Planning Commission June 28 2021

Regular Meeting-

Based on the context provided and the dialogue within the transcript, here is the formatted version with speaker names identified. **Note on the Chair:** While the provided list identifies Melanie Peters as the Chair of the Planning Commission, the transcript explicitly addresses the leader as **Gino Messina** (who is listed as a member of the Public Safety Advisory Commission). I have used the name stated in the audio record. *** [0:00] **Gino Messina (Chair):** ...or comments or corrections. [0:08] **Commissioner Romans:** Okay commission, Mr. Chair, I'll make a motion to approve the minutes as spread. [0:13] **Gino Messina (Chair):** Okay, motion Commissioner Romans. I have a second? [0:15] **Commissioner Tykan:** I'll second it. [0:17] **Gino Messina (Chair):** All right, second from Commissioner Tykan. Any further discussion? If not, John, take a roll call. [0:21] **John Hinzman:** Okay, we'll do: Commissioner Romans? **Commissioner Romans:** Aye. **John Hinzman:** Commissioner Tykan? **Commissioner Tykan:** Aye. **John Hinzman:** Commissioner Peters? **Commissioner Peters:** Aye. **John Hinzman:** Commissioner Best? (No response). Commissioner Hallberg? **Commissioner Hallberg:** Aye. **John Hinzman:** And Chair Messina? **Gino Messina (Chair):** Aye. Excuse me. [0:46] **John Hinzman:** And Mr. Chair, I will note that it looks like Commissioner Matsky might be trying to rejoin the meeting at this point. You do have a quorum, so I'll leave it in your hands as to what you want to do at this point. [0:54] **Gino Messina (Chair):** Okay, yeah, we'll go ahead and leave it at the quorum and then we'll move on to the next, which is the public hearing: City of Hastings ordinance amendment, keeping of chickens. Staff report by Justin Forney. [1:18] **Justin Forney:** All right, thank you, Chair Messina. Thanks. Um, back in 2009 and then again in 2019, there were ordinance amendments proposed which would have allowed the keeping of chickens in residential areas in Hastings. In 2009, it was approved for only the public institutional districts. The request at that time began for chickens at the LeDuc as part of the LeDuc Estate and one of their attractions to the living history at the time. And then in 2019, um, it was defeated, but the Council Planning Committee reviewed the—was sent the proposal to review after that defeat and they made some recommendations, including restarting the process to amend the ordinance at the Planning Commission. And they had a couple of changes they wanted to see in the ordinance at that time. It wasn't removed from the table at the time. After a couple of attempts that ceased, the City Council took it off the table on June 7th this year and sent it to the Commission to restart the ordinance review process. The proposal that's in front of you tonight generally allows the backyard keeping of chickens in our typical residential areas. That would include R1, R1-L, R2, and R3. Those are the typical neighborhood zoning districts where you have predominantly single-family homes. It would allow up to four chickens for any property, and for large properties, it would allow additional chickens at one per quarter acre, which would not generally include many homes. It's mostly to keep allowing the same number of chickens at the LeDuc property; currently, they can have up to 17 based on one chicken per quarter acre. So that may affect a very small handful of very large-lot residential properties, but generally, it's going to just be probably a LeDuc. It wouldn't allow keeping of roosters. It would require a five-year license that would be reviewed administratively by staff with a $75 fee, which is consistent with other applications for similar types of items reviewed by the Planning Department, including fences and sheds and detached garages. Renewal of the license would be required after five years as long as there's not any violations in the recent one-year history of that applicant. It would have certain requirements for shelter and enclosure space for the chickens. Requirements are that it would allow only—require those improvements to be in the rear yard and not in the front yards or the side yards. [Footnote] Step back from the perimeter of the site consistent with the existing setback for accessory structures. Certain conditions for maintenance requirements: the site to be nuisance-clean, not have any smells. There's revocation procedures and penalties for violations. There's some other ancillary proposed changes to the code, which include some changing around of numbering in the animal ordinance, retitling of some sections, the ordinance update, and some changes to the accessory structure