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8/17/2020 - City Council - Regular - AgendasSPRING PARK On Lake 3finnetonka CITY OF SPRING PARK CITY COUNCIL AGENDA AUGUST 17, 2020 — 7:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ADOPT MEETING AGENDA 4. ADOPT CONSENT AGENDA* a. City Council Regular Meeting Minutes from August 3, 2020 5. PUBLIC FORUM** 6. PRESENTATIONS & GUEST SPEAKERS 7. PUBLIC HEARINGS 8. PETITIONS, REQUESTS- APPLICATIONS 9. ORDINANCES & RESOLUTIONS a. Ordinance 20-01: Long -Term Rental Licensing 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor & Council b. City Staff c. Contract Staff 11. NEW BUSINESS & COMMUNICATIONS 12. CLAIMS FOR PAYMENT a. August 17, 2020 Claims 13. UPCOMING MEETINGS & TRAINING a. August 26 — LMCD Work Session at 6:00 PM with Regular Meeting at 7:00 PM b. September 8 (Tuesday) — City Council Work Session Meeting — 6:00 PM 14. MISCELLANEOUS (INFORMATION ONLY a. Mound Fire Department Grant Press Release 15. ADJOURNMENT * 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 afmnetonk CITY OF SPRING PARK CITY COUNCIL MINUTES AUGUST 3, 2020 — 7:00 PM SPRING PARK CITY HALL CALL TO ORDER - The meeting was called to order by Mayor Rockvam at 7:00 p.m. Council Members Jerome P. Rockvam, Mayor; Mark Chase; Jeff Hoffman; Pamela Horton; Present: and Gary Hughes Staff Present: Dan Tolsma, City Administrator; and Theresa Schyma, City Clerk 2. PLEDGE OF ALLEGIANCE — Mayor Rockvam led the audience in the Pledge of Allegiance. 3. ADOPT MEETING AGENDA M/Hughes, S/Horton to adopt the meeting agenda_. Motion carried 5-0. 4. ADOPT CONSENT AGENDA a. City Council Work Session Meeting Minutes from July 20, 2020 b. City Council Regular Meeting Minutes from July 20, 2020 c. Special Event 20-08 with Temporary On -Sale Liquor License for Back Channel Brewery Eurotech Car Show Event on August 20 d. Special Event 20-09 with Outdoor Music for Back Channel Brewery "Sunset Sets" Event on August 28 M/Horton, S/Chase to adopt the Consent Agenda. Motion carried 5-0. 5. PUBLIC FORUM — None. 6. PRESENTATIONS & GUEST SPEAKERS a. Beverly Mathiasen — Republic Services — Ms. Mathiasen provided an update on the current state of recycling and how it impacts Spring Park. She provided detailed information on what items can and cannot be included in curbside recycling and how contamination impacts the recycling stream. The Council thanked Ms. Mathiasen for the informative presentation. 7. PUBLIC HEARINGS — None. 8. PETITIONS, REQUESTS, & APPLICATIONS — None. 9. ORDINANCES & RESOLUTIONS — None. 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor & Council Mayor Rockvam asked for a status update for the water and sewer improvement project on West Arm Road West. City Administrator Tolsma discussed the next steps and the upcoming bid process. He stated that the contract should be awarded at the first Council meeting in September. Mayor Rockvam discussed the possibility of an outdoor meeting/open house to update impacted residents on the project. Council Member Hughes discussed the recent grant that was received by the Mound Fire Department for $151,758. Mayor Rockvam asked about the ongoing discussions in regards to forming a Fire District. City Administrator Tolsma responded with an update and stated that all member cities will receive questionnaires in order to provide feedback. Mayor Rockvam discussed Minnetonka Beach's withdrawal from the multi -city fire service contract and how it impacted service response times, finances, and mutual aid agreements for the remaining member communities. Council Member Horton asked about Fire Chief Pederson's trial test of taking engine trucks to West Arm Road West to check height and width clearance in regards to the possibility of removing the center pillar. City Administrator Tolsma responded that the trial tests were conducted and the Fire Department is recommending removal of the center pillar because it does cause issues for the engine trucks. Council Member Horton asked if the center pillar should be removed before the water and sewer project commences on West Arm Road West. City Administrator Tolsma responded that the contractors that have been consulted about this project have indicated there is not an issue for their trucks with the center pillar as it is right now. Council Member Horton asked about an on -site meeting for the City Council to discuss options to resolve the ongoing property line issue at 4000 Sunset Drive. City Administrator Tolsma responded that that the item is on the agenda for next work session. He stated that an on -site meeting could take place 30 minutes before the regular work session so that Council can visit the site and look at options. b. City Staff — None. c. Contract Staff — None. 11. NEW BUSINESS & COMMUNICATIONS — None. 12. CLAIMS FOR PAYMENT a. August 3, 2020 Claims M/Horton, S/Hughes to approve all claims for payment. Motion carried 5-0. 