) The ability to objectively determine and project appropriate land use patterns makes orderly development possible and to retain as much genuinely rural area and agriculture land as can be accommodated and encouraged until urbanization is considered necessary. Subdivision of property within the agriculture/open apace (A-1) district is prohibited. (Ord. No. 239, § 1, 12-10-02) Sec. 62-232. - Permitted uses. The following principal uses shall be permitted within the agriculture/open space (A-1) district: Uses: Agriculture and horticultural uses, including structures designed for the storage of products and machinery pertaining and necessary to agriculture and horticultural operations. Single-family residential. Public parks, recreation areas, game refuges, and open spaces. (Ord. No. 239, § 1, 12-10-02) Sec. 62-233. - Permitted principal and accessory structures. No new principal structure shall be constructed within this district. In the event an existing permitted structure is destroyed beyond 50 percent of its assessed value, such structure may be replaced, subject to the conditions of section 62-235. (1) Principal structures. The following principal structures shall be permitted: a. Existing single-family residential dwellings. b. Existing attached single-family residential dwellings. c. One principal structure shall be permitted for each lot.  d. Agriculture and horticulture storage and maintenance structures. (2) Accessory structures. The following accessory buildings or structures shall be permitted: a. Sheds. b. Garages. c. Recreational buildings and structures, including but not limited to gazebos, decks. d. Other accessory buildings as approved by city planner as being consistent with rural residential use. These structures shall be used only by the occupant(s) of the residence for personal storage, hobbies, recreation, entertainment, family uses, private maintenance and repair activities, and for the keeping of animals and appurtenant equipment and supplies. Guest quarters and/or additional dwelling units are strictly prohibited. No products or services shall be offered for sale or pay or similar compensation except as permitted for a home occupation. (Ord. No. 239, § 1, 12-10-02) Sec. 62-234. - Conditional uses. The following uses may be allowed in the agriculture/open space (A-1) district, upon receipt of a conditional use permit. (1) Recreation facilities of a commercial or semipublic nature, such as golf courses, sportsmen clubs and camping areas. (2) Public utilities and service utility facilities and structures, as regulated by City Code. (3) The keeping of animals including, but not limited to, those in stables or kennels according to the following density standards: These regulations apply to lots of less than 20 acres unless otherwise regulated by the Carver County Feedlot Management Ordinance, as amended from time to time. Lots of 20 acres or greater shall comply to the Carver County Feedlot Management Ordinance, as amended from time to time. A manure holding plan may be required when there are any domestic animals other than customary household pets. On lots of at least 2.25 acres, but less than 2.4 acres, one animal unit is permitted. On lots of 2.4—20 acres, one animal unit per acre or fraction thereof is permitted, with the number of animals rounded up to the nearest whole number. For the purposes of this section, an animal unit shall be defined as provided below: One Equine (horse, mules, cow, etc.) equals one animal unit. Five sheep, goats, or similar equals one animal unit. Ten dogs equals one animal unit. Twenty-five poultry (chickens, turkey, etc.) equal one animal unit. Fifty small animals (cats, rabbits, etc.) equal one animal unit. For animals not listed above, the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds.  CHICKENS § 92.30 PURPOSE AND SCOPE. It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding past time. Therefore, it is the purpose and intent of this subchapter, subject to the conditions and requirements of this subchapter, to permit the limited keeping and maintenance of chicken hens for eggs and meet sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety and welfare of the community. (Ord. 191, passed 2-24-14) § 92.31 KEEPING OF CHICKENS. The raising, harboring, maintaining and keeping of chickens in the City of Mayer is prohibited except as provided by this subchapter and except as may be allowed in the City of Mayer agricultural zoning districts. (Ord. 191, passed 2-24-14) § 92.32 LICENSE REQUIRED. A license is required for any person seeking to keep chickens as allowed by this subchapter. An applicant must complete an application form provided by the city. Any amendment to an existing license shall constitute a new application and fee. The application shall include, but not limited to the following information: (A) Written, dated and signed consents from at least 75% of the owners of all properties within 200 feet of the applicant’s property. Such consents may also be required upon any request for renewal of the license. (B) A scaled drawing (site plan) showing the location, size, and dimensions of all structures (coops and the like) and containment areas for the chickens including