to align with the state building code along with city building code, and to clarify what kind and when a permit is required for accessory structures. The last two decades, many cities have modified their ordinance to allow chickens in non-agricultural districts. This is for a variety of reasons, including recent immigration and diverse cultures, increased focus on organic food, concerns about the treatment of production chickens, or just as pets. They have found the number of cities that allow residential chickens quadrupled from the first time we looked at this in 2009-2019 and it continues to rise. Some that previously allowed chickens when we first were looking at this in 2009 have gone back and amended their original ordinance to reduce some of the restrictions, especially as it relates to notification and timeline of licenses. In 2009, staff identified 45 major cities around the country that allowed urban chickens, and in 2019 there were over 200 cities that allowed them. There's also a very large number in Minnesota that allow them, including most of the large cities in Dakota County. Staff had spoken to several cities that have allowed backyard chickens for a while and look to see what kind of complaints they have and issues they've had, and when we had spoken to them, they hadn't received any complaints as to their ordinances. None of them reported any issues with their ordinances. Some of them that had yearly renewals had wished that they had not done so. They said that if there's any issues, there's a reason to have those keep coming back up year after year for renewal. I'm looking at risk to the community, looking at the information that the CDC has provided, along with speaking to staff at Dakota County Public Health. They have not identified any community health risks for backyard chickens in the numbers that are proposed. They said as with any pet, there's certainly a body of bacterial infections to people that are handling those pets and that handling should be carried out which includes, of course, waste cleanup and washing of hands. Then our staff reported that backyard chickens would not increase the number of predators in the neighborhood. They said that opportunistic predators who already exist in a location may hear or see the prey and would go to that prey in that area, but there is ample prey no matter where a predator lives and they're just going to take advantage of whatever's in their area, and those issues can be addressed with secured coop and fencing. Staff did have published notice of this ordinance and also it's been on the forefront of local social media and newspaper, and the staff has received quite a few comments on the ordinance which were included in the staff report and have also since been forwarded to the commissioners. The staff report went out with that. I can stand for any questions now or after we hold the public hearing. Certainly, we can ask at that time also. [9:54] **Gino Messina (Chair):** Okay, thanks Justin. Yeah, we'll go ahead and open it up to the public hearing. We have 14 attendees. A couple of things: this is more of a comment period more than it's going to be a dialogue. So if you do want to make any comments, make sure that you give us your full name and your address prior to making the comment. Your comment will go on the official record. So we want to make sure that the comments are clear and as concise as possible and related directly to the amendment or the ordinance as we're taking on tonight. So we want to make sure that we have those—we have that locked down a little bit. The other thing too is, if you want to make a comment, please raise your hand and then also understand that if we bring you in—or when we bring you in—you will be muted automatically, so you have to make sure that you know how to unmute your software or your phone or whatever you happen to be calling in on. So we'll go ahead and open up the public hearing now. We have 14 attendees and then one hand up. Troy, who has his hand up. John, can we bring him? Troy, again, name and address prior to making your statement if you would. All right, Troy, you're in. Let's go ahead and unmute yourself. [11:06] **Troy Weathers:** Okay, can you hear me? [11:09] **Gino Messina (Chair):** We got you. Thanks, Troy. [11:11] **Troy Weathers:** You bet. Good afternoon, everyone. My name is Troy Weathers and first, I'd like to thank the City of Hastings City Council and the Hastings Planning Commission for dedicating their time, energy, and research into the matter of amending our city ordinance to allow for the keeping of hen chickens in our backyards—an amendment I fully support. I moved my family to our beautiful city in the year 2000. We live