13. UPCOMING MEETINGS & TRAINING a. August 12 — LMCD Work Session at 6:00 PM with Regular Meeting at 7:00 PM b. August 12 — Planning Commission Meeting — 6:00 PM c. August 13 — LMCC Meeting — 7:00 PM d. August 17 — City Council Work Session Meeting — 6:00 PM e. August 17 — City Council Regular Meeting — 7:00 PM 14. MISCELLANEOUS (INFORMATION ONLY) a. Mound Fire Department $151,758 Grant Award Notice 15. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:48 p.m. Date Approved: August 17, 2020 Dan Tolsma, City Administrator Theresa Schyma, City Clerk CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO.20-01 AN ORDINANCE AMENDING THE CITY OF SPRING PARK CITY CODE WITHIN THE CITY OF SPRING PARK THE CITY COUNCIL OF THE CITY OF SPRING PARK ORDAINS: Section 1. A new Article V (Rental Housing Park City Code and shall read as follows: ARTICLE V — RENTA DIVISION 1. GENERALLY Purpose and Scope. 12 of the Spring Section 12-250. Purpose and Scope. It is the purpose of this Chapter to assure that rental single- family and two-family dwelling in the City is decent, safe, sanitary, and is operated and maintained in accordance with the City's regulations. The implementation of a rental -licensing program is a Section 12-251. The following words, terms and phrases, when used in this article, shall have the meaning: Apartment building means, any building or portion thereof that contains three or more dwelling units, sleeping rooms, or a combination thereof but not including condominiums or townhomes. Building �of icial means the designated building official for the City, or his/her designee. City shall mean the City of Spring Park, Minnesota. City administrator means the city administrator of the City, or his/her designee. iee. City council means the City council of the City. Condominium means 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 individual owner may sell or encumber his/her own unit. Dwelling. Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied for living purposes. Dwelling Unit. A dwelling unit is a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking eating, and occupied for living_ purposes. or :�N leased let, or hired out to be occupied for living purposes. within the unit. Department of Human Services or the Minnesota Department of Corrections. Lease means 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 aportion of a dwelling unit, rented for a period of thirty (30) days or longer. Occupant. A person who lives or sleeps in a dwelling unit. Owner. means 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 municipality as holding title to the property; or otherwise having control of the property or rental dwelling unit, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real propertyby a court, or any person representing the actual owner or holding a valid rental license from the City. Rent. To permit occupancy of a dwellingunit nit by a person other than the legal Owner thereof, pursuant to a written or unwritten agreement, whether or not a fee is required b t�greement. C dwelling. Tenant. A person who occupies a rental dwelling_ DIVISION 3. - RENTAL HOUSING -LICENSING — GENERAL LICENSING PRIDVISIONS Section 12-252. General Licensing Provisions for all single- and two-family rental properties. O License Required. No person shall rent a single-family detached dwelling unit or all or part of a two-family dwelling unit, regardless of the zoning_ district, to another for occupancy unless the Cit�Lhas issued a rental license for the dwelling unit. Code. (d) License Terms. All rental dwelling units shall 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 property 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 property and the City's Tiered Rental Housing Inspection Program. Licenses will expire at midnight on April 15 of the assigned year. Licenses must be renewed at least 30 days prior to the expiration of the current license. Rental dwelling units must be licensed as a single- family dwelling, two-family dwelling where only one unit is being rented; or two-family dwelling. Any unlicensed rental single-family or two-family dwelling units are subject to penalties as provided in Chapter 1 Sections 1-13 or 1-14 in the Spring Park City Code. (e) License Issuance. The City shall issue a dwelling unit rental license if real estate taxes and municipal utility bills for the dwelling unit have been paid and City has no record of unresolved complaints regarding, the property subject to the rental license. (fl Insnection Required. Before a Property can be issued a license, an inspection by the Building