7/20/2020 - City Council - Work Session - AgendasSPRING PARK
On Lake 911inneton4
CITY OF SPRING PARK
WORK SESSION AGENDA
JULY 20, 2020 — 6:00 PM
SPRING PARK CITY HALL
(Work Session discussion times are approximate)
1. 6:00 — 4000 SUNSET PROPERTY LINE DISCUSSION
2. 6:20 — CITY CLEANUP DISCUSSION
3. 6:40 — RENTAL ORDINANCE FINAL DRAFT
4. 6:55 — ADJOURN
1
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM:
TO: Dan Tolsma
FROM: Alan Brixius
DATE: July 1, 2020
RE: 4000 Sunset Property Boundaries
FILE NO: 175.01 General
PROPERTY ADDRESS: 4000 Sunset Drive
BACKGROUND:
Joe Cheney owns the property at 4000 Sunset Drive in Spring Park. The lot contains an
existing duplex. Mr. Cheney wishes to renovate and expand the building to provide
additional living space and garages for the two units. In review of the lot City Staff
discovered a property line concern that differs between past and current surveys. The
lot abuts the city owned lake access off of Sunset Drive. This lake access was platted
as City street right of way between Lots 13 and 14 Skarp & Lindquist's Hazeldell
Addition to Minnetonka in 1906. (See Exhibit A)
Since the original plat Lot 14 has be divided into 6 lots by metes and bound descriptions
(no subsequent plat). All of the 6 lots have been developed. In 1993 and revised in
1996 Gronberg Inc prepared a survey of 4000 Sunset Drive for Scott Schulz. (See
Exhibit B) This survey illustrates the duplex being located on the lot's north lot line and
2 feet from the lake access pavement. This survey presents a number of hurdles to any
expansion of this building.
In 2018, Otto Associates prepared new survey for 4000 Sunset Drive. This survey
shows that the duplex is located 8 feet from the north lot line with the City's Lake access
drive extending into the Cheney lot.
In 2020, Otto Associates revised the 2018 survey showing a compromise north lot line
location. This Survey shows a 10 side yard setback for the proposed building addition.
The uncertainty of the correct location of the north property line has halted any
improvement or expansion of the Duplex at 4000 Sunset Drive.
Exhibit A Skarp & Lindquist's Hazeldell Addition to Minnetonka
Exhibit B 1993/1996 Gronberg Inc. Survey
Exhibit D 2018 Otto Survey
Exhibit E 2020 Otto Survey - Compromise lot line location
ANALYSIS:
The proper location of the Lake access right of way impacts the City and property
owners on both sides of this right of way. In an attempt to resolve this matter to the
benefit of all parties, City Staff met with Mr. Cheney and Otto at the site to examine
available options for the north lot line. Upon examining the physical conditions of the
lake access and adjoining lots the following options were identified.
Option 1. The City accept the 2018 Otto survey as being correct with the condition that
the property owner provide an street and utility easement over all of the existing paved
lake access surface. This option includes:
• The property owner has indicated that he will provide a 10 foot side yard setback
from his northern lot line with the new addition At 10 feet the building expansion
will not need a variance from the required 10 foot side yard setback. With
resolution of the property boundary the property owner can proceed with needed
development applications.
• We would require new lot corner monuments to be established
• The easement would cover the lake access drive encroaching onto the Cheney
lot. The easement will allow the lake access drive to continue to exist in its
present location and allow the city to maintain and/ or improve this roadway as
needed or desired.
• This option would not involve the Driggs property to the north.
Option 2. Otto Associates have prepared a compromise lot line adjustment (See Exhibit
C) the red line is the proposed lot line with the intent of have the city and property
owner agree on the a new northern boundary for the property. The new property line
generally follows the south pavement edge of the lake access drive. This option
includes.
All of the lake access drive lies within the city's right of way exclusive of the
Cheney property.
2
• The existing duplex will be only 2 feet from the property line at its northwest
corner with and expanding side yard setback for the existing and new addition as
it moves east. This will still require a side yard setback variance in that the new
addition would be setback only 8 feet from the north lot line. This option will allow
the applicant to precede with his need development applications.