at 1820 Tierney Drive and I have worked in Hastings for over 25 years in the banking sector. I have watched our city grow in so many wonderful ways. For many years I volunteered my time and talents with the Hastings Chamber of Commerce, the Tourism Bureau, Carpenter Nature Center, SEAS School, Hastings Public Schools, and in 2013 I was honored by the City of Hastings Area Chamber of Commerce as Volunteer of the Year. Why do I tell you all this? Because I provide this information to you to demonstrate my sincere interest in our community and the selfless promotion of our continued community growth. I did send a letter, by the way, on June 7th to the City of Hastings for this meeting; it did not get published. I'll summarize it for you very briefly. This proposal brings a new level of community engagement in my opinion. I have witnessed true passion, ignorance, support, and compassion regarding this topic. Could I ask that we just view this proposed ordinance change as an opportunity for community engagement—a chance for people to form youth and adult clubs and discussion groups to share ideas and best practices. Allowing chickens within the city limits will create greater commerce as we support our local businesses with purchases like feed, supplies, veterinary services, our local farmers market, and other services such as that. It will bring neighbors closer together as they share their healthy eggs, pictures, stories, successes, and challenges. In my opinion, this proposal is much more than allowing chickens within city limits; it is about improving education, relationships, and a sense of well-balanced community. I support the changing of the city ordinance to allow up to four chickens—hens—within the city limits. A vote against this proposal is a vote for ignorance and self-serving interests. Vote yes and we will agree with all of us. Thank you very much for your time. [13:38] **Gino Messina (Chair):** Thank you, Troy. Appreciate it. Thanks for coming tonight. [13:42] **Troy Weathers:** You bet. Thank you. [13:46] **Gino Messina (Chair):** All right. Blaine Johnson Crump is next. All right, Blaine, we have you in the meeting if you can—there we go. [14:10] **Blaine Johnson Crump:** Hello? [14:11] **Gino Messina (Chair):** Hi, we can hear you. Go ahead. [14:13] **Blaine Johnson Crump:** All right. My name is Blaine Johnson Crump. My address is 802 10th Street West. Um, and I am also the President of the Hastings Environmental Protectors. Myself personally and the Hastings Environmental Protectors both support changing the amendment to allow for the keeping of backyard chickens to promote local, healthy food sources for families. And it also aligns with the Hastings GreenStep Cities program—it's one of the advanced steps that Hastings is working towards. So I am in support. [14:48] **Gino Messina (Chair):** Okay, thank you Blaine. We appreciate it. All right, next on the list will be Corey Colvin. Corey, you are ready to go. [15:10] **Corey Colvin:** Hi, my name is Corey Colvin. I live at 3161 Riverwood Drive. I'm here to speak in favor of passing the amendment to our current ordinance regarding the keeping of chickens on residential lots. You all have seen my numerous emails, so I'll try to keep this brief. Those I have spoken with in our community vary between feeling very strongly for this change, neutral about it, or strongly opposed. There are groups that want chickens for themselves, those that don't mind if their neighbors have them, or those that think chickens shouldn't be allowed. Each group has been able to provide their opinions; however, the only group that has been able to provide solid evidence, facts, and statistics is the group that supports this change. They have been able to provide the city and its officials with valuable information that can prove the allowance of chickens should pose little to no risk for our community. However, the individuals that continue to oppose this ordinance change base their opinion on fear, misconceptions, or their overall dislike of these personal creatures. This is something I want the Planning Commission to thoroughly consider while making your decision. I ask that you please base your decisions on the facts provided and not base your decisions on the fears of these certain individuals. The Hastings city staff has obviously done a wonderful job in their research. According to the document provided by the Planning Commission packet online, staff has been able to verify that since 2009, the number of cities that allow chickens has quadrupled and that these cities do not experience any issues with the allowance of chickens. These cities do not have an overwhelming number of permit holders and the numbers are