Official is required. The property shall 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. (g) Renewal of License. A Licensee may continue to rent a dwelling unit after the expiration date the Building Official. another dwelling unit. shall the or to submit an amended license application to the City within 30 days of the change.y rental dwelling units are added to a current license, the additional rental dwellings) must be licensed by amendment of the current license and must be accompanied by the fee required (a) License Suspension or Revocation or Refusal to Renew. A dwelling unit rental license is subject to suspension or revocation by the City Council or the City may refuse to renew a license that expires, for the reasons specified herein. Prior to suspension or revocation the Owner shall be notified in writing at least ten (10) days prior to the City Council's consideration of such action. In the event that a dwelling unit rental license is suspended or revoked by the City Council, or a renewal application is denied it shall be unlawful for the Owner to thereafter permit any new occupancy for vacant or thereafter vacated dwelling units until the dwelling unit rental license has been reissued. Issuance of a new dwelling unit rental license shall be made in the manner provided for obtaining an initial license. A dwelling unit rental license may be suspended or revoked, or renewal may be refused, for any of the following reasons: (1) Failure of Owner or its Agent to operate or maintain the dwelling unit in compliance with the provisions of the City s regulations. (2) The activities of the Owner or tenants of the rental unit create or have created a danger to the public health, safety or welfare. (3) The Owner or tenants of the rental unit occupy and/or operate the unit in a manner that permits conditions that injure, annoy, or endanger the safety, health, morals, comfort and repose of any member of the public. DIVISION 5 — REVOCATION Section 12-254. (a) one or more rental dwelling units at the reasonab � �kretion of the City Council. The basis for such revocation suspension, denial or non-rene `" ama include but shall not be limited to, any of the following circumstances: , (1) The license was procured by misrepresentation of hWerial 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 accompanyingthe he application. (3) The applicant has failed to comply with any condition set forth in any other permits granted by the City. (4) The activities of the owner create or have created a danger to the public health, safety, or welfare. (5) The rental dwelling unit contains conditions that might injure or endanger the health, safety, or welfare of any member of the public. (6) Failure to pay any application fee or reinstatement fee required by this article. (7) Failure to correct any code violations in the time period specified in the notice of 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(s) required of the applicant for the approval or maintenance of the license. (b) Fines. In lieu of or in addition to revokingor r suspending a license for violations of this article the City in its sole discretion may impose a civil fine pursuant to and in accordance with Spring Park City Code, section 1-14. (c) Notification. The City shall notify the owner or the owner's agent in writing of the basis for a revocation, suspension, denial or non -renewal and the date upon which the City council will review a recommendation to revoke, suspend deny, or not renew the license. The notice required by this section shall be mailed to the owner or the owner's agent at least 10 days before the City Council hearing. Service shall be deemed sufficient if the notice is sent to the owner or the owner's agent by first class mail at the address provided in the license application. (d) City Council Meeting. The owner or the owner's agent shall be given an opportunity to be (e) compliance with all terms of this article for as long as any rental dwelling units in the building are occupied. (f) License Process after Revocation, Suspension, Denial or Renewal Declination. After the Cit Council revokes, suspends, denies or declines to renew a license no license will be issued for the affected rental dwelling unit(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. 12-256. — Effect of Revocation, Suspension, Denial or Non -Renewal. If a license is revoked, suspended, denied or not renewed by the Citv Council, it shall be unlawful for the owner or the owner's agent to thereafter permit the occupancy of the then vacant or, thereafter vacated, rental dwelling unit(s), until such time as a valid rental license is obtained for the rental dwelline unit(s). Issuance of a new license after revocation, suspension, denial or non -renewal shall be made in the manner provided for in this article. DIVISION 6 - LIABILITY. Section 12-256. No Warranty by 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. Section 12-257. Liability. Neither the City nor its employees or agents shall be deemed liable for damages to a third person or property by reason of this Chapter. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Spring Park City Council the ATTEST: '✓Iayor Theresa Schyma, City Clerk a 2020. City of Spring Park Staff Payroll 08-15-20 Checks 31949-31973 / 2Gt Check # Employee/Council Name Check Amount Check Date 5670 Famiok, Sharon L. Schyma, Theresa J. Tolsma, Daniel J. - $1,355.61 8/15/2020 8/15/2020 5671 $2,322.39 $2,780.23 - - $6,458.23 5672 8/15/2020 Sub Total Chase, Mark — -- - Hoffman, Jeff � $0.00 _ Horton, Pam Hughes, Gary Rockvam, Jerry Sub Total Electronic Misc. Disbursements EFT# PERA Employee/Employer Payroll Payment for 8/15/20 $1,271.58 8/17/2020 EFT# FICA Employee/Employer Payroll Withhold!Taxes for 8/15120 $2,288.56 8/17/2020 Sub Total $3,560.14 Claims Ck#031949 - Ck#031973 .;TOTALS $45,337.39 8/17/2020 - — -- $55,355.76 CITY OF SPRING PARK 08/13/20 *Check Summary Register© August 2020 Name Check Date Check Amt 10100 Wells Fargo Bank NA Paid Chk# 031949 A STEP UP WINDOW CLEANING 8/17/2020 $636.00 Power Wash /Clean Gutters/Wash Paid Chk# 031950 ADVANCED POWER SERVICES, 8/17/2020 $2,065.00 Service Call to Troubleshoot L Paid Chk# 031951 BANYON DATA SYSTEMS, INC. 8/17/2020 $1,490.00 Purchased PSN Internet Ebills Paid Chk# 031952 CITY OF BLOOMINGTON 8/17/2020 $21.00 July 20' Water Testing Fees Paid Chk# 031953 CENTERPOINT ENERGY 8/17/2020 $192.84 Gas Usage for Lift#1-5 - 6/20/ Paid Chk# 031954 COORDINATED BUSINESS SYST 8/17/2020 $244.36 HP4200n Laser Printer Maintena Paid Chk# 031955 ECM PUBLISHERS, INC. 8/17/2020 $281.42 Pubish Notice of Bids for West Paid Chk# 031956 EHLERS 8/17/2020 $750.00 2020 Continuing Disclosure Rep Paid Chk# 031957 FIVE TECHNOLOGY, INC. 8/17/2020 $280.00 Aug.20' Monthly IT Managed Uti Paid Chk# 031958 GOPHER STATE ONE -CALL 8/17/2020 $36.45 Jul.20' Locates - 27 ea. Paid Chk# 031959 HK HYDRO KLEAN, LLC 8/17/2020 $14,319.28 Clean & Televise Lift#1 Paid Chk# 031960 INNOVATIVE OFFICE SOLUTION 8/17/2020 $123.14 Misc. Office Supplies Paid Chk# 031961 JUBILEE FOODS 8/17/2020 $291.34 Hand Sanitizer & Masks Paid Chk# 031962 MEDIACOM, LLC 8/17/2020 $226.90 Internet Services - 8/11/20-9/ Paid Chk# 031963 MNSPECT, LLC 8/17/2020 $3,382.45 Jul.20' Plan Check Fee Paid Chk# 031964 NAVARRE TRUE VALUE HARDW 8/17/2020 $26.96 Weed Killer for West Arm Road Paid Chk# 031965 NORTHWEST ASSOC. CONSULT 8/17/2020 $5,954.30 Jul.20' Planning Services - Co Paid Chk# 031966 REPUBLIC SERVICES, INC 8/17/2020 $1,138.03 Jul.20' Residential Recycling Paid Chk# 031967 SECURITY & SOUND CO 8/17/2020 $125.00 Service for troubleshooting se Paid Chk# 031968 SPECIALIZED ENVIROMENTAL T 8/17/2020 $71.50 Jul.20' yard waste dropped at Paid Chk# 031969 SWEETWATER CONST.COM., LL 8/17/2020 $7,427.68 Covid Plexiglass Shields for C Paid Chk# 031970 TEMACA IRRIGATION LLC 8/17/2020 $433.44 Irrigation Service Call & Part Paid Chk# 031971 US BANK 8/17/2020 $776.82 Summer 2020 Newsletter Direct Paid Chk# 031972 VESSCO, INC. 8/17/2020 $246.42 Parts to Rebuild Injector for Paid Chk# 031973 XCEL ENERGY 8/17/2020 $4,797.06 Electric Usage for Lift#4 - 6/ Total Checks $45,337.39 CITY OF SPRING PARK 08/13/20 9:56 AM Page 1 *Check Detail Register© August 2020 Check Amt Invoice Comment 10100 Wells Fargo Bank NA Paid Chk# 031949 8/17/2020 A STEP UP WINDOW CLEANING LLC E 101-41900-401 Repairs/Maint Buildings $636.00 6818 Power Wash /Clean Gutters/Wash Windows for City Hall Total A STEP UP WINDOW CLEANING LLC $636.00 Paid Chk# 031950 8/17/2020 ADVANCED POWER SERVICES, INC. E 602-49450-495 LS Repair/Maint $2,065.00 2108 Service Call to Troubleshoot Lift#5 on 4/3/20 Total ADVANCED POWER SERVICES, INC. $2,065.00 Paid Chk# 031951 8/17/2020 BANYON DATA SYSTEMS, INC. E 101-41500-207 Computer Support/Supplies $496.66 00160581 Purchased PSN Internet Ebills Module & Annual Support E 601-49400-207 Computer Support/Supplies $496.67 00160581 Purchased PSN Internet Ebills Module & Annual Support E 602-49450-207 Computer Support/Supplies $496.67 00160581 Purchased PSN Internet Ebills Module & Annual Support Total BANYON DATA SYSTEMS, INC. $1,490.00 Paid Chk# 031952 8/17/2020 BLOOMINGTON CITY OF E 601-49400-306 Testing Fees $21.00 2000191 July 20' Water Testing Fees Total BLOOMINGTON CITY OF $21.00 Paid Chk# 031953 8/17/2020 CENTERPOINT ENERGY E 101-41900-381 Utilities/Electric/Gas $17.06 073020A Gas Usage for City Hall - 6/20/20-7/22/20 E 601-49400-381 Utilities/Electric/Gas $79.66 073020E Gas Usage for WTP - 6/20/20-7/22/20 E 