• The new property line will need to be recorded at the county and iron
monuments shall be installed at each of the lot corners.
This will not involve the Driggs property/
Option 3. Vacate the Lake Access Right of Way entirely.
• The right of way would be conveyed to the two adjoining lots. This puts the land
back into private ownership. The expanded lot width and lot area would
appreciate the adjoining lots and put the vacated land back on the tax rolls.
• Eliminate the Lake Access at this location. Council must determine the need and
benefit of this lake access. Whether the city wishes to retain ownership and
responsibility for the lake access maintenance. We understand the lake access
is important to the Police department.
We would rely on Mr. Cheney and Mr. Driggs to petition for the right of way
vacation and provide new surveys, legal descriptions for their two lots. The new
lot description must be recorded at the county and monuments must be placed at
each of the corners of the new lots.
Option 4. Vacate the lake access right of way but retain and access easement over the
two lots to allow the lake access to remain.
• The right of way would be conveyed to the two adjoining lots. This put the land
back into private ownership. The expanded lot width and area would appreciate
the adjoining lot and put the land back on the tax rolls.
• With the expanded lot widths no variances are needed for the Cheney lot
redevelopment. The setbacks are measured to the property line and not to the
edge of an easement.
• The easement would cover the lake access drive. The easement will allow the
lake access to continue to exist in its present location and allow the city to
maintain and/ or improve this roadway as needed or desired.
• We would rely on Mr. Cheney and Mr. Driggs to petition of the right of way
vacation and provide new surveys, legal description for their two lots. We will
also require the preparation of an Access Easement dedicated to the city
preserving the lake access corridor.
3
CONCLUSION:
Staff is looking for direction from the City Council as to whether any of the
aforementioned options is desirable. From a staff perspective we believe options 2 and
4 provide the best solutions; in that it accomplishes the property owner objective of
defining the lot boundary and redeveloping his lot. However, it also retains the city's
lake access drive in its current location. We request council direction as to how to
proceed.
Mary Tietjen
Brian Hare
Theresa Schyma
Joe Cheney
Paul Otto
0
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SPRING PARK
On Lake alnnktonq
STAFF MEMO
DISCUSSION REGARDING
POTENTIAL MODIFICATION TO
SEMI-ANNUAL CLEAN-UP DAY
1. BACKGROUND: At the September 16, 2019 City Council work session the annual budget was
discussed. At that work session City Administrator Tolsma discussed the increasing costs for the
City's two clean-up events each year. He stated that the program has the best of intentions, but staff
have noticed items coming in from outside the city in order to take advantage of this generous
program. The City Council consensus was that a discussion regarding the clean-up events should
occur at a future work session.
2. DISCUSSION: Costs associated with clean-up day events are paid for out of the General Fund
which receives taxes from all commercial and residential properties in the City. However, only
single-family and multi -family residents are able to participate in the semi-annual events. Since the
service is free to residents there has been a substantial increase at some properties in the City that
leads staff to believe they are bringing items into Spring Park, either from other properties they own
outside of the city or they are allowing friends and family the ability to offload items at the expense
of Spring Park taxpayers. Furthermore, curbside collection for clean-up day events encourages
illegal dumping in the City and costs taxpayers more money.
Staff has compiled the attached spreadsheet that details information about clean-up events in all
cities located in Hennepin County. The spreadsheet demonstrates that for a city the size of Spring
Park it is uncommon to have more than one clean-up event per year especially when the events are
curbside collection and completely free. Furthermore, the only cities with more than one clean-up
event per year (not including Fall yard/brush only events) are cities over 19,000 in population.
