HomeMy WebLinkAboutMinutes-06/19/2017COUNCIL WORK SESSION
June 19, 2017
4:25 p.m.
Harold E. Getty Council Chambers
Members present: Morrissey, Powers, Lind, Amos, and Welper. Absent: Schmitt. Mr. Jacobs
arrived at 4:56 p.m.
Moved by Morrissey seconded by Powers that the Agenda, as proposed, be approved.
Objective: Amendment to the City of Waterloo Zoning Ordinances Regarding Hobby Farms and
Farm Animals.
Aric Schroeder, City Planner, provided an overview of the proposed changes to the ordinance
including standards for animal confinement, approved zones for animals, and the ability of the
Board of Adjustments to grant variances to the ordinance. He noted that the ordinance was
unanimously recommended to council by the Planning and Zoning Commission and significant
changes proposed by council would need to go back to them for approval.
Mr. Welper explained that he has never been approached by a resident in his ward to have a
hobby farm but could see the interest in properties on the edge of town.
Mr. Lind questioned the property size required to have a hobby farm.
Aric Schroeder explained that individuals would need to have 20,000 square feet of fully fenced
dedicated yard space or they could request a variance.
Mr. Lind questioned if a half acre lot would meet the requirement.
Aric Schroeder explained that a resident would need over a half acre.
Mr. Lind questioned if the set backs are required for large animals only.
Aric Schroeder confirmed.
Mr. Amos questioned if an ordinance was in place prior to this as his wife has heard chickens
crowing in their neighborhood.
Aric Schroeder explained that they would be in violation now if they did not get a special permit.
In the future, they may not be able to have chickens unless they receive a variance or have an
appropriately sized lot.
Mr. Morrissey explained that several residents of Ward 3 have approached him about hobby
farms and questioned if smaller animals like chickens could be considered pets. He further
questioned the square footage allowed for housing a horse and requiring the same square footage
for a chicken. He questioned why peacocks were on the exclusion list for small animals and if
they could be added to the large animal list rather than excluded, and if butchering animals out in
the open could be prohibited.
Aric Schroeder explained that they will look into addressing the butchering of animals, that
Planning Commission removed peacocks from the list, and acknowledged that the lot sizes are
restrictive. He further explained the need to have restrictive lot sizes for different zoning
districts.
Mr. Powers questioned what would happen when neighbors change after a permit is issued.
Aric Schroeder explained that once the permit is issued and a neighbor changes then the new
neighbor would not have much recourse.
Mr. Morrissey commented that he would like to see section 10-27-1 U.2 b. changed to allow for
5,000 square feet, rather than the 20,000 square feet for small animals as defined, and 10-27-1
U.2 h changed to raise the number allowable to six and one additional for each 2,500 square feet,
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but no more than twelve, for small animal definition purposes; the elimination 60% of property
owners within 250 radial feet (10-27-U-8), and add including those immediately across the
street; and that butchering would need to take place in an enclosed area.
Mr. Lind commented that the CDC issued a warning about salmonella in urban flocks and
questioned how the city would handle a disease outbreak.
Aric Schroeder explained that the special permit process would help with tracking animals if an
outbreak occurs and that the Health Department would most likely need to take the lead in
helping with an issue.
Mr. Lind questioned if a permit from the DNR or Health Department.
Aric Schroeder explained that the Health Department declined helping with the ordinance and
that the DNR does not require a permit.
Mr. Lind questioned if Mr. Morrissey's questions would be run through Planning and Zoning for
their input.
Aric Schroeder explained the changes would be significant and if the majority of council feels
those changes are needed; it would need to go back to the Planning and Zoning Commission.
Objective: Sidewalk Ordinance Revision to City Code Section 7-1-6.
Dave Zellhoefer, City Attorney, explained that an Iowa Supreme Court case came out recently
regarding maintaining right of way. The case stated that ordinances must expressly state that the
abutting property owner is responsible for failure to maintain the right of way.
Mr. Morrissey questioned the responsibility of a property owner to maintain their sidewalk when
their zone is not up for repair.
Dave Zellhoefer explained that the sidewalk needs to be maintained regardless of whether the
zone is up for repair.
Mr. Morrissey questioned if other municipalities charge the abutting property owners for repairs.
Dave Zellhoefer explained he has not done the research but assumes they do, as the expense
would otherwise be quite large.
Mr. Lind questioned if people can ride their bike on sidewalks.
Dave Zellhoefer explained that bikes are allowed in residential areas, but not on downtown
sidewalks.
With no further business before the Council, it was moved by Amos seconded by Lind that the
meeting be adjourned at 5:05 p.m. Ayes: Six. Motion carried.
Kelley Fele j e, CMC
City Clerk