602-49450-381 Utilities/Electric/Gas $96.12 073020C Gas Usage for Lift#1-5 - 6/20/20-7/22/20 Total CENTERPOINT ENERGY $192.84 Paid Chk# 031954 8/17/2020 COORDINATED BUSINESS SYSTEMS E 101-41500-413 Office Equipment/Rental $81.45 101342 HP4200n Laser Printer Maintenance Contract Fee 8/5/20- 8/4/21 E 601-49400-413 Office Equipment/Rental $81.45 101342 HP4200n Laser Printer Maintenance Contract Fee 8/5/20- 8/4/21 E 602-49450-413 Office Equipment/Rental $81.46 101342 HP4200n Laser Printer Maintenance Contract Fee 8/5/20- 8/4/21 Total COORDINATED BUSINESS SYSTEMS $244.36 Paid Chk# 031955 8/17/2020 ECM PUBLISHERS, INC. E 101-41600-351 Legal Notices Publishing $23.13 786663 Publish Notice for Public Accuracy Test of Equipment for the Primary Election 8/11/2020 E 101-41600-351 Legal Notices Publishing $30.84 786664 Publish Notice of Primary Election on 8/11/2020 E 101-41600-351 Legal Notices Publishing $111.80 788924 Pubish Notice of Bids for West Arm Road Sanitary & Water Improvement Project 9/4/2020 E 101-41600-351 Legal Notices Publishing $115.65 788925 Publish 2019 TIF Discolsures Total ECM PUBLISHERS, INC. $281.42 Paid Chk# 031956 8/17/2020 EHLERS & ASSOCIATES, INC. E 101-41500-310 Contracted Services $750.00 84103 2020 Continuing Disclosure Reporting Total EHLERS & ASSOCIATES, INC. $750.00 Paid Chk# 031957 8/17/2020 FIVE TECHNOLOGY, INC. E 101-41500-330 IT Technology Support $93.33 10820-17 Aug.20' Monthly IT Managed Utility Service CITY OF SPRING PARK 08/13/20 9:56 AM Page 2 *Check Detail Register© August 2020 Check Amt Invoice Comment E 601-49400-330 IT Technology Support $93.33 10820-17 Aug.20' Monthly IT Managed Utility Service E 602-49450-330 IT Technology Support $93.34 10820-17 Aug.20' Monthly IT Managed Utility Service Total FIVE TECHNOLOGY, INC. $280.00 Paid Chk# 031958 8/17/2020 GOPHER STATE ONE -CALL E 601-49400-310 Contracted Services $18.22 0070746 Jul.20' Locates - 27 ea. E 602-49450-310 Contracted Services $18.23 0070746 Jul.20' Locates - 27 ea. Total GOPHER STATE ONE -CALL $36.45 Paid Chk# 031959 8/17/2020 HK HYDRO KLEAN, LLC E 602-49450-491 LS Repair/Maint $6,294.64 071305A Clean & Televise Lift#1 E 602-49450-492 LS Repair/Maint $6,294.64 071305B Clean & Televise Lift#2 E 602-49450-496 LS Repair/Maint $1,730.00 071305C Clean Bar Screen at Lift#6 Total HK HYDRO KLEAN, LLC $14,319.28 Paid Chk# 031960 �8/17/2020 INNOVATIVE OFFICE SOLUTIONS E 101-41410-200 Office Supplies $70.00 IN3054175 Misc. Election Supplies E 101-41500-200 Office Supplies $17.71 IN3054175A Misc. Office Supplies E 601-49400-200 Office Supplies $17.71 IN3054175A Misc. Office Supplies E 602-49450-200 Office Supplies $17.72 IN3054175A Misc. Office Supplies Total INNOVATIVE OFFICE SOLUTIONS $123.14 Paid Chk# 031961 8/17/2020 JUBILEE FOODS E 101-41500-299 Admin Expenses $291.34 080320 Hand Sanitizer & Masks Total JUBILEE FOODS $291.34 Paid Chk# 031962 8/17/2020 MEDIACOM, LLC E 101-42000-324 Internet Service $75.63 080120 Internet Services - 8/11/20-9/10/20 E 601-49400-324 Internet Service $75.64 080120 Internet Services - 8/11/20-9/10/20 E 602-49450-324 Internet Service $75.63 080120 Internet Services - 8/11/20-9/10/20 Total MEDIACOM, LLC $226.90 Paid Chk# 031963 8/17/2020 MNSPECT, LLC E 101-42400-305 Plan Check Fees $1,084.82 8403A Jul.20' Plan Check Fee E 101-42400-310 Contracted Services $2,297.63 84038 Jul.20' Residential/Commercial Inspection & Permit Fees Total MNSPECT, LLC $3,382.45 Paid Chk# 031964 8/17/2020 NAVARRE TRUE VALUE HARDWARE E 101-45200-404 Repairs/Existing Equip $1.48 325640 Bolts to install new picnic table at Wilkes Park E 101-41900-215 Shop Supplies $2.99 326153 Oil for Chain Saw E 101-41900-215 Shop Supplies ($0.50) 326154 Credit on Oil for Chain Saw E 101-43100-402 Repairs/Maint Streets/Strm Sew $22.99 326161 Weed Killer for West Arm Road East Total NAVARRE TRUE VALUE HARDWARE $26.96 Paid Chk# 031965 8/17/2020 NORTHWEST ASSOC CONSULT (NAC) E 101-41910-310 Contracted Services $1,954.50 24885-1 Jul.20' Planning Services - Rental Housing Ordinance - 18.60 hrs. E 101-41910-310 Contracted Services $961.20 24885-2 Jul.20' Planning Services - Code Enforcement - Stan Wise Property - 5.40 hrs. CITY OF SPRING PARK 08/13/20 9:56 AM Page 3 *Check Detail Register© August 2020 Check Amt Invoice Comment G 101-21700 Escrow Account $373.80 24885-3 Jul.20' Planning Services - Berry Sideyard Variance at 4317 Channel Road G 101-21700 Escrow Account $587.40 24885-4 Jul.20' Planning Services - Ward Street Side Variance 4364/4368 West Arm Road - 3.30 hrs. E 101-41910-310 Contracted Services $1,477.40 24885-5 Jul.20' Planning Services - General - 8.30 hrs. E 101-41910-310 Contracted Services $600.00 24886 Jul.20' Planning Services - Meetings - 8.80 hrs. otal NORTHWEST ASSOC CONSULT (NAC) $5,954.30 Paid Chk# 