Below are the basic statistics for clean-up events in the 44 cities in Hennepin County:
• # of events per year: 9 cities = 2 events, 29 cities = 1 event, 7 cities = 0 events
(does not include Fall events that are for yard waste/brush only)
• Curbside vs. drop-off events: 8 cities = curbside, 30 cities = drop-off
• Individual city event vs. combined cities event: 27 cities = individual, 11 cities = combined
• Participant Fees vs. Free: 36 cities = participant fees, Spring Park & Greenwood are free
(Note: Greenwood's event is very limited in what is accepted)
3. FINANCIAL CONSIDERATIONS: The City of Spring Park is the only city in Hennepin County
that has two free curbside clean-up events for their residents. The below chart details the City's cost
of each clean-up event in the past five and a half years:
SPRING
City Cost
FALL
City Cost
2020
$ 13,867.48
2020
TBD
2019
$ 13,307.30
2019
$ 9,306.75
2018
$ 11,566.76
2018
$ 7,466.18
2017
$ 7,436.19
2017
$ 7,750.94
2016
$ 7,497.25
2016
$ 5,231.25
2015
$ 7,669.94
2015
$ 4,936.25
Spring Total
$ 47,477.44
Fall Total
$ 34,691.37
2015-2020 GRAND TOTAL CITY COST: $ 96,036.29
4. RECOMMENDATION: Direct City staff on which of the following options (or any combination
thereo� is the Council's decision for clean-up events going forward:
• Reduce the number of events to one annual clean-up event in the Spring;
• Begin charging residents for certain items similar to most other cities in Hennepin County;
• Change the Fall clean-up event to be a curbside collection of brush/yard waste items only;
• Change the collection method to a drop-off event where residents are required to show
identification in order to participate;
o If so, look at combining Spring Park's event with another city to reduce costs and to
partner with a city that already has a system and space for this type of event;
• Make no changes to the City's current free semi-annual curbside clean-up day events.
CLEAN-UP DAY INFORMATION
FOR ALL CITIES IN HENNEPIN COUNTY
City Name
2018
Met Council
Population
Estimate
# of Events
Per Year
Curbside or
Drop -Off
Individual City Event or
Combined Cities Event
Completely Free or
Participant Fees
Bloomington
89,654
1
Curbside
Individual
Participant Fees
Brooklyn Center
32,299
2
Drop -Off
Combined
Participant Fees
Brooklyn Park
81,679
2
Drop -Off
Combined
Participant Fees
Champlin
23,927
1
Drop -Off
Individual
Participant Fees
Corcoran
5,831
1
Drop -Off
Individual
Participant Fees
Crystal
23,287
2
Drop -Off
Combined
Participant Fees
Dayton
6,018
1
Drop -Off
Individual
Participant Fees
Deephaven
3,878
1
Drop -Off
Individual
Participant Fees
Eden Prairie
63,456
1
Drop -Off
Individual
Participant Fees
Edina
52,535
0
N/A
N/A
N/A
Excelsior
2,321
1
Curbside
Individual
Participant Fees
Golden Valley
21,580
1
Drop -Off
Individual
Participant Fees
Greenfield
2,904
1
Drop -Off
Individual
Participant Fees
Greenwood
706
1
Curbside
Individual
Completely Free
but limited items
Hanover
3,483
1
Drop -Off
Individual
Participant Fees
Hopkins
19,713
2
Drop -Off
Individual
Participant Fees
Independence
3,763
1
Drop -Off
Combined
Participant Fees
Long Lake
1,815
1
Drop -Off
Combined
Participant Fees
Loretto
661
1
Curbside
Individual
Participant Fees
Maple Grove
66,903
2
Curbside & Drop -Off
Individual
Participant Fees
Maple Plain
1,864
1
Drop -Off
Combined
Participant Fees
Medicine Lake
388
0
N/A
N/A
N/A
Medina
6,646
1
Drop -Off
Individual
Participant Fees
Minneapolis
428,483
0
N/A
N/A
N/A
Minnetonka
53,713
2
Drop -Off
Individual
Participant Fees
Minnetonka Beach
561
1
Drop -Off
Combined
Participant Fees
Minnetrista
7,692
1
Drop -Off
Combined
Participant Fees
Mound
9,347
1
Drop -Off
Combined
Participant Fees
New Hope
21,790
2
Drop -Off
Combined
Participant Fees
Orono
8,102
1
Drop -Off
Combined
Participant Fees
Osseo
2,729
1
Drop -Off
Individual
Participant Fees
Plymouth
78,351
1
Drop -Off
Individual
Participant Fees
Richfield
36,436
0
N/A
N/A
N/A
Robbinsdale
14,776
0
N/A
N/A
N/A
