05-14-2019 CCM Workshop (Discussion of Chicken Ordinance)HUTCHINSON CITY COUNCIL
SPECIAL WORKSHOP
MEETING MINUTES
TUESDAY, MAY 14, 2019, AT 4:00 PM
CITY CENTER — COUNCIL CHAMBERS
Call to Order
Mayor Forcier called the meeting to order. Members present were Mary Christensen, Steve Cook,
Chad Czmowski and Dave Sebesta. Others present were Matt Jaunich, City Administrator; Marc
Sebora, City Attorney; Dan Jochum, Planning Director and Tom Gifferson, Police Chief.
DISCUSSION/REVIEW ITEMS
1. Review of Proposed Chicken Ordinance
Matt Jaunich, City Administrator, explained that staff has put together a draft ordinance for the
Council to discuss pertaining to regulating chickens within city limits. The draft ordinance
includes material from other cities as well as comments received from the Council and the public.
The jurisdiction for enforcement would fall under animal control within the police department.
The zoning ordinance would need to be revised to allow for coops as well as revisions to the
nuisance ordinance. Mr. Jaunich noted that fees are not included within the proposed ordinance
as all fees are part of the City fee schedule that is adopted annually. No educational requirements
are included in the draft ordinance as were previously suggested.
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora reviewed the proposed
ordinance section by section. Mr. Sebora explained that as part of the ordinance, a license would
be required for someone to keep/harbor chickens. The licensing section includes a license fee
established by the fee schedule; granted for owner -occupied properties in R-1 or R-2 residential
zones only; maximum of four chickens allowed per parcel (no roosters or crowing birds);
permission of city personnel on the licensed premises to ensure compliance; licenses issued by
Hutchinson Police Services; and license applications will be required to have a detailed plan and
diagram. General requirements included in the ordinance are: Chickens kept in sanitary
conditions with no odors detectable outside the confines of the property lines of the licensed
premises; timely removal of feces, urine and food scraps; chickens not audible outside the
confines of the licensed premises; dead chickens disposed of within 24 hours; waste from chicken
coops or runs cannot be placed in city compost containers or disposed of at the City's compost
facility; chickens cannot be slaughtered on the premises or anywhere else in the city other than a
retail establishment with a butcher; chickens kept in manner complying with Minnesota statute
chapter 343; chickens shall be confined inside an enclosed coop or run at all times and not
allowed to run at large. Structure requirements included in the ordinance were: chickens kept in
a coop that will sufficiently protect chickens from the elements and predators and to discourage
rodents; minimum of four square feet of space with a maximum of ten square feet for each
chicken; one coop is permitted for each property with an enclosed run at least 10 square feet for
each bird incorporated into the coop area and coops/runs must comply with all City planning and
zoning regulations.
Council Member Christensen suggested adding language noting that movable coops are not
allowed.
Also included in the ordinance was language pertaining to the location of coops which are
proposed to be prohibited from the front yard of any hope and not closer than 10 feet from any
property line; no closer than 50 feet to any neighboring residence; and not part of or attached to
homes, garages or sheds.
The ordinance included language pertaining to revocation, hearing and criminal penalties for
violating the ordinance.
The miscellaneous section of the ordinance speaks about properties with coops being unused for
180 days shall be removed by the property owner immediately upon the request of the city; dogs
and cats that kill or injure chickens that are off the licensed property shall not be deemed as
dangerous or potentially dangerous under City Code or state law and no license under the
ordinance will be issued to properties where nuisance conditions exist.
Mayor Forcier spoke about the proposed language requiring that all abutting property owners
must sign off on a property owner's application.
Mr. Jaunich noted that staff would like the Council's feedback on the percentage of abutting
property owner's signatures required as well as the number of chickens being allowed.
Mayor Forcier commented that he would still like to see some sort of educational requirement be
part of the ordinance. Council Member Czmowski suggested that an informational brochure be
handed out at the time of the application/license issuance.
Council Member Cook expressed that he wonders if chickens are allowed, what type of farm
animal will be requested next to have in the city — goats, ducks, pot-bellied pigs, etc. Cook also
spoke about what do when people no longer want to raise the chickens they are harboring and
how to get rid of them.
Discussion was also held regarding what to do if chickens are found loose and then what to do
with them or how to find the owners.
Council Member Cook also made other miscellaneous suggestions such as not allowing for an
owner to compost the waste on their own property as well; property owner being required to live
on the premises where the chickens are located; only one coop permitted; no breeding; no cock
fighting; 25 feet away from water body; back yards only; and consideration of other covenants or
private restrictions.
Council Member Christensen stated that several people have approached her and have voiced
their opposition to allowing chickens within city limits.
Michael Massmann, audience member, noted that he has circulated a petition that contains a
couple hundred signatures of people that have interest in allowing chickens within the city.
The Council Members noted that the majority of the feedback they have received from
constituents is that they are not in favor of chickens within city limits.
The Council did suggest that staff reach out to other cities that allow chickens in their
communities for feedback on issues/concerns or lack thereof.
Council Member Cook suggested only issuing a certain amount of permits per year, perhaps 10
per year.
Discussion was held regarding how to gain feedback from constituents on their desire for
chickens in the city — survey, social media, reach out to Council, etc.
Motion by Christensen, second by Forcier, to adjourn at 5:15 p.m. Motion carried unanimously.
ATTEST:
Gary T. Forcier
Mayor
Matthew Jaunich
City Administrator