031966 8/17/2020 REPUBLIC SERVICES, INC. E 101-42900-310 Contracted Services $1,138.03 0894-0052196 Jul.20' Residential Recycling Services - 7/1/20-7/31/20 Total REPUBLIC SERVICES, INC. $1,138.03 Paid Chk# 031967 8/17/2020 SECURITY & SOUND CO E 101-41900-404 Repairs/Existing Equip $125.00 21942 Service for troubleshooting security cameras on 11/21/19 Total SECURITY & SOUND CO $125.00 Paid Chk# 031968 8/17/2020 SPECIALIZED ENVIRO.TECHNO.INC. E 101-42800-310 Contracted Services $71.50 073120 Jul.20' yard waste dropped at Mulch Store Total SPECIALIZED ENVIRO.TECHNO.INC. $71.50 Paid Chk# 031969 8/17/2020 SWEETWATER CONST.COM., LLC E 101-41410-437 Other Miscellaneous $670.94 248 Covid Plexiglass Shields for Council Chamber's Voting E 201-41900-520 City Hall Ramp Project $6,756.74 250 Purchase/Install Handicap Exit Door Total SWEETWATER CONST.COM., LLC $7,427.68 Paid Chk# 031970 8/17/2020 TEMACA IRRIGATION LLC E 101-45200-310 Contracted Services $433.44 8399 Irrigation Service Call & Parts Total TEMACA IRRIGATION LLC $433.44 .. ... ....... ...... Paid Chk# 031971 8/17/2020 US BANK E 101-41410-437 Other Miscellaneous E 101-41410-437 Other Miscellaneous E 101-41900-437 Other Miscellaneous E 101-41500-350 Print/Binding E 101-43150-402 Repairs/Maint Streets/Strm Sew E 101-41500-330 IT Technology Support E 101-41500-299 Admin Expenses E 101-41410-437 Other Miscellaneous E 601-49400-322 Postage & Meter E 602-49450-322 Postage & Meter E 601-49400-322 Postage & Meter E 602-49450-322 Postage & Meter E 201-41900-520 City Hall Ramp Project E 101-43150-402 Repairs/Maint Streets/Strm Sew $32.24 070720 Purchase (2) 3x6 Pleated Fan/Stripe Banners for Elections $7.75 072220 Elections - Flat Rate 1-Day Envelope $24.62 072920 Purchased mini hook w/adhesive for Handicap Door Key $42.96 073120 Summer 2020 Newsletter Folding Expense $55.86 10209992 Purchased Catch Basin Insert on West Arm East $83.00 1258847553-6 Aug.20' GoToMyPC Fee $75.24 34234248 Aug.20' Zoom Fee $141.84 6211448 Purchased from Amazon (2) metal shelves for 2020 Elections $9.38 6758381 Summer 2020 Newsletter Direct Mail Expense from Mound Post Office $9.37 6758381 Summer 2020 Newsletter Direct Mail Expense from Mound Post Office $101.13 6758487 Summer 2020 Newsletter Direct Mail $101.14 6758487 Summer 2020 Newsletter Direct Mail $41.00 7040 Electrical Inspection Permit Fee from MNSPECT for Handicap Door $51.29 W B916134447 Purchased Catch Basin insert for West Arm Road Drive CITY OF SPRING PARK 08/13/20 9:56 AM Page 4 *Check Detail Register© August 2020 Check Amt Invoice Comment Total US BANK $776.82 Paid Chk# 031972 8/17/2020 VESSCO INC E 601-49400-400 Repairs/Maint General $246.42 80841 Parts to Rebuild Injector for Chlorine in WTP Total VESSCO INC $246.42 Paid Chk# 031973 8/17/2020 XCEL ENERGY E 101-43100-381 Utilities/Electric/Gas $11.95 0852298351 E 101-43100-381 Utilities/Electric/Gas $58.20 0852407652 E 602-49450-381 Utilities/Electric/Gas $91.36 0853710677 E 602-49450-381 Utilities/Electric/Gas $67.88 0853711247 E 101-43100-381 Utilities/Electric/Gas $171.78 0853712218 E 601-49400-381 Utilities/Electric/Gas E 101-43100-381 Utilities/Electric/Gas $2,139.20 0853712714 $62.72 0853712868 E 602-49450-381 Utilities/Electric/Gas $172.20 0853712999 E 602-49450-381 Utilities/Electric/Gas $919.03 0853713397 E 602-49450-381 Utilities/Electric/Gas $111.57 0853713461 E 602-49450-381 Utilities/Electric/Gas $22.52 0853713503 E 101-43100-381 Utilities/Electric/Gas $328.00 0853713624 E 101-43100-381 Utilities/Electric/Gas $137.13 0853714681 E 101-43100-381 Utilities/Electric/Gas $503.52 853714662 Total XCEL ENERGY $4,797.06 10100 Wells Fargo Bank NA $45,337.39 Fund Summary 10100 Wells Fargo Bank NA 101 GENERAL FUND $16,401.32 201 PUBLIC IMPROV REVOLVING FUND $6,797.74 601 WATER FUND $3,379.81 602 SEWER FUND $18,758.52 $45,337.39 Electric Usage for Unit X-Mas Lights - 6/24/20-7/26/20 Electric Usage for Middle Street Lights Electric Usage for Lift#3 - 6/24/20-7/26/20 Electric Usage for Lift#5 - 6/24/20-7/26/20 Electric Usage for Central & North Street Lights - 6/24/20- 7/26/20 Electric Usage for WTP - 6/24/20-7/26/20 Electric Usage for Traffic Signal at 4300 Shoreline Drive - 6/24/20-7/26/20 Electric Usage for Lift#2 - 6/24/20-7/25/20 Electric Usage for Lift#6 - 6/24/20-7/25/20 Electric Usage for Lift#1 - 6/24/20-7/25/20 Electric Usage for Lift#4 - 6/24/20-7/26/20 Electric Usage for City Hall - 6/24/20-7/26/20 Electric Usage for Traffic Signal & East Street Lights - 6/24/20-7/26/20 Electric Usage for Co -Owned Street Lights - 6/24/20- 7/25/20 Contact Greg Pederson Telephone 952-472-3555 Fax 952-472-3775 Email moundfire@moundfire.com Website Moundfire.com FOR IMMEDIATE RELEASE August 13, 2020 MOUND FIRE AWWARDED FEDERAL GRANT OF $1519758 Mound, MN, August 