06 14 21 City Council MinutesNew Hope City Council June 14, 2021
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes June 14, 2021
Regular Meeting City Hall, 7:00 p.m.
CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Hemken called the meeting to order at 7:00 p.m.
PLEDGE OF
ALLEGIANCE
The City Council and all present stood for the Pledge of Allegiance.
ROLL CALL Council present:
Staff present:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Tim Hoyt, Director of Police
Valerie Leone, City Clerk
Tom Mahan, Animal Control Officer
Jeff Sargent, Director of Community Development
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member London, seconded by Council Member
Elder, to approve the work session meeting minutes of May 17, 2021. Voted in
favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted
against the same: None; Abstained: None; Absent: None. Motion carried.
Motion was made by Council Member London, seconded by Council Member
Elder, to approve the executive session meeting minutes of May 17, 2021. Voted
in favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted
against the same: None; Abstained: None; Absent: None. Motion carried.
Motion was made by Council Member Hoffe, seconded by Council Member
Isenberg, to approve the regular meeting minutes of May 24, 2021. Voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: None; Absent: None. Motion carried.
OPEN FORUM
There was no one present desirous of addressing the council.
ROTATING VOTES
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the mayor’s name first
followed by the council members’ in alphabetical order.
CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
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removed for discussion. Mr. Jeff Sargent, community development director,
reviewed the consent items.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through June 14, 2021.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve the Consent items. All present voted in favor. Motion carried.
PUBLIC HEARING
PERMIT TO EXCEED
LIMITATION OF
KEEPING ANIMALS
8353 50th AVE N.
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Public Hearing to consider a
request for “permit to exceed limitations on the keeping of animals” at 8353 50th
Avenue North.
Mr. Jeff Sargent, director of community development, explained that Keri and
Clayton Miller are seeking permission to keep up to 12 chickens on the property
located at 8353 50th Avenue North. He stated the chicken coop is 12’ x 16’ and is
located approximately five feet from the rear property line. He stated city code
allows property owners to keep a maximum of three chickens without needing
special approval by the City Council.
Mr. Sargent stated the applicant has submitted an application for a “permit to
exceed limitations” which requires a public hearing. He stated property owners
within 500 feet of the subject property were notified of the public hearing. Staff has
received feedback from property owners, both for and against the proposal.
Neighborhood concerns include the number of chickens, potential health risks,
size of the chicken coop, and public nuisance issues such as odor and waste
products.
Director Sargent illustrated the chicken coop and vegetative screening from
neighbors. He noted the enclosure inside the coop was sized for 12 chickens (the
chickens emit body heat for survival in winter). He reported on past permits issued
in the city and one permit that was revoked due to improper maintenance. He
explained the permit expires annually and can be revoked if problems arise.
Council Member London spoke of setting a precedence. He questioned the
nuisance aspects if an entire neighborhood desired to have several chickens.
Mr. Sargent noted that ordinances allow regulation, and the city’s code could be
amended for stricter rules.
Ms. Stacy Woods, city attorney, noted the permit to exceed limitations is not a
permanent action, and it provides flexibility as well as the ability to revoke a
permit.
Council Member Hoffe asked how long the chicken coop has been on the property.
He noted the two existing permits on file allow six chickens per property compared
to the Millers’ request to own 12 chickens.
Mayor Hemken questioned why the applicant has 12 chickens without approval.
She noted some residents in the neighborhood do not support the request.
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Ms. Keri Miller, applicant, explained that her family moved into the property in
November of 2020. She stated in January of 2021 she spoke with the animal control
officer regarding chickens and was instructed to submit the application after the
coop was constructed and the chickens were obtained. Mr. Clayton Miller
indicated they were told an inspection of the chicken coop was necessary. Ms.
Miller stated the coop was constructed this summer, and the chickens are about a
month old.
Mr. Tom Mahan, animal control officer, explained that he did advise the Millers to
construct the coop and obtain the chickens prior to submitting the application to
have more than three chickens. He noted in the future he will ensure residents are
told to complete the application process first.
Mr. Mahan responded to questions from Council. He stated the other four permits
(to exceed limitations) were issued within the past five years. He indicated he tries
to inspect the properties on an annual basis. He stated the city of Crystal recently
amended its ordinance to allow a maximum of four chickens, with no option to
have greater than four.
Mayor Hemken opened the public hearing for comments.
Mr. Scott Stover, 8316 50th Avenue North, was recognized. He expressed support
for the permit and noted the benefits of allowing children to learn about farming.
Council Member Elder spoke regarding the presumption that the permit will
automatically be approved. He noted the request is for four times the number of
chickens normally allowed by ordinance. He commented on the burden placed on
neighboring property owners.
Council Member Isenberg supported approving the permit based on the
misinformation from city staff and because the applicant has incurred expenses
with the coop and chickens. He noted the permit can be revoked if there is lack of
maintenance by the property owner.
Council Member London stated he believes the city should avoid a high
concentration of chickens and allow no more than three chickens per property.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Elder, seconded by Council Member
London, to close the public hearing. All present voted in favor. Motion carried.
MOTION
Item 7.1
Motion was made by London, seconded by Council Member Elder, to deny the
“permit to exceed limitations on the keeping of animals” at 8353 50th Avenue
North. The following voted in favor thereof: Hemken, Elder, Hoffe, London; and
the following voted against the same: Isenberg; Abstained: None; Absent: None.
Motion carried.
Mayor Hemken advised the Mr. and Mrs. Miller that only three chickens will be
allowed at the property.
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Council Member London commented at the next work session the Council will
be discussing nuisances within the city and the need to enforce city ordinances.
Director Sargent indicated the animal ordinance can be reviewed as well.
EXCHANGE OF
COMMUNICATION
Item 12.1
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
Mr. Jeff Sargent, director of community development, indicated the city is
sponsoring “food truck Fridays” at city hall parking lot from 11 am until 2 pm on
Fridays through September 3.
Mayor Hemken reported on upcoming events.
ADJOURNMENT
Motion was made by Council Member Isenberg, seconded by Council Member
Elder, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 7:43 p.m.
Respectfully submitted,
Valerie Leone, City Clerk