Rockford
4,480
1
Drop -Off
Individual
Participant Fees
Rogers
12,991
1
Drop -Off
Individual
Participant Fees
Saint Anthony
9,067
1
Drop -Off
Individual
Participant Fees
Saint Bonifacius
2,328
1
Drop -Off
Individual
Participant Fees
Saint Louis Park
48,910
2
Drop -Off
Individual
Participant Fees
Shorewood
7,693
1
Drop -Off
Individual
Participant Fees
Spring Park
1,694
2
Curbside
Individual
Completely Free
Tonka Bay
1,550
1
Curbside
Individual
Participant Fees
Wayzata
4,719
1
Curbside
Individual
Participant Fees
Woodland
467
0
N/A
N/A
N/A
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF SPRING PARK CITY CODE
RELATED TO RENTAL HOUSING
THE CITY COUNCIL OF THE CITY OF SPRING PARK ORDAINS:
Section 1. A new Article V (Rental Housing) is hereby added to Chapter 12 of the Spring
Park City Code and shall read as follows:
ARTICLE V — R14`l, HOUSING
DIVISION 1. GENERALLY hE '
Purnose and Scone.
Owners of rental housing are responsible to take the reasonable necessary steps to ensure that the
citizens who occupv rental housing units may pursue the quiet eniovment of the normal activities of
life in the surrounding area that are: safe. secure, and sanitarv: free from crimes and criminal activitv.
noise, nuisances or annoyances, free from unreasonable fears about safety of persons and security of
property, and suitable for raising children.
DIVISION 2. DEFINITIONS.
Section 12-251. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Apartment building. Any building or portion thereof that contains three or more dwelling units,
sleeping rooms, or a combination thereof but not including condominiums or townhomes.
Bed and Breakfast. A place of lodgingthat:
hat:
(a) provides not more than eight rooms for rent to no more than 20 guests at a time,
(b) is located on the same property as the owner's personal residence,
(c) provides no meals, other than breakfast served to persons who rent rooms, and
(d) was originally built and occupied as, or was converted to, a single-family or two-
family residence prior to being used as a place of lodging
Building Q fficial. The building official for the City, or his/her designee.
City. The city of Spring Park, Minnesota.
City Administrator. The city administrator of the City, or his/her designee.
City Council. The city council of the City,
Condominium. A single dwelling unit in a multi -dwelling unit building that is separately owned and
may be combined with an undivided interest in the common areas and facilities of the property. Each
unit.
Dwelling, two-family. A building_ containing two dwelling units.
Eflciency. A dwelling unit containing onIone habitable room plus private bathroom facilities within
the unit.
Family. A person living alone or any of the following groups, provided that the members of the rg_oup
live together within a single dwelling unit and do not exceed the maximum occupancy limits of the
city code and/or state building code:
(a) An individual plus one or more persons related by blood, marriage, adoption,
guardianship or other duly -authorized custodial relationship, including foster children
and bona fide domestic servants employed on a full-time basis by the family in the
dwelling unit; or
(b) Two unrelated people and any children related to either of them, or
(c) One or more persons occupying a premises, subject to a limit of not more than four
unrelated persons 18 years of age or older provided that the occupants reside
permanently on the premises for thirty (30) days or longer, or
(d) Group residential facilities having six or fewer residents licensed by the Minnesota
Department of Human Services or the Minnesota Department of Corrections.
Lease. An oral or written, formal or informal, agreement between a dwelling unit owner and a tenant
for temporary use of a rental dwelling unit, usually in exchange for payment of rent.
Long Term Rental. A dwelling unit, or a portion of a dwelling unit, rented for a period of thirty(301
days or longer.