13, 2020: On July 31, 2020 the Mound Fire Department was awarded a federal grant of $151,758 from U.S. Department of Homeland Security and the FEMA Assistance to Firefighters Grant (AFG) program. The AFG grant program is federally funded with goals to improve fire department operations, with a focus on firefighter Health and Safety. This grant will fund the purchase of 22 new Self -Contained Breathing Apparatus (SCBA) units. SCBA are the air tanks and masks that firefighters wear when entering a hazardous or smoke filled environment. This AFG Grant allows us to replace all of our old -obsolete SCBA units that are now 17 years old. The new equipment will be a substantial upgrade to meet the up-to-date National Fire Protection Association (NFPA) Safety Standards (our existing SCBA units are non -compliant and considered to be obsolete). This grant award is very exciting news for our dedicated staff of 40. The primary benefactor of this grant will be the Mound firefighters. Nonetheless, the impact of this grant does not stop with our firefighters, or the 15,840 residents we serve, and $2.60 billion in property values we protect. The grant program requires and 5% match, therefore the fire department budget must contribute $7,587 which is a relatively small amount of the entire project cost of $159,346. Our administrative staff is proud of our achievements with regard to grant awards. Over the past 7 years our fire department has added $515,449.20 in revenue through donations, fund raising efforts and grants. If you would like more information or details about this topic, please contact Greg Pedersonat 952-472- 3555 or email at moundfire@moundfire.com. Attachment: SCBA images Aw MORE lilts I!, u'i iF mmmw�jwr"m I m r it FIN"U.- It SPRING PARK On Lake 914innaon4 CITY OF SPRING PARK CITY COUNCIL MINUTES AUGUST 17, 2020 — 7:00 PM SPRING PARK CITY HALL 1. CALL TO ORDER - The meeting was called to order by Mayor Rockvam at 7:06 p.m. Council Members Jerome P. Rockvam, Mayor; Mark Chase; Pamela Horton; and Gary Hughes Present: Council Members Jeff Hoffman Absent: Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; Mary Tietjen, City Attorney; and Theresa Schyma, City Clerk 2. PLEDGE OF ALLEGIANCE — Mayor Rockvam led the audience in the Pledge of Allegiance. 3. ADOPT MEETING AGENDA M/Hughes, S/Chase to adopt the meeting agenda. Motion carried 4-0. 4. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from August 3, 2020 M/Horton, S/Chase to adopt the Consent Agenda. Motion carried 4-0. 5. PUBLIC FORUM — None. 6. PRESENTATIONS & GUEST SPEAKERS — None. 7. PUBLIC HEARINGS — None. 8. PETITIONS, REQUESTS, & APPLICATIONS — None. 9. ORDINANCES & RESOLUTIONS a. Ordinance 20-02: Long -Term Rental Licensing M/Rockvam, S/Chase to approve Ordinance No. 20-02, amending Spring Park City Code to license and regulate long-term rental properties in single-family and two-family properties in the C4. Council Member Hughes stated he is not in favor of this ordinance. He believes that the escrow process with Hennepin County is adequate to resolve landlord and tenant issues in the City. City Administrator Tolsma stated that the short-term rental ordinance will come to the Council for consideration at the second Council meeting in September. Mayor Rockvam thanked the Planning Commission for the time and effort they put into crafting this proposed ordinance. Mayor Rockvam requested a roll call vote. Motion DENIED 4-0. (Nay votes — Chase, Horton, Hughes, and Rockvam; no votes in favor) 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor & Council Mayor Rockvam discussed the current contract and future of Public Works services for the City. He stated that he would like to see all Public Works services be contracted to the City of Orono instead of the current contractor PeopleService. He added that he would like to make this decision soon so that the current contractor and future contractor would have adequate time to transition. City Administrator Tolsma responded that he has had conversations with the City of Orono and PeopleService regarding proposals for Public Works services once the current contract with PeopleService ends in September 2021. He stated that the proposals should be ready for discussion at the September City Council Work Session. Council Member Chase provided an update from the most recent Lake Minnetonka Cable Commission Meeting. He said at the meeting the budget was approved and they'll be installing new video cameras with Spring Park potentially being installed sooner rather than later. Council Member Hughes provided an update on the Mound Fire Department and discussed a recent $151,000 grant the department received. b. City Staff — City Clerk Schyma provided an update on the State Primary Election held on August 11, 2020. c. Contract Staff — None. 11. NEW BUSINESS & COMMUNICATIONS — None. 12. CLAIMS FOR PAYMENT a. August 17, 2020 Claims M/Horton, S/Chase to approve all claims for payment. Motion carried 4-0. 