7/19/2021 - City Council - Regular - AgendasSPRING PARK
On Lake Minnetonka
CITY OF SPRING PARK
CITY COUNCIL AGENDA
JULY 19, 2021 — 7:00 PM
SPRING PARK CITY HALL
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ADOPT MEETING AGENDA
4. ADOPT CONSENT AGENDA*
a. Approve Regular City Council Meeting Minutes from July 6, 2021
5. PUBLIC FORUM**
6. PRESENTATIONS & GUEST SPEAKERS
a. Jim Eichten - 2020 Audit Presentation
7. PUBLIC HEARINGS
8. PETITIONS, REQUESTS, & APPLICATIONS
9. ORDINANCES & RESOLUTIONS
10. REPORTS OF OFFICERS AND COMMITTEES
a. Mayor & Council
i. Yacht Club Marina LMCD Request
b. City Staff
c. Contract Staff
11. NEW BUSINESS & COMMUNICATIONS
12. CLAIMS FOR PAYMENT
a. July 19, 2021 Claims
13. UPCOMING MEETINGS & TRAINING
a. July 21 - Police Commission - 8:00 AM
b. July 21 - Fire Commission - 11:00 AM
c. July 28 - LMCD Work Session with Regular Meeting to Follow - 6:00 PM
d. August 2 - City Council Regular Session - 7:00 PM
14. MISCELLANEOUS (INFORMATION ONLY
15. ADIOURNMENT
* The Consent Agenda lists those items of business which are considered to be routine, recommended for approval, and/or which need no discussion.
The several separate items listed on the Consent Agenda are acted upon by one motion. There will be no separate discussion of these items unless a
Council Member makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for
Council discussion and action.
** Under Public Forum individuals may address the City Council about any item not contained on the regular agenda. Each speaker should keep their
statements to three minutes to allow sufficient time for others. The Council will take no official action on items discussed at the forum, with the
exception of referral to staff for future report.
SPRING PARK
On Lake Winkm„q
1. CALL TO ORDER
CITY OF SPRING PARK
CITY COUNCIL MINUTES
JULY 6, 2021 - 7:00 PM
SPRING PARK CITY HALL
The following Council Members were present: Jerome P. Rockvam, Mark Chase, Jeff Hoffman, Pamela
Horton, and Gary Hughes. Mayor Rockvam chaired the meeting.
2. PLEDGE OF ALLEGIANCE
Rockvam led the audience in the Pledge of Allegiance.
3. ADOPT MEETING AGENDA
Council Member Hughes motioned, being seconded by Council Member Chase to approve the agenda as
presented. On vote being taken, the motion was unanimously approved.
4. ADOPT CONSENT AGENDA
Council Member Horton motioned, being seconded by Council Member Hoffman to:
a. Approve City Council Work Session Meeting Minutes from June 21, 2021
b. Approve Regular City Council Meeting Minutes from June 21, 2021
c. Agreement with Hennepin County for Assessment Services
On vote being taken, the motion was unanimously approved.
5. PUBLIC FORUM - none
6. PRESENTATIONS & GUEST SPEAKER - none
7. PUBLIC HEARINGS - none
8. PETITIONS, REQUESTS. & APPLICATIONS - none
9. ORDINANCES & RESOLUTIONS
Council Member Hoffman motioned, being seconded by Council Member Horton to:
a. Resolution 21-08: Accepting American Rescue Plan Funding
On vote being taken, the motion was unanimously approved.
10. REPORTS OF OFFICERS AND COMMITTEES
a. Mayor & Council
Council Proceedings
July 6, 2021
Page 2
Discussion was had the force main breaks and the clean-up efforts. Congratulations was given to Shane
Wiskus on his upcoming Olympic appearance. Discussion was had on the upcoming project with the
County on Sunset Drive. Also discussed was the possibility of slip lining or pipe bursting.
b. City Staff - none
c. Contract Staff
Nielson reviewed the West Arm West project and the open house that was held June 30that the Seton
Townhome common area. He reviewed the turn -a -round area, roadway improvements, removing the
center pilings on the bridge, underground powerlines, surmountable curb, and the project timeline.
Rockvam motioned, being seconded by Horton to authorize advertising for bids for the West Arm West
project. On vote being taken, the motion was unanimously approved.
11. NEW BUSINESS & COMMUNICATIONS - none
12. CLAIMS FOR PAYMENT
a. July 6, 2021 Claims
Horton motioned, being seconded by Council Member Hughes to approve claims for payments that have
been submitted. On vote being taken, the motion was unanimously approved.
