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IV.1. Minutes of the December 6, 2022 Special Meeting ProceedingsHOPKINS CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 6, 2022 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Hopkins City Council was held on Tuesday, December 6, 2022 at 5:30 p.m. in the Council Chambers at City Hall, 1010 1st Street South. Mayor Hanlon called the meeting to order with Council Members Balan, Beck, Garrido and Hunke attending. Others attending included City Manager Mornson City Clerk Domeier, Assistant City Manager Lenz, Management Analyst Imihy Bean, Director of Planning and Development Elverum, Assistant City Attorney Sathe and City Attorney Riggs. The purpose of the Special Meeting was to consider a Request for Appeal for Reasonable Accommodation Request at 101 Oakwood Road. NEW BUSINESS II.1. Appeal Hearing of the Request for Reasonable Accommodation for 101 Oakwood Road; Imihy Bean Management Analyst Imihy Bean summarized Council Report 2022 -122. Kevin Stanton submitted a request for a reasonable accommodation to allow nine (9) occupants to live at 101 Oakwood Road. The request provided that the individuals who would live at 101 Oakwood would meet the definition of being disabled due to alcoholism Mr. Stanton currently operates the home at this address as a sober living facility which is licensed by the City as a rental home for four (4) residents. After review of the application, supplemental information submitted by the applicant, and comments, staff denied the request for the detailed reasons outlined in the denial letter sent to the applicant on October 7, 2022. Mr. Stanton requested an appeal of this decision on November 7, 2022, which is permitted within the City’s reasonable accommodation ordinance. Samuel Merritt with the law firm of Hoffner Firm presented Mr. Stanton’s appeal. Mr. Merritt provided an overview of caselaw related to granting reasonable accommodations, presented arguments to supplement the materials provided for the appeal, including statements that the city has not appropriately applied the legal standards and that certain information used in the determination was not relevant to making a re asonable accommodation determination. Mayor Hanlon requested additional information on the number of police calls that have been made to the property when comparing the three years prior to Stanton’s ownership to the three years since Stanton purchased the property. Assistant City Attorney Sathe clarified the request data provided in the City’s memo. City Attorney Riggs shared comments related to Mr. Merritt’s presentation on the accommodation request including the history that led to the reasonable accommodation denial. Debate was held between attorneys and City Council about the reasonable accommodation request and if the accommodation specialist’s denial should be overturned or upheld and whether the information presented meets the requirements for overturning the accommodation specialist’s determination. The City Council shared their concerns about the accommodation request, and generally agreed that the information presented did not support a finding that the requested accommodation was reasonable and necessary. HOPKINS CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 6, 2022 Motion by Hanlon. Second by Hunke. Motion to determination to uphold the denial and direct staff to bring the findings to the January 3, 2023 City Council meeting. Ayes: Balan, Beck, Garrido, Hanlon, Hunke Nays: None. Motion carried. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Hunke, second by Garrido, the meeting was unanimously adjourned at 6:23 p.m. Respectfully Submitted, Amy Domeier, City Clerk ATTEST: _____________________________ Patrick Hanlon, Mayor _____________________________ Amy Domeier, City Clerk