[0:03] Mayor Mary Fasbender: Welcome, and we have another freeing; our plexiglass is down so we won't be having any squabbling of what we're saying and who's saying it and who to call on. So, welcome everyone. I will let the roll reflect that all the council members are present and a quorum has been established. Council members, are there any corrections to the minutes or the meeting from the workshop on July 6th? Seeing none, they are approved. Tonight, we have comments from the audience, and for the public comments, we have options for comments to be mailed, and they have been received by our council. For live comments, you may step up to the podium, state your name and your address, and speak to the council on something that is on the agenda. For those at home, we have the zoom feature as well and they are invited to speak one at a time. I also want to remind everyone that the public comment period is not intended for an extended dialogue. So is there anyone who would like to wish to speak to the council at this time from zoom? [1:20] John Hinzman: The public hearings later? [1:22] Mayor Mary Fasbender: Sure. And we also—I will also note that we do have the public hearings for the ordinance and for the rescinding on the executive order. So is there anyone in the audience that would like to speak at this point about something other than the two public hearings that are moving forward? Coming forward? Anyone on zoom? Then council items to be considered: I would like to add a resolution, declaration of limitation on watering sprinkling and other exterior water usage to the agenda for later. Are there any other council items to be considered? Okay. Council, I would approve a motion to accept the consent agenda. [2:23] Councilmember Tim Lawrence: Motion to approve. [2:25] Councilmember Angie Haus: Second. [2:27] Councilmember Mya Beck: I'd like to pull number five for some clarification. [2:34] Mayor Mary Fasbender: Sure, we'll move number five—which is a resolution to authorize the submittal of a Dakota County CDA RIG grant for the Seaward apartment complex—and we will move that under administration. With number five being removed, council, could I get a motion to accept the consent agenda? We got the—I'm sorry, we have the motion. Any other discussion? All those in favor? Aye. Opposed? That motion carries. Tonight we have a public hearing for the city code amendment for chickens. For this item, we will have an introduction by Community Development Director John Hinzman, followed by a public hearing and potential action by the city council. Welcome, John. [3:25] John Hinzman: Council, your action before you tonight is to hold a public hearing and to consider action on an ordinance amendment allowing an expansion of the keeping of chickens in residential areas. Now, I know the council is pretty informed of the history of this. I won't get into too much detail related to it, other than we first allowed chickens at the LeDuc Mansion in 2009. We had some discussion at that time period on the extension into residential areas; ultimately, that was denied by the city council at that time. In 2019, we had a petition come forward from various residents to reconsider chickens. We had some hearings on it, took action at the Planning Commission, action at the City Council; it did not get the majority to pass at that time. That ordinance amendment ceased to move forward. After that, there were some discussions within our Planning Committee of City Council looking at chickens again. We had the City Council look at the Planning Committee's recommendation in the last month or two. They asked the City Council to start a new ordinance amendment and to consider chickens in residential areas. Planning Commission did do so; they did have a public hearing a couple of meetings ago and did recommend in a 7-0 vote to recommend the changes that we see before you tonight. During the public hearing, we did have, I think, nine people speak to the Planning Commission addressing that item, all of them in favor of the keeping of chickens. One of the things that we have done with our public comment email is we've taken in a lot of comments related to chickens itself. I have submitted the comments that have come in to the council members. I think there's 17 of those altogether. To generalize the comments, we had about 10 people in support, five people that did not support, and two people that gave mixed comments. We're looking tonight at a change within the city code to allow the keeping of chickens within residential areas. When we talk about chickens, we are talking about hens only. We're not looking at keeping roosters. Roosters would be prohibited within the city code because