within reason. Staff has found that there's no substantial health risk to the community and that illness is preventable by proper handwashing. Any risk of predation can be prevented with the secured coop and fence. With the information obtained by staff, provided by residents, and offered from experts at the University of Minnesota, you should all be able to realize that this ordinance amendment will not be an issue. The allowance of this ordinance is more than just being about fresh eggs. People are interested in obtaining locally produced organic foods that come from happy and healthy hens. They can be one less person that does not contribute to the cruelty induced on production chickens. The ability to reduce their carbon footprint on the land, enjoy the experience of raising their chickens, educating their children or interested neighbors are all just a few examples of why this ordinance should pass. Thank you and I look forward to a positive decision. [17:23] **Gino Messina (Chair):** Thanks, Corey. Appreciate it. Thanks for coming tonight. [17:26] **Corey Colvin:** Thank you very much. [17:28] **Gino Messina (Chair):** All right. Hey, John, is there a way to drop them off the screen yet leave them in the meeting? I think—sorry, I think Justin might be helping me out with that. Thank you. All right, perfect. Thank you. All right, next is—well, I have an email address so I'm going to apologize ahead of time—it's amanda@yourservicespotservicescpa.com. Amanda? [18:08] **Amanda Strasborger:** Okay, can you hear me? [18:09] **Gino Messina (Chair):** Go ahead. Amanda, is that your name? [18:13] **Amanda Strasborger:** Yes, thank you. Good evening. My name is Amanda Strasborger. I'm a Hastings resident. I live at 3395 Malcolm Avenue. Um, and I'm just here to voice my support for the keeping of hens in Hastings. I think that the city ordinance has been well-written and well-presented to avoid any concerns um that there may be from the—from neighbors or the community. Um, it allows residents to exercise property rights without any negative impacts. Um, again, the ordinance is well-written to avoid any concerns with roosters or anything else. I think you guys covered everything, and that's it. [18:59] **Gino Messina (Chair):** Thanks, Amanda. I appreciate it. Thank you for joining us tonight. Okay, let's see, who do we have next here? Get my list... next is Sarah. I'll just say Sarah W. If you can just bring her in. Okay, Sarah, and then unmute. All right, nope, still got you on mute... Okay, there you go. Sarah, we can hear you. [19:44] **Sarah Wickenstein:** Hi there. Sorry, I am in a much prettier [location]. So, um, yes, so I'm Sarah Wickenstein. I'm at 215 9th Street West in Hastings. Um, I just wanted to join today to show my support for my neighbors that do want to have backyard hens. I have read through the amendment and I won't get into the statistics that have already been shared via letters and emails and everything, but I am a former HPC [Heritage Preservation Commission] member, um, and I just wanted—I did also send a letter in, but I just wanted to again explain my support. Um, you know, I look at other river towns that we, you know, try to be like, I guess you could say, or appeal to... members of those communities, people moving into those communities. And you look at areas like Stillwater and Hudson and places like this and they—they do allow chickens. And I mean, this is something that's been around since ages ago—1930s, 1940s. My dad remembers raising chickens in his backyard in New York City and New Jersey, and this isn't something new. This is something that was basically forgotten about essentially and was taken away from citizens as a result of commercializing the product of—the byproduct of chickens. So, um, again, I'm just here to voice support for my neighbors that do want it. I don't necessarily want to get them myself, but um, I do think that there are a lot of benefits that have been um displayed here. Um, I've had a little bit of free time on my hands lately and I've been able to research some of this, so it's something I would definitely support. [21:12] **Gino Messina (Chair):** Okay, thanks Sarah. Thanks for coming and I appreciate it. [21:16] **Sarah Wickenstein:** Hey, yeah, thank you. Thank you. [21:18] **Gino Messina (Chair):** Okay, next on the list is Ashley O'Brien. All right, and you are good to go. [21:55] **Ashley O'Brien:** Hi, I'm Ashley O'Brien. I live at 720 10th Street West and I'm just calling in to say I support chickens. Everything looks great with the ordinance. I think it'll be a good thing for us. [22:10] **Gino Messina (Chair):** Thanks, Ashley. Appreciate it. Thank you. [22:13] **Ashley O'Brien:** Thank you