the distance of all structures and containment areas from adjoining structures and neighboring property lines and city setback requirements. (C) The number of chickens to be kept on site. (D) Detailed feces and waste removal plan. (E) An agreement by the applicant that the premises may be inspected by the city at all reasonable times to ensure compliance with all applicable conditions. (F) A statement that the applicant understands the conditions and requirements of this subchapter. (Ord. 191, passed 2-24-14) § 92.33 DURATION OF LICENSE AND FEE. (A) Each license issued under this subchapter shall expire on December 31 in the year of issuance unless sooner revoked. A license shall be renewed annually to continue the limited keeping of chickens. (B) The annual fee for a license shall be in such amount as set forth in the City fee Ordinance, which shall be paid at the time of the making of the application. (Ord. 191, passed 2-24-14) § 92.34 RIGHT OF ENTRY FOR INSPECTIONS.  The animal control officer or city administrator’s designee may enter and inspect any property or accessory building for the keeping of chickens at any reasonable time for the purpose of investigating an actual or suspected violation to ascertain compliance or noncompliance with this section. (Ord. 191, passed 2-24-14) § 92.35 LICENSE SUBJECT TO TERMS AND CONDITIONS OF THIS SUBCHAPTER, PRIVATE RESTRICTIONS AND REVOCATION. (A) A license is subject to all terms and conditions of this subchapter and any additional conditions deemed necessary by the city to protect the public health, safety, and welfare. Private restrictions such as covenants take precedence over the permit. A permit issued to a person whose premises are subject to covenants that prohibit the keeping of chickens is subject to be voided. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. (B) The city may revoke a license for failure to comply with provisions of this subchapter or any of the license’s conditions. Prior to revoking a license, the city shall provide the owner with notice of the revocation and an opportunity to appeal the revocation to the city council. (Ord. 191, passed 2-24-14) § 92.36 LIMITATIONS ON KEEPING OF CHICKENS. (A) Intent and purpose. It is the intent and purpose of this section to set standards for the limited keeping of chickens in the City of Mayer. (B) Conditions. The limited keeping of chickens may be permitted as one additional accessory use to a detached single-family property dwelling unit subject to the following: (1) The owner of the chickens shall live in the dwelling on the property and the property owner is in receipt of a license as required by this subchapter. (2) No more than five total hen chickens shall be kept on the single-family dwelling unit property. (3) No roosters or adult male chickens shall be kept on the single-family dwelling unit property. (4) All chickens shall be kept within a separate enclosed building and/or fenced outdoor containment area subject to the following: (a) The building shall be less than 120 square feet in size and not exceed six feet in height. (b) The building shall comply with all setbacks and other standards for accessory buildings, unless otherwise stated herein. (c) Any outdoor containment area, run or exercise yard shall be screened from view from all neighboring properties and rights-of-way. Outdoor containment areas shall not exceed 20 square feet per bird and shall be enclosed by a fence not to exceed six feet in height.  (d) Any building or containment area shall be located in the rear yard only and shall be at least 50 feet from adjacent habitable structures. (e) Fencing used to contain chickens shall comply with applicable conditions of the City Code, but in any event shall be sufficient to contain the chickens from being able to leave the site. (f) Chickens shall not be kept within the dwelling unit or garage. (g) The accessory building and/or containment area shall be maintained in good repair, in a clean and sanitary manner, free of vermin, and free of objectionable odors. (h) Chickens shall remain in the building and/or containment area at all times and shall not run at large. (i) Chickens shall remain in the building from sunset to sunrise each day to prevent nuisance noise and the attraction of vermin and predators. (j) Leg banding of all chickens is required. The bands must identify the owner’s name, address, and telephone number. (5) The slaughter of chickens on site is prohibited. (6) The raising of chickens for breeding purposes is prohibited. (7) The sale of eggs or other commercial activity on the premises is prohibited. (8) Feces and discarded feed shall be regularly collected and only stored temporarily on site in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin. Such waste shall not be composted on site. (9) Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. (10) Chicken fighting is prohibited. (11) Dead chickens must be disposed of according to the Minnesota Board of Animal Health Rules which require chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of chicken carcass disposal include offsite burial, offsite incineration or rendering, or offsite composting. (12) The holder of a license who no