13. UPCOMING MEETINGS & TRAINING
a. July 13 - Administration Committee - 12:00 PM
b. July 14 - LMCD Work Session with Regular Meeting to Follow - 6:00 PM
c. July 14 - Planning Commission - 6:00 PM
d. July 19 - City Council Work Session - 6:00 PM
e. July 19 - City Council Regular Session - 7:00 PM
14. MISCELLANEOUS (INFORMATION ONLY)
15. ADJOURNMENT
There being no further discussion, Hoffman motioned, being seconded by Rockvam to adjourn the meet-
ing at 8:03 p.m. On vote being taken, the motion was unanimously approved.
Jennifer Nelson, City Clerk
Dan Tolsma, City Administrator
MINNFTO�
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CIo�s�R�A7iON
LAKE MINNETONKA CONSERVATION DISTRICT
REQUEST FOR REVIEW AND COMMENTS
MN DNR General Permit Application #97-6098
Date of Request: 06/09/2021 Response Due By: 06/18/2021
Comments on this application are due 10 days from receipt of this notice.
Return to: LMCD, 5341 Maywood Road, Suite 200, Mound, MN 55364 or via email (below).
FROM: Matthew Cook, Environmental Administrative Technician
THROUGH: Vickie Schleuning, Executive Director
PHONE: (952) 745-0789 E-MAIL: mcookAlmcd.org
TO:
X MN DNR Area Hydrologist:
X DNR Area Fisheries Supervisor:
X MCWD:
X City of Spring Park:
X LMCD Board Members:
PROPOSAL INFORMATION
Name of Applicant:
Address of Project:
Bay:
Request Type:
Structure Type:
Lucas Youngsma, lucas.youn sma(a,state.mn.us
Jack Gleason, John. leg_ason(&state.mn.us
Daryl Ellison, daryl.ellisonastate.mn.us
James Wisker, iwisker(a,minnehahacreek.org
Tom Dietrich, tdietrichaminnehahacreek.org
Dan Tolsma, dtolsma0.ci.spring-park.mn.us
Gary Hughes, ghughesallmcd.org
Gregg Thomas, gthomasafted.org
The Yacht Club LLP
4165 Shoreline Drive
Spring Park, MN 55384
Spring Park Bay
Multiple Dock License
Seasonal
Project Description:
The applicant has submitted an application to reclassify the site from a Club operation to a Qualified
Commercial Marina. The site is located at 4165 Shoreline Drive in Spring Park. The site has 320 feet
of shoreline on Spring Park Bay.
The site is currently licensed as a Club facility. The applicant proposes to operate the site as a
Qualified Commercial Marina, with slips open to the general public for rent. The applicant does not
propose any structural changes to the dock system at this time. A similar application for this property
LMCD Request for Review and Comments
The Yacht Club LLP — New Multiple Dock License Request
June 9, 2021
was previously submitted, but withdrawn since the purchase agreement was rescinded. The current
owner wishes to continue the proposed license change.
The following documents are attached for your review:
1. LMCD Request for Review (this document)
2. Aerial imagery of the site
3. Existing Site Plan
4. Proposed Site Plan
COMMENTS ON PROPOSAL
Comments on Project by Reviewer (attach separate sheet if needed):
On behalf of the City of Spring Park we offer the following review comments pertaining to the request
to reclassify the dock license for The Yacht Club LLP from Club facility to a Qualified Commercial
Marina, with slips open the general public to rent.
While the City recognizes that the LMCD does not establish dock license designation directly on the
zoning approvals issued for the property by the municipality in which the use is located. LMCD
regulations do recognize that there in a use and operation distinction between a Club license and a
Commercial Marina license.
Definitions:
Subd. 15. Club. "Club" has the meaning given by Minnesota Statutes, section 340A.101, subdivision 7.
This term does not include a residential association, homeowner's association, an outlot association, or
other similar organization whose membership is restricted to, or comprised in major part of, owners of
specific property not abutting the Lake who have an interest in or right to use an outlot or similar tract
or parcel of land located on the Lake.
Subd. 16. Club Facility. "Club facility" means a commercial structure, or part thereof, owned or
operated by a club or by any other nonprofit corporation, group, or association. The term does not
include those parts of commercial structures licensed for transient use only, or residential structures.
Subd. 21. Commercial Use. "Commercial use" is, unless specifically noted otherwise, a general
reference to commercial marinas, club facilities, qualified commercial marinas, qualified sailing
schools, and qualified yacht clubs. The term includes any use of a dock or dock structure by a person
or entity in conjunction with a commercial or other revenue producing business enterprise. The owner
of a commercial use is eligible to apply for a license for a commercial structure.