very much. [22:22] **Gino Messina (Chair):** All right, my screen is running out of room again, so I apologize here. Um, let's see here. We have Brian and Rita Winkler next. All right, and there you go. We can hear you. Go ahead. [22:42] **Rita Winkler:** Yes, um, thank you. My name is Rita and I live here in Hastings at 3151 Riverwood Drive. And I just want to say I am in favor of having backyard chickens. My reasons are to have a supply of fresh and healthy eggs for my family and for friends and, as a gardener, to have access to the great fertilizer. [23:13] **Gino Messina (Chair):** Okay. All right, thank you very much. [23:16] **Rita Winkler:** Thank you. Thank you. [23:25] **Gino Messina (Chair):** All right, next we have Ben. There he is, and just unmute. And if you can hear me, we can see your profile; we just need to unmute. Yeah, you're still muted... There he is. You're in. Thanks. Right now we got you, go ahead. [24:12] **Ben Howard-Kipper:** Sorry about that, couldn't find the [unmute] button; it just popped up on the screen. So, uh, thank you Chair, thank you Commissioners. I'm here to speak on behalf of or in favor of changing the ordinance allowing hens in Hastings. Uh, my reason is—I think unique, I haven't heard it yet but I just joined a little bit late—but in—in our yard, we've tried to plant some productive plants, i.e., grapes, blueberries, currants. Uh, we tried hops for a little bit. We have some uh Honeycrisp apple trees which I'm looking forward to enjoying here in a few years when they mature. Unfortunately, like some of my neighbors, our yard has been absolutely plagued by Japanese beetles. I don't know if any of—any of you on the Commission have experience with Japanese beetles, but they basically come in and they will strip every productive little bit of greenery and they leave just skeletons, and they are just extraordinarily difficult to get rid of. We've tried the the natural route using neem oil and all those uh more healthy options and unfortunately, it just has not worked. So we are now at the commercial bug—the pesticides. And I don't know if you have looked at the back of one of these bottles recently, but um, it's certainly not stuff that I would look forward to having in my—in my watershed or in our—in our drinking water eventually. But so, um, my reasoning to have chicken: obviously some pretty enjoyable pets—my parents have them, I enjoy fresh eggs more often than not—but also to—to have a more natural means of pest eradication so they can enjoy some wonderful protein and I can finally enjoy grapes. So I—I would like to invite you guys to pass this uh with one amendment. I did read staff's report and my recommendation—because as—as they discovered with some of the other cities, they—the cities mentioned that their—one of their regrets was the re-licensing procedure. I noticed the staff has recommended doing a five-year re-licensing at $75 per five-year period. My—my recommendation is that we treat this as—as almost anything else in which, you know, uh removing all those licensing, the inspection, keeping the recommendations in place for how the hens should be cared for, but getting rid of that—that unnecessary licensing fee and inspection and whatnot. So thank you all very much for your time and I hope that—I hope that you uh vote me firm enough to pass this. Thank you. [27:03] **Gino Messina (Chair):** Thanks, Ben. Um, we missed your uh name and address part. Could you go ahead with that again? [27:08] **Ben Howard-Kipper:** Yeah, absolutely. Sorry. Uh, Ben Howard-Kipper, 375 Tiffany Drive. [27:14] **Gino Messina (Chair):** 375. Okay, thanks Ben. I appreciate it. Thanks for coming tonight. [27:18] **Ben Howard-Kipper:** Thank you. Thank you. [27:19] **Gino Messina (Chair):** All right. Uh, we got—next on the list here we have um Holly Johnson. And just a reminder, if you're in—if you're in here with us, uh please don't use the chat function for communicating with us because it's not—it's not a—it's not meant for that. So go ahead and just dial in if you want and we'll bring you in to make public comments. All right, Holly, you are in and we can hear you. Go ahead, Holly. [28:03] **Holly Johnson:** [Silence/Static]. [28:13] **Gino Messina (Chair):** Oh, I show you're unmuted so we should be able to hear you. Holly, are you there? Okay, I don't think Holly is there. If you do come back in there, let me know. Um, okay, so for the remaining attendees, I don't have any other hands up. So I will make one last call for anybody who wishes to speak. Go ahead and use the raised hand feature. All right, we're just looking real quick. I don't see anybody else with their hands up at this time. I want to thank all of our attendees...