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10-01-02A regular meeting of the Hopkins City Council was held on October 1, 2002, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, and Johnson. Council Member Rowan was absent. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Bot, Anderson, Elverum, 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 III. PROCLAMATION 1 . Westbrooke Patio Homes Thank You for Property Excellence Award from Multi-Housing Assoc. Pat Butler, Doug Strandness, Rita Grabouski, and Beth Murphy appeared to Thank the City of Hopkins for the assistance given over the past five years to improve the Westbrooke Patio Homes. Doug Strandness thanked the Council and Staff and said that the Association won the coveted MADAC Award for the best Housing Association in the State of Minnesota, Pat Butler said that the association has brought petitions and requests to the Council over the past five years for help in improving the properties. Ms. Butler thanked the Council and staff for the help that was given. IV. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Jay Thompson reported for the Zoning and Planning Commission. The Commission heard two requests for side-yard set back variances to build new homes. The Commission recommended a four-foot variance on the sides where the lots adjoin and eight-foot set backs on the other sides of the lots. V. CONSENT AGENDA 1 . Minutes of September 17, 2002 City Council Meeting 2. Minutes of September 24, 2002 City Council Work Session October 1, 2002 City Council Meeting Minutes Page 1 3. Ratify Prior Month's Disbursements 4. Second Reading Vacation of Easement for Marketplace Lofts Project (Memo) 5. Three Rivers Trail Maintenance Agreement (CR2002-154) 6. Approve Bid for Ice Resurfacer (CR2002-141) Council Member Jensen moved and Council Member Brausen 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 Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS Council Member Brausen recused himself because of a conflict of interest, having a situation that is similar to the variances that are being requested. Council Member Brausen left the table. 1 . Variance, 245 18th Ave N (CR2O02-157) The applicant has recently purchased 245 18th Ave N. There are two lots; one is forty feet wide, the other thirty-five feet. There is an existing home on the lot that is thirty-five feet wide. That home is to be removed. The applicant would like to build a new home on the thirty-five foot wide lot and is requesting two three-foot side-yard variances. With the variance, the applicant will be able to construct atwenty-five foot wide home. Without the variance, the home would be nineteen feet wide. The new home would be five feet from the property line. The existing home is 4.8 feet from the property line. They will be constructing a home on the forty-foot lot also. The applicant, Curt Fretham, came forward and stated that he would prefer having five feet on both sides of the home as opposed to eight feet on one side and four feet on the other side. Mr. Fretham said that he was encouraged by the Zoning and Planning Commission to build single-family homes as opposed to a duplex or zero lot line homes. The Council Members discussed presedent setting with the City Attorney. Kathleen Kopetsky, 251 18th Ave N, came forward and said that they moved their home on their lot eighteen years ago and that it is placed four feet from the property line. The house currently existing on 245 is 4.8 feet from the property line. If a new home were to be built, they would like more space between their home and the new home. Ms. Kopetsky requested that the Council adhere to the Zoning and Planning Commission recommendation. October 1, 2002 City Council Meeting Minutes Page 2 Mr. Wangyan, 227 18th Ave N, was concerned about the survey, the .placement of the lot line, and did not want to see a building on the lot next to him. He said that he would have appeared at the Zoning and Planning Commission Meeting, but he had not received notice of the hearing. Council Members discussed the current set back requirements. Kathryn Arlt, 223 18th Ave N, came forward and said that they did not receive any notification of the variance request. Ms. Arlt felt that the new homes would lower their property values. Tom Daughenbaugh said that he is the owner of the property across the alley and that he has applied for a similar variance. Mr. Daughenbaugh said that the lots have always been there; they are already platted; there will be a house on the lot. It is a matter of whether the house will be nineteen feet wide or twenty-four feet wide. He is the owner of the forty-foot lot and has already applied for the building permit. That house requires no variances and will be started soon. Mayor Maxwell said that he would like to see more consensuses on the project. Council Members discussed the lack of hardship and the spottiness of the notification. Rob Aldecocea, designer of the new homes, spoke on behalf of Mr. Daughenbaugh restating the discussion and preferences of the Zoning and Planning Commission. Mr. Aldecocea explained the hardship. The applicant, Mr. Fretham, said that he would not mind meeting with the neighborhood residents. Council Members discussed the notification and the possibility of sending the application back to the Zoning and Planning Commission after additional notices were mailed. In response to questions from Council Members, the applicant requested a continuance to the October 15th regular meeting. Council Member Johnson moved and Council Member Jensen seconded a motion to continue the item to the October 15th regular City Council Meeting and directed staff to notify the neighborhood of the meeting and to work with the applicant to help establish a neighborhood meeting. A poll of the vote October 1, 2002 City Council Meeting Minutes Page 3 was as follows: Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried. 2. Variance 232 17t" Ave N (CR2002-158) The applicant has recently purchased 232 17t" Ave N. There are two lots; one is forty feet wide, the other thirty-five feet. There is an existing home on the lot that is forty- feet wide. The applicant would like to build a new home on the thirty-five foot wide lot and is requesting afour-foot side-yard variance. The thirty-five foot lot is a lot of record and is buildable. Council Members discussed the fact footage between the proposed homes than on the previous variance request. Planning Commission recommended requested. that there will be considerably more and the existing homes on these lots The applicant said that the Zoning and variance of one foot more than he Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2002-89, approving afour-foot side-yard variance on the south property line to construct a home. A poll of the vote was as follows: Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, nay. The motion carried. Council Member Brausen returned to the table. 3. First reading, Ordinance 2002-884, Amending License Period (CR2002-155) The current term of all licenses is from January 1St through December 31St and is set by section 1005.11 of the City Code. The process for renewing licenses begins in September and is completed in December. The time frame coincides with elections. Both processes require time and attention. The new license period would begin on July 1St and end on June 30t". The renewals for 2003 would be one-half year renewals to June 30t" and then full year renewals to June 30t" in 2004. Council Member Brausen moved and Council Member Johnson seconded a motion to move to adopt Ordinance 2002-884 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. October 1, 2002 City Council Meeting Minutes Page 4 i/III. A®JOURNMENT There being no further business, Council Member Brausen moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:20 p.m. ATTEST: Eu ene o Maxwell, Mayor October 1, 2002 City Council Meeting Minutes Page 5