roosters make noise; hens don't crow the way that roosters do. Properties under one acre may have up to four hens. If you have a property over one acre, there is an additional provision. They are allowed in most zoning districts (R1, 2, or 3). On the ordinance amendment before you tonight, you must provide minimum outdoor spaces and building spaces. They must be kept sanitary and free of obnoxious odors. This would be a license issued by the City Clerk. The license goes with the property owner, and the owner must live on site. The license would be a five-year permit with a $75 fee. It is issued administratively but could be revoked by the City Council if a violation occurs. Also along with this is an amendment to our portable accessory structure requirements, allowing some smaller structures administratively. [8:18] Mayor Mary Fasbender: Thank you, John. At this time, I'll open the public hearing. Anyone that would like to speak to the ordinance at this time, please step forward and state your name and your address. We'll do the public from the council chambers first and then we'll go to Zoom after that. [9:21] Corey First: My name's Corey First, I live at 3161 Riverwood Drive. People on our Facebook group for the chickens are having issues via Zoom hearing the audio. Otherwise, I'm here to ask that the City Council votes in favor of passing the amendment. I ask that you base your votes on factual data collected by city staff from resources such as the Minnesota Department of Health, University of Minnesota, and the CDC. The allowance of chickens will not pose a risk to our community nor cause a rift between our neighbors. I've met a gentleman who I've shared numerous heated debates with, and instead, I found somebody who I can consider a friend. He's even tolerated me putting up a giant bright red chicken in his front yard. On behalf of the 250 Hastings residents who signed our petition, I ask that you vote yes. Thank you. [11:40] Glenda: Madam Mayor, members of the City Council, thank you for your service. My name is Glenda, I live at 1136 15th Street. I moved here 54 years ago. The threat of reversing the current ordinance which prevents the raising of chickens gives me great concern. It's an affront to helping Hastings trend forward. Reversing the ordinance turns its back on the guide that protects homeowners from situations that can cause discord. The value of neighborhood harmony is priceless. Bringing in agricultural activity does not make the cut in my opinion. I ask you to vote no. Stay the course of not raising chickens on parcels of personal property in our city of Hastings. Thank you. [17:29] Brian Winkler: Hi, my name is Brian Winkler, I live on 3151 Riverwood Drive. I'm in support of the chicken ordinance. I think it's a way of the times. Almost everywhere else has them. Thank you. [18:11] John Schute: My name is John Schute. I have been a resident of Hastings since 1961. I’m a retired educator. One of the things I'm concerned about is this issue being jammed down the throats of the voters. I think the electorate of the city should be surveyed. I can’t see having chickens in this day and age. I strongly encourage some type of survey going out. I know when I lived on 14th Street, there was 15 feet between houses. If everyone had chickens, you could smell them. I think the voters should have something to say about this. Thank you for your time. [23:41] John Hinzman: As far as the regulations, you need to have at least four square feet of building space per hen and eight square feet of outdoor area per hen. Regarding heating, any device for heating must be properly rated and secured so as not to cause a fire hazard. Extension cords would not be allowed for permanent use. If the building is under 75 square feet, it wouldn't require a building permit, but we would have an initial inspection to ensure it meets requirements. [26:16] Heidi Langenfeld: Heidi Langenfeld, 502 West 2nd Street. I was here in 2009 when I was site manager at the LeDuc House. Our experience there was that our neighbors were very excited about our chickens. Visitors never complained that it smelled bad. People who care enough to go through the permit process are going to be responsible citizens. Imagine a child seeing their pet chicken laying an egg and then they get to eat the egg—that's really neat. I am very pro-chicken. [30:03] Lani Johnson Crump: My name is Lani Johnson Crump, I live at 802 10th Street West. I’m speaking as a private citizen and as the president of the Hastings Environmental Protectors. I see the magic every day as a preschool teacher in connecting children to nature. I have many friends who live in the Twin Cities who happily keep chickens with no