If Club and Commercial Marina uses have the same operational and use characteristics the LMCD
regulations would not need separate definitions or license classifications.
One of the Criteria for considerations of a commercial Structure approvals (6-201 Subd 3) includes the
following:
"(f) Whether the proposed structure will be compatible with the adjacent development;"
Page 2 of 2
LMCD Request for Review and Comments
The Yacht Club LLP — New Multiple Dock License Request
June 9, 2021
In 1991, the city of Spring Park adopted a zoning amendment creating the C-4 Office Commercial
Zoning District to specifically accommodate the development of the Minnetonka Yacht Club office
building and dock features. The purpose of the C-4, Office Commercial district is to provide a
district which may reasonably adjoin high density residential districts for the location and
development of administrative office buildings and related uses and which provides a transition in
land use from residential uses to more intensive uses.'
The C-4 district was established to allow for limited commercial uses; permitted uses are limited to
office uses only, The Yacht Club and sailing school were included within the C-4 zoning district as a
conditional use with performance standards to insure the it maintained a compatible relationship with
the other commercial office tenants and the adjoining apartment complex. In considering the zoning
and the condition use permit for the existing office building and docks the City evaluated the details of
the site plan and the operational characteristic of the proposed use in granting the development
approval.
The Minnetonka Yacht Club was approved by the City and has operated for the last 30 years, in a
manner that is compatible with other office tenants and the adjoining residential uses. The Yacht Club
has operated under a LMCD club license consistent with the land use approvals. The club license still
exists allowing the site to continue to function as initially approved. As such, denial of the
Commercial Marina License will not deny the property previous rights or operations.
The change in dock license, to a commercial marina, changes the site and dock use as recognized by
the LMCD regulations and licensing classifications. This change in classification will introduce a
different user group to the site and a change of site operations. The City is concern the reclassification
to a commercial marina will negatively impact the tenants and operations of the office building; impact
the adjoining residential apartment complex.
In conclusion, the City recognizes that the LMCD does not establish a dock license designation
directly on the zoning approvals issued for the property by the municipality in which the use is located.
However, we ask you to recognize the following:
1. There is a distinction between a Club and Commercial Marina as defined in LMCD
regulations.
2. The change of Dock Classification will impact the on -site office building and adjoining
residential land use.
3. The current club license does not interfere with the historic use of the building.
4. Denial of the Commercial Marina classification does not take away any of the historic use or
rights of the site or docks.
5. The City has concerns that site is not suited for a commercial marina.
Page 3 of 2
LMCD Request for Review and Comments
The Yacht Club LLP — New Multiple Dock License Request
June 9, 2021
Recommendation of Reviewer:
Based on the aforementioned findings, the City of Spring Park respectfully requests that the LMCD
deny the change of Dock Classification to Commercial Marina and keep the docks at the Yacht Club
site at 4165 Shoreline Drive in Spring Park as a Club Dock classification and license.
Alan Brizius Spring Park City Planner 07/19/2021
Name of Reviewer
Title
Date
Page 4 of 2
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City of Spring Park
Staff Payroll 07115/21
EFT Payments
Check # Employee/Council Name Check Amount Check Date
5787
Farniok, Sharon L. $1,625.28
0715/21
5788
Nelson, Jennifer J. $1,640.43
7/15/2021
5790
Nelson, Jennifer J. retro wage increase after probation period ending 6/30/21 $2,224.55
7/15/2021
5789
Tolsma, Daniel J.
$3,071.67
7/15/2021
Sub Total
$8,561.93
Chase, Mark
Hoffman, Jeff
Horton, Pam
Hughes, Gary
Rockvam, Jerry
Sub Total
$0.00
Electronic Misc. Disbursements
EFT#30691
PERA Employer Payroll Payment for 7/15/21
$1,691.76
7/19/2021
EFT#30690
FICA Employee/Employer Payroll Withholding Taxes for 7/15/21
$3,095.27
7/16/2021
EFT#30687
MN Dept.of Labor & Treasury, 2nd Otr.21' Building Surcharge
$71.05
7/13/2021
EFT#30688
Sales &Use Taxes, Collected from 1st Qtr.2021 Utility Billing
$2.00
7/13/2021
EFT#30689
Jennifer Nelson HSA payment (retro after probation period endin 06/30/21)
$1,800.00
7/12/2021
I
Sub Total
_
$6,660.08
_
Claims:
TOTALS
$0.00
$15,222.01