longer intends to keep chickens or whose license has expired shall notify the city and remove all structures, fences and containment areas where chickens have been kept. (Ord. 191, passed 2-24-14) § 92.37 VIOLATORS AND PENALTIES. (A) Any person keeping chickens without a license issued under this subchapter or continues to keep chickens after the license has expired or been revoked shall be guilty of a misdemeanor. If a license is revoked or a person is found guilty of a violation of this subchapter, no new license may be issued for a minimum period of one year after such event. (B) Any person violating any conditions of this subchapter shall reimburse the city for all costs and expenses incurred by the city to enforce the conditions of the license including but not limited to the pickup and impounding of chickens. (Ord. 191, passed 2-24-14) § 92.99 PENALTY. (A) Separate offenses. Each day a violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable under this section. (B) Misdemeanor. Unless otherwise provided, violation of this chapter shall constitute a misdemeanor punishable as provided in § 10.99. (C) Petty misdemeanor. Violations of §§ 92.02, 92.07, 92.13 and 92.14 are petty misdemeanors punishable as provided in § 10.99.  CHAPTER 571 CHICKENS Section 571.01 Definitions 571.02 General Prohibition 571.03 Licenses 571.04 Operation 571.05 Inspection 571.06 Revocation 571.07 Right to a Hearing 571.08 Application of Chapter to Other Requirements 571.01 Definitions. The following terms, as used in this Chapter, shall have the meanings stated in this section: “Chicken” means all life stages of the fowl of the genus Gallus and species Gallus domesticus. “Coop” means a cage or pen for confining chickens. “Hen” means a female chicken. “Licensed Premises” means the lot for which a chicken license has been applied for or granted, as the applicable context requires. “Lot” means a contiguous parcel of land under common ownership. “Rooster” means a male chicken. “Run” means an area inside a fence where chickens are kept and allowed to walk around. 571.02 General Prohibition. No person shall keep a chicken within the corporate limits of the City except as allowed by this Chapter or Section 710.15 of the Code. This prohibition does not apply to those portions of the City zoned for agricultural purposes. 571.03 Licenses. Subd. 1 License Required. A person may keep up to six (6) hens on a lot if the person holds a current chicken license issued pursuant to this Chapter and the hens are, at all times, confined to the lot described in the license. Roosters are prohibited 1  and may not be licensed. Each person holding a current chicken license shall at all times comply with the requirements of this Chapter. Subd. 2 License Period. Chicken licenses are effective for one year commencing at the beginning of the day on July 1st of each year and expiring at the end of the day on June 30th of the following year. Each chicken license issued after July 1st shall run for a partial year from the beginning of the day the license was issued to the end of the applicable license period. Subd. 3. License Application. A person desiring to keep hens in the City must apply for an annual chicken license using forms supplied by the City Clerk. An application for an initial license may be made at any time. An application for a renewal license may be made at any time after May 1st for the upcoming license period. The application for an initial or renewal license shall include, but not be limited to, the following information and agreements: A. The address of the lot where the hens will be kept. B. A scaled drawing showing the location, size, and dimensions of the coop and run including the distance of the coop and run from other structures on the licensed premises and neighboring property lines. C. The number of hens to be kept at the licensed premises. D. An agreement by the applicant that the licensed premises may be inspected by the City at any time to ensure compliance with this Chapter. E. A statement that the applicant understands the conditions and requirements of this Chapter. Subd. 4. License Requirements. No chicken license shall be issued or renewed until the City Administrator (or his or her designee) has determined that all of the following conditions have been met: A. An application has been submitted with accurate and complete information. B. An inspection of the premises, coop and run described in the application has been performed by the City with the applicant’s permission. C. Based on the application and inspection, the requirements of this Chapter have been met in regard to the construction and location of the chicken coop and run on the licensed premises. 