problems. I am in support of amending the ordinance. [32:23] Holly Johnson: My name is Holly Johnson and I live at 1177 Teal Way. I am in support of the chickens. I grew up in Iowa. We had chickens that lived in a dog house. Chickens are hardy animals. I would like to take this on with our children. [33:47] Resident (Male): Thank you Madam Mayor, members of the council. I just moved here last month at 414 2nd Street West. I’ve always had chickens. We allow our kids to have dogs, and chickens are another responsibility to teach them about agriculture. I think this should be taken to a referendum to allow the people to have a say, but I am in support. [35:56] Elijah: My name is Elijah, I'm from 404 2nd Street West. I grew up in southern Texas with chickens. Hens are non-assuming animals; your neighbors won't even know you have them until they see them. I'm a big supporter. [36:39] Brian Winkler: Brian Winkler again, 3151 Riverwood Drive. A friend of mine in West Saint Paul has chickens and I have not heard any negative problems. I think it's going to be really positive. [37:27] Sasha Sebastian Griner: Hi, my name is Sasha Sebastian Griner and I live at 517 Ramsey Street. My house is in the historic district. I feel like chickens would fit very well, especially in the historic part of town. I think people who build the coop and get the permit would take care of them. I'm in favor. [38:14] John Hinzman: To answer a previous question, no, there would not be a limit on the number of permits issued by the city. [39:12] Marty Weber: My name is Marty Weber, I live at 1355 Eagle Bluff Circle. I’m not going to buy chickens myself, but I think it's about the freedom to have them. It's in line with having a vegetable garden. It's about freedom. [40:42] Councilmember Lisa Leifeld: I just wanted to make a clarification. In what we're talking about here, it is hens—no roosters—which means no baby chickens will be born. [41:28] Lani Johnson Crump: Thank you for clarifying, but people can purchase eggs that have already been fertilized elsewhere and hatch them in an incubator. But there will not be roosters kept. [42:23] Amanda Strasberg: (Zoom) Hi, I live at 3395 Malcolm Avenue. I want to support chickens. I think the ordinance is well-written and will allow for responsible ownership. It won't cause neighborhood discord any more than dogs or cats. [45:20] Ben Hellcooper: (Zoom) 375 Tiffany Drive. I'm here to speak in favor. My parents have chickens; the eggs are delicious. But the main reason I support this is for pest control. Japanese beetles have been swarming my backyard, and chickens are great natural pest control for those and potato beetles. [50:03] Heather Mines: (Zoom) My name is Heather Mines, I live on Ramsey Street. I am for chickens for composting reasons. They eat scraps, weeds, and bugs. They smell a lot less than a dog does. [51:34] Troy Weathers: (Zoom) 1820 Tierney Drive. I applaud the path the council has taken. We can't be afraid of change. When I co-founded the trap shooting team 10 years ago, there was backlash, and now it's a popular sport. This is about education. I look forward to your affirmative vote. [55:04] Ashley O'Brien: (Zoom) 720 10th Street West. I am for chickens. I have two vegetable gardens and would love the compost from chickens. [56:42] Leona Schute: My name is Leona Schute. If someone brings in fertilized eggs and they hatch, and now you have more than four chickens, what do you do with the extra chicks? [58:17] Councilmember Lisa Leifeld: The ordinance is for four chickens. If you hatch more, you have to get rid of them—take them to a farm or a neighbor who has fewer than four. [1:01:29] Councilmember DawnMarie Vihrachoff: John, to get the permit, do they have to own the property? [1:01:35] John Hinzman: I believe the permittee must reside on the property. [1:02:40] City Attorney: The owner of the chickens must reside at the property. If a renter has an arrangement with the property owner, they can apply, provided they comply with the ordinance. [1:03:00] Councilmember DawnMarie Vihrachoff: One last question for John. What zoning is currently allowed for chickens? [1:03:46] John Hinzman: Currently, it’s only the Public Institution (PI) district, which includes the LeDuc Mansion and some schools and churches. [1:04:32] Councilmember Tim Lawrence: If an egg hatches and you have a rooster, what do you do? And why is there no neighbor notification in the ordinance? [1:05:18] John Hinzman: Most other cities do not have a notification requirement. Chicken complaints in comparable cities are usually in the single digits. We didn't feel it warranted a public notification requirement for this specific license. [1:07:47] City Attorney: Regarding roosters, usually you can tell after three or four months. Owners would have to find a farm outside city limits to take the rooster. [1:08:35] Councilmember Angie Haus: Is there a reason for a five-year term for the license? Why not one or two years to ensure they are being good neighbors? [1:10:53] John Hinzman: Five years provides the initial inspection and the ability to address complaints as they arise. Most violations are neighbor-driven, and we would investigate those immediately. [1:11:39] Councilmember DawnMarie Vihrachoff: I still think this is too vague. Not all residents get a say until they see the chickens. We only have one code enforcement officer. I’m concerned about the workload and the lack of neighborhood choice. [1:16:15] Councilmember Tim Lawrence: I’ve been on the council since 2015 and this is the third time we've discussed this. Public interest has shifted. I see this as a property use issue. I’m willing to change my mind because I want to think about the future and the families choosing to live here. [1:21:40] Councilmember DawnMarie Vihrachoff: Is it possible to put this to a referendum? [1:22:26] City Clerk: The council would have to approve the exact wording and put it on the ballot. We may have missed the deadline for this year. [1:22:56] Councilmember Angie Haus: I think we need to look at the specifics of the language. Maybe we need a notice period so neighbors aren't surprised. [1:26:46] Councilmember Lisa Leifeld: I don't feel we're taking away anyone's rights. This is a grassroots movement. We have code enforcement for things like long grass; we can use it for chickens too. I’m in favor. [1:31:24] Councilmember Mya Beck: I agree. Adding this ordinance gives people the right to choose. I’m a yes vote. [1:36:47] Mayor Mary Fasbender: I will be in support. We want to allow residents to have freedom on their properties. [1:38:18] Councilmember Lisa Leifeld: I would like to make a motion to adopt the amendment as written. [1:38:35] Councilmember Tim Lawrence: Second. [1:40:34] Mayor Mary Fasbender: All those in favor? [Chorus of Ayes]. Opposed? [Councilmembers Vihrachoff and Haus oppose]. The motion prevails. [1:41:52] Dan Wietecha: We have a public hearing to rescind the emergency ordinance regarding the waiver of utility late fees. It is currently moot, but this is a housekeeping matter to officially rescind it. [1:43:37] Councilmember DawnMarie Vihrachoff: Motion to adopt the ordinance rescinding the emergency order. [1:44:00] Councilmember Mya Beck: Second. [Motion carries]. [1:44:23] Nick Egger: In light of the drought, we have a declaration to enhance restrictions on non-essential water use. We want to implement a time-of-day restriction: no irrigating between 11 am and 6 pm. This is about the sustainability of the aquifer and protecting our equipment. [1:49:45] City Attorney: We need to set a fine. A typical fine would be $50, but with the $80 court surcharge, the total would be $130 for repeat offenders. [1:52:02] Councilmember DawnMarie Vihrachoff: Nick, have we thought about just plain education? I don't want to start putting fees on people. [1:52:47] Nick Egger: We tried just education in June, and the usage has rebounded. This gives us the meat to actually enforce it for repeat violators. [1:54:20] Councilmember Mya Beck: I am supportive. People need to know there are consequences for breaking the rules during a drought. I’ll make a motion to approve the resolution with a $50 fine. [1:56:38] Councilmember Tim Lawrence: Second. [Motion carries]. [1:57:23] John Hinzman: Brief recap of the 2020 Community Development Annual Report. We saw a lot of new residential development and were proactive with economic development grants during COVID. [2:01:14] Councilmember Angie Haus: Nice report, very well put together. [2:01:45] Mayor Mary Fasbender: Moving to the Seaward Apartments grant submittal. [2:02:00] Councilmember DawnMarie Vihrachoff: I want to clarify: this developer got the land for a dollar. Now they want us to apply for a grant for them? I have a tough time with this. It’s public dollars with no rent control. [2:04:18] Councilmember Mya Beck: The city isn't on the hook for the money; we are just the applicant for the county funds. I’m supportive of the housing. I'll make a motion to approve. [2:06:37] Councilmember Tim Lawrence: Second. [Motion carries with Vihrachoff opposing]. [2:11:17] Mayor Mary Fasbender: Announcements: Storytime in the park, music in the park, and a big thank you to everyone for Rivertown Days. Next meeting is July 21st. I would accept a motion to adjourn. [2:13:36] Councilmember Mya Beck: Motion to adjourn. [2:13:40] Councilmember Tim Lawrence: Second. [Meeting adjourned].