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08-15-00A regular meeting of the Hopkins City Council was held on August 15, 2000 in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Yager, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. CONSENT AGENDA 1. Minutes of August 2, 2000 Regular City Council Meeting 2. Approve Appointment of Warren Woodrich to Human Rights Commission (Memo) Council Member Johnson moved and Council Member Jensen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. IV. NEW BUSINESS 1 . Variance for Driveway at 136 Homedale Rd (CR2000-134) Jim Kerrigan said that the applicants, Gerald and Beverly Johnson, and his neighbor had a joint driveway for over forty years. Two years ago the neighbor reconstructed his driveway with atwo-foot set back as required by code. The applicant is now in the process of constructing a new driveway. The zoning ordinance requires atwo- foot set back. Mr. Kerrigan said that staff received a letter from the neighbor stating that he was against the variance and why. The Zoning and Planning Commission recommended approval. Staff recommended denial because a true hardship did not exist. Mr. and Mrs. Johnson came forward. Mr. Johnson said that the reason that they needed to widen the driveway is because they lost the advantage of the combined double driveway when the neighbors changed theirs. August 15, 2000 City Council Meeting Minutes Page 1 Council Members discussed the width of the driveway, the hardship, and the grandfather use along with the removal and reconstruction needing to be in conformance. Jay Thompson, Zoning and Planning Commission, said that the Commission discussed the item and that they felt it would be a hardship to make the Johnsons move the driveway off the lot line. Mr. Kerrigan mentioned that an alternative was given to the Johnsons. Staff suggested that the drive be constructed two feet off the lot line with atwo-foot decorative rock border, so that if they went off the drive, they could drive on the rock. City Attorney, Jerre Miller, explained that a hardship is stated by law to be something unique to the property, not economic in nature, and gives the property no other useful use if there is strict adherence to the ordinance. Mayor Maxwell made a motion to deny the variance. The motion died for lack of a second. Council Members discussed the need for the variance and the fact that the driveway has been at the requested location for over forty years. They also discussed that the removal of the tree would allow the two-foot expansion on the other side of the drive. Council Member Hesch said that as a Council, they have always looked at the individual merits of the request, not at whether or not the neighbors approve. Council Member Johnson said that a survey should be done to make sure that the property line is clear and suggested something less that atwo-foot variance. Attorney, Jerre Miller, said that the surveyor could confirm that the pins are in the correct place. Council Member Hesch said that a condition about property line identification should be added to the resolution. Jay Thompson, Zoning and Planning Commission, suggested that the motion should grant "up to a two-foot variance. Council Member Jensen made a motion and Council Member Hesch seconded a motion to adopt Resolution 2000-57, approving a variance of up to two feet with the condition that the applicant can identify, for the satisfaction of staff, the location of the property line. August 15, 2000 City Council Meeting Minutes Page 2 City Manager Mielke said that he was not comfortable with the determination of whether the lot line is in the appropriate place being made by staff. Mr. Miller, City Attorney, suggested that the requirement to be added to the motion be that the surveyor should confirm that the pins are still located where he placed them. The motion was restated as: move to adopt Resolution 2000-57, granting the variance of up to two-feet with the condition added that the owner of the property have the surveyor confirm that the property line pins are still located as placed with the original survey. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, nay. The motion carried. 2. Adopt 2001-2005 Capital Improvements Plan (CR2000-141) Lori Yager said that the Capital Improvements Plan (CIP) is a planning document intended to help the City anticipate major capital items and to consider the financial impact of proceeding with those planned improvements. Ms. Yager said that the plan is a flexible plan, based on long-range planning and financial projections. Ms. Yager reviewed the types of funding and the anticipated spending. Ms. Yager said that the CIP is a planning document, not an implementation action. Approval of the CIP does not mean that any projects are being approved for implementation. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt the 2001-2005 Capital Improvements Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Adopt 2001-2005 Equipment Replacement Plan (CR2000-140) Lori Yager said that the Equipment Replacement Plan (ERP) is a detailed summary of the next five years of a twenty-year replacement schedule for most of the City's equipment. It is a tool for planning the replacement of equipment as opposed to having fluctuating costs. Unlike the CIP, it is a fixed plan and is updated every year. Ms. Yager said that the annual service charge to the General and Special Revenue funds should increase to $8,000 per year for the next twenty years. Ms. Yager reviewed the anticipated spending amounts and the changes to the year 2001 of the plan. August 15, 2000 City Council Meeting Minutes Page 3 Council Member Johnson moved and Council Member Brausen seconded a motion to adopt the 2001-2005 Equipment Replacement Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. ADJOURNMENT There being no further business, Council Member Hesch moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:44 p.m. Respectively Submitted, erry O maier, City Clerk ATTEST: G,'~~~, r Eug e J. axwell, Mayor August 15, 2000 City Council Meeting Minutes Page 4