Occupant. A person who lives or sleeps in a dwelling unit.
Owner Any person, agent, operator, firm or corporation having a legal or equitable interest in the
property or the rental dwelling unit; or recorded in the official records of the state, county or
Short Term Ren,
thirty (30) daYs.
less than
Short Term Rental Host. AU 12erson who is the owner or tenant of a dwelling unit, or portion thereof
who provides a dwelling unit, or portion thereof, for short-term rental use.
Sleepingg room. Any room or rooms used or intended to be used by a tenant for sleeping_ purposes
with or without meals and not licensed by the Minnesota Department of Health.
Tenant. A person who occupies a rental dwelling_
Townhouse. A single-family dwelling constructed in a group of dwellings attached to each other and
where each dwelling unit extends from the foundation to the roof and is separated from other dwelling
units by property lines.
DIVISION 3. - RENTAL HOUSING LICENSING — GENERAL LICENSING PROVISIONS
Section 12-252. General Licensing Provisions for all single- and two-family dwellings.
(a) License Required. No person shall rent a single-family dwelling, two-family dwelling, or
townhouse regardless of the zoning district, to another for occupancy unless the City has first
issued a rental license .
(b) License Application. The Owner of a dwelling unit may submit an application for a rental
license on forms provided by the City Administrator or official designee. e. A person who has
been issued a rental license shall give notice, in writing, to the City Administrator, within five
(5) business da, s�y change in the information contained on the license application.
(c) License Fees. Licensing fees shall be prescribed, from time to time, by Council Ordinance,
and maintained on file in the office of the City Administrator. The required fees shall be
submitted along with the application for a new or renewal license. Applications for a renewal
license submitted after the license term expiration are subject to a penalty fee.
d) License Terms. All rental dwelling units must be licensed before being let, in whole or in
part, provided, however, that all rental dwelling units that are leased and occupied by tenants
as of the effective date of this ordinance shall be licensed no later than December 31, 2020.
The first license assigned to a rental dwelling unit will be a 2-year term. Upon first renewal,
the term length shall be determined by the Building Official based on condition of the rental
dwelling unit and the city's Tiered Rental Housing Inspection Program. Licenses will expire
at midnight on December 31 of the assigned year. Licenses must be renewed at least 30 days
prior to the expiration of the current license. Any unlicensed rental dwelling units are subject
to penalties as provided in this article or elsewhere in state or local law.
(e) License Issuance. Assuming that all other requirements of this article are satisfied, the City
shall issue a rental license if real estate taxes and municipal utility bills for the dwelling unit
have been paid, and the City has no record of unresolved complaints regarding the property
subject to the rental license.
(fl Inspection Required. Before a property can be issued a license, an inspection by the Building
Official is required. The property must be found in compliance with all applicable zoning
ordinances, building codes, fire codes, and the International Property Maintenance Code
(IPMC) before a license is issued. Once the initial inspection is completed, no further annual
inspection is required under this article unless a violation has occurred in the previous year or
a change in ownership has occurred.
Renewal of License. A Licensee may continue to rent a dwelling unit after the expiration date
of the rental license provided that the Owner has filed with the City Administrator, on or
before the expiration date, the appropriate renewal license application and license fee, and
provided that the City has no record of unresolved complaints regarding the property subject
to the rental license.
h) Transfer of License. A rental license shall not be transferable to another person, entity, or to
another dwelling unit. Any changes occurring in the ownership of a rental dwelling unit(s)
require a new license and inspection. The new owner must obtain a new license within 30
days of acquiring the property if continuing to operate a rental dwelling unit thereon. If any
changes occur in any information required on the license application, the Owner must submit
an amended license application to the City within 30 days of the change. If any rental dwelling
units are added to a current license, the license must be amended and the Licensee must pay
the additional fee required for the additional units.