2  D. Based on the application and inspection, all other improvements and equipment required to meet the requirements of this Chapter have been installed on the premises. E. Public health and safety will not be endangered by granting or renewing the requested license. Subd. 5. Fees. A. An application for a chicken license or a renewal chicken license shall be accompanied by the appropriate chicken license fee set forth in Section 1100 of the Waconia City Code. If an initial chicken license is for a partial year, the fee shall be prorated based upon the number of days between the preceding July 1stst and the date of issuance as compared to the number of days between the date of issuance and the following June 30th, provided the minimum license fee shall be $25.00 and an proration shall not reduce the license fee below such amount. B. If the application is denied, the license fee, less $25.00, shall be returned to the applicant. C. If a license is surrendered by a license holder or revoked before the end of the license period, no refund shall be given. 571.04 Operation. Subd. 1. General Requirements. A. The owner of the chickens must occupy the licensed premises for which the license was issued. B. Chickens must be confined on the licensed premises at all times, under control of the licensee, in a chicken coop or chicken run, and may not be kept in any part of the principal dwelling, garage, front yard, or side yard. C. All chicken grains and feed must be stored in a rodent proof container. D. Chickens shall not be kept for breeding purposes. E. The use of chickens for cockfighting is prohibited. Subd.2 Coop and Run. A. All chickens shall be provided access to both a coop and a run. 3  B. The coop and run shall be located in the rear yard of the licensed premises: i) setback from the principal dwelling; ii) not less than thirty- five (35) feet away from the principal dwellings on the adjacent properties; and iii) not less than ten (10) feet from the property lines of the licensed premises. In all cases, the coop and run shall be located closer to the principal dwelling of the licensed premises than to any principal dwelling on any adjacent properties. Further, the coop and run shall be set back at least twenty- five (25) feet from: i) any delineated wetland edge; or ii) the top of any bank of a pond, filtration basin, or infiltration basin. No coop or run shall be located in any easement or right-of-way area. C. Chicken coops shall have a maximum footprint area of ten (10) square feet per chicken and a minimum footprint area of five (5) square feet per chicken. Chicken runs shall have a maximum footprint area of twenty (20) square feet per chicken and a minimum footprint area of ten (10) square feet per chicken. The coop shall be elevated above ground and may not exceed a height of seven (7) feet as measured from the ground. D. The coop and run shall be completely enclosed and rodent proof. Further, the coop shall provide adequate protection from the elements and shall be winterized. All fencing and electrical work associated with the chicken coop and run shall comply with all building and zoning codes and all appropriate permits and licenses shall be obtained therefore. E. When a chicken license expires or is revoked, the licensee shall remove the coop and run from the licensed premises no later than sixty (60) days after the expiration or revocation date. Removal shall not be required, however, so long as a chicken license is renewed before it expires or within sixty (60) days after it expires. Subd.3 Waste. A. The chicken coop and run shall be kept in a sanitary and odor free condition, including the regular and frequent removal, storage in a leak proof container and proper disposal of any accumulated feces or waste. B. Composting or burying feces, discarded feed or dead chickens on the licensed premises is prohibited. 571.05 Inspection. The City may inspect a licensed premises at any time to confirm compliance with the requirements of this Chapter. 4 571.06 Revocation. The City may revoke a chicken license if any requirement set forth in this Chapter is violated or if the Minnesota Department of Revenue sends the City notice requiring revocation. Nothing herein shall be interpreted as preventing the City from also prosecuting any violation of this Chapter as a criminal violation pursuant to Chapter 102 of the Waconia City Code. 571.07 Right to a Hearing. Except for a denial or revocation required by the Minnesota Department of Revenue, any applicant that has been denied the issuance of a chicken license or any person whose chicken license has been revoked may, upon written request to the City Clerk promptly made after the denial or revocation has occurred, request a hearing before the City Council to present evidence and to appeal the decision. 571.08 Application of Chapter to Other Requirements. Subd. 1 Private Restrictions and Covenants. A. Notwithstanding the issuance of a license by the City, private restrictions or covenants on the use of licensed premises shall remain enforceable. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, neighborhood association by- laws, and covenant declarations. B. A chicken license issued to a person whose licensed premises is subject to private restrictions and/or covenants that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. Subd. 2 Coordination with Other Code Provisions. C. Compliance with this Chapter shall not be a defense to a proceeding alleging that a given chicken or group of chickens constitutes a nuisance. D. Compliance with this Chapter shall not be a defense to a proceeding alleging that a given chicken or group of chickens violates applicable ordinances regarding public health. 5