DIVISION 4 - RENTAL HOUSING LICENSING — CONDITIONS OF LICENSE
Section 12-253. Conditions of rental property licenses. Dwelling unit rental licenses shall be issued
subject to the following conditions:
(a) Tenant Register. The Owner shall keep or cause to be kept, a current register of occupancy
for each dwelling unit which shall be made available for viewing or copying by the City
Administrator as requested. Said register shall provide at a minimum, the following
information:
1) Address of dwelling unit
(2) Number of sleeping rooms in dwelling unit
(3) Number of adults and children (under 18 years of agA9 gurrentlyoccupying the
dwelling unit. `
(b) Conduct on License Premises.
(1). Disorderly Conduct. It is the responsibility of the Owner to see that persons
occupying the licensed premises conduct themselves in such a manner so as not to
cause the premises to be disorderly or constitute a nuisance.
DIVISION 5 — RESTRICTIONS.
DIVISION 6 — REVOCATION; SUSPENSION; DENIAL
Section 12- 255.
(a) The City Council may revoke, suspend, deny or decline to renew any license issued under
this article by following the process contained in this section. In buildings containing more
than one rental dwelling unit, the revocation, suspension, denial or declination may apply to
one or more rental dwelling units at the reasonable discretion of the City Council. The basis
for such revocation, suspension, denial or non -renewal may include, but shall not be limited
to, any of the following circumstances:
(b)
(c)
(1) The license was procured by misrepresentation of material facts with regard to the
rental dwelling unit or the ownership of the rental dwelling unit.
(2) The applicant or one acting in his/her behalf made oral or written misstatements
accompanying,the application.
(3) The applicant has failed to comply with any condition set forth in any other permits
granted by the city.
violation.
(8) Any violation of this article or any other state or local law related to the rental dwelling
units .
(9) Failure to continuously comply with any_ condition required of the applicant for the
approval or maintenance of the . license.
Fines. In lieu of or in addition to revokingor r suspending a license for violations of this article,
(d) Hearing. The Owner or the Owner's agent shall be given an opportunity to be heard during
the City Council hearing. The City Council shall hear all relevant evidence and arguments
and shall review all statements, documents, and other evidence submitted.
(e) Decision. The City Council shall make findings based on the evidence presented and shall
make a decision on the recommendation to revoke, suspend, deny, or not renew a license
based on the findings. The City Council shall issue a written decision within 30 days following
the date of the hearing and shall notify the Owner of the decision by first class mail. The
decision shall specify the rental dwelling unit or units to which it applies. Thereafter, and until
a license is reissued or reinstated, no rental dwelling units that have had their rental license
revoked, suspended, denied, or non -renewed may be let or occupied by tenants. Revocation,
suspension, denial, or non -renewal of a license shall not excuse the owner from compliance
with all terms of this article for as long as any rental dwelling units in the building are
occupied.
(f) Permit Process after Revocation, Suspension, Denial or Renewal Declination. After the City
Council revokes, suspends, denies or declines to renew a license, no license will be issued
for the affected rental dwellingunit(s) until the City determines that the applicant/owner has
remedied the conditions identified by the City Council as the basis for its action. An
application to obtain a license for a rental dwelling unit after the City Council has revoked,
suspended, denied or declined to renew a license for the same rental dwelling unit(s) must be
accompanied by all fees required by this article.
Sec. 12-257. — Effect of Revocation, Suspension, Denial or Non -Renewal.
If
for the Owner or the Owner's aizent to thereafter fit the occunancv of the then vacant or_ thereafter
for the
be made in the manner provided for in this article.
DIVISION 8 - LIABILITY.
Section 12-258. No Warranty by City. By enacting and undertaking to enforce this code, the City,
City Council, its agents, and/or employees do not warrant or guaranty the safety, fitness or suitability
of any dwelling in the city. Owners and tenants `should take whatever steps they deem appropriate to
protect their interests, health, safety and welfare.
THIS AMENDMENT SHALL) BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITgVASSAGE:kND PUBLICATION
Approved by the Spring Pa* City Council the
Jerome Rockvam, Mayor
ATTEST:
2020.
Theresa Schyma, City Clerk