13. UPCOMING MEETINGS & TRAINING a. August 26 — LMCD Work Session at 6:00 PM with Regular Meeting at 7:00 PM b. September 8 (Tuesday) — City Council Meeting — 7:00 PM 14. MISCELLANEOUS INFORMATION ONLY, a. Mound Fire Department Grant Press Release 15. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:22 p.m. Date Approved: September 8, 2020 Dan Tolsma, City Administrator Theresa Schyma, City Clerk SPRING PARK On Lake %innetonka CITY OF SPRING PARK WORK SESSION AGENDA AUGUST 17, 2020 — 6:00 PM SPRING PARK CITY HALL (Work Session discussion times are approximate) 1. 6:00 — 4000 SUNSET PROPERTY LINE DISCUSSION 2. 6:30 — FIRE DISTRICT DISCUSSION 4. 6:55 — CODE ENFORCEMENT POLICY DISCUSSION 5. 6:55 - ADJOURN I 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. 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'e op ��at,,�ti�IPTIoi�:oF aIts��tttvl�r�n; That pelt of L91 id, Addtt�h.t0 tlAlnnstonka dp;g �Irs fbilowa;, " ' outheei t+Ny NRe o► said Lot 14 dlsla�4?et Nortihlrast #igil `Southlt btv 1%ne of said dot 14from Most 5outh"ii �; thbn¢e North i-4e�ees 22 minutes . , West^ts{ l;shore.of LakN ,thonceNortheasail long the shore of said Lakd, lithe most Nort eotttet of Lot I thenceeastbryalong the NorthsaA I1". of.sald �I fsoa �i•}-b� most Easterly ereof; thence S the :jr bf said l at 14 .lance of h8.5 feet, sloryt more or • ;t9 the pokit gkittlnp• *Note: f19e; gove.descriptIO1$ 4# In thOIItMs►ef� a proceeding on a bearing of'Y�torth 66 degreag'22M11tUte1iYKlnit'1�sarrinpwRhbut giving a basis for that bearing'410 occupatIOn iiijeb t10 lid, ill4;'l�tt�hPtWns; thryreTore some type of judicial action IYitiy have toJApj>3iloldtl9 tfNi�.ei;►lese probleMs. T1Ys tiD Ov- 61the above described property, and does not "It to ehow.gny other the k�`$1���.. . ,.t •. BoazslloKm � 1IA � • 1 [N• _WT SCALE DATE b-17_94 /' _ .90 ' ray /f•27.96 SHEET NO. IN,, \ _ Certificate of Survey ('+.��,;' ,\ and Topographic Survey =a x 4w ft— msox XmUs Lot 14 co / r��, \ t+ MM NOW ONE.. « AP L.1 14 SWAND A•. ...�.. Awr ..wr « \ / /J1 llIO01•SIY MAMMMU Aa#XVN AO • M Nw II.M �wwwb w / • w••cas.W. A•wW �0� Art.�wK wwis`w��� a"s��wi .�i.... \ xsft. EXHIBIT C Cwtifts ,..w srwwr ww. awAc f1 of swwY &Vd TOPGFvphk /A..•l—%wmmaiw.wxPiws • �.Sw/s�a�w•ww/AwV S•nq of Lot 14 9CAgP AM LIADOWTIS 'ww— r.-"W—ww•r.• Aww.�dWaw. o awr.larw►yf4Mer4./�• NA , t w. t'°""`�' .�,-.-Wwm. . Joe Cheney T„� A,w „SW.W www,m~mwLA; .m w «r.sr.«amowmm p..r.a c•r tAawsr: aer' aa.eer F 3-n-n - P, . A&%*. - saa PWEa 10-30-18 M.J.H. 1"=10' P.E.O. SOpArES A"WNA Certificate of Survey and Topographic Survey 14, �- o ter! — ewdter E,:rr�q Cwrrae. \ r�no x Mnolsr E+41"rq Spot ENwI� V 11 r• oaroln FvrifrM Floor (lewfbn pp� `•j��dq /// + S t th n \ Fll ewrorer Poew PaN fffffw va» / ��\ .. � dwrores ffbrw vwfoH var» r wrrr�yf,�, Pyr. ^�30 Sot12U 7)/rF 35 FW'fr Lk* NNI Lot 14 e,. w A— . 76eor If. ti aH. W.L. r ��1q � • situ '. .'. P17a°EeIY LCSLY71PIIUV: SurwYPr NOIe. T / � � .. -� . chat part of Lot fe, SLAW AIO the .r tron teq d—rlllfxkr o frefn e/ 1 / I A . . LI10Q'/SrS NAM!;L AOVO/ FO t»wMgr. fye Mw / d --I, on * . AWWKTOWA. HwnH OamlK Mk~wldlrtarrce M the S ffi paperfY Li» Mof fit bf MereoY xca-dFq fo Ma recardN pof 367 wlhb 05 Net oM fynq rlwalwdrHY of a Me bvwr MorM urM Ihlr Ibs os fM mawrnenfed 55 dpw11 mrrteIb pns-1.-.fHYfw ... EXHIBIT D 36700 Nt Hwl yr—wdnq � fM Soufhwafwly Are of wid Lot hdn �7 mesr Sav~, corvw Mwwl Certificate of Survey and Topographic rhwwbYm*#afei WVW..PAmW • drralsiwvlamuat,bue Survey of Lot 14, SKARP AND LINDOUIST'S 'Wml O1P''w'dq'G11011'd'rf"' o fraA>aMtrM'car" 0 d—les W#b f 14 wan �cf..O.rM.Yff wwfwlrr." Joe Cheney HAZE Henn An County TO Meseta NKA, LkmvWdLrd&n qy erdrmwo s Plast nr S*.a by °2 Hennepin County, Minnesota gdeiiq sub of— I . .` ' At�h Mf SM13 MrrdmHlad by Licenad Mlap67 RerYaG.' ONe: O.afrr! By: Srre: CMd a By. ' ' V L�'4777 Fu T7J3C -W2 P.def3r 1030-18 M.J.H. 1"=10' P.E.O. sst3a�res �� sas LI—eOmm Via Y-r.-taw a fp.iewa s tape surr+/vs. Lva 18-0496 S A N F O R D I PIERSON www.ssmnlaw.com T H O N E I STREAN LN) ATTORNEYS AT LAW James A. Sanford' Christopher J. Pierson Jeffrey W. Thone Courtney M. Strean Andrew J. Meyer Kirby C. Graff " Matthew W. Simenstad August 12, 2020 City of Spring Park Attn: Dan Tolsma, City Administrator VIA E-MAIL 4349 Warren Avenue Spring Park, MN 55384 dtolsma@ci.spring-park.Inn.us Re: Lake Minnetonka Condos, LLC 4000 Sunset Drive Spring Park, MN 55384 Our File No. 19-0517-2 Mr. Tolsma: As you are aware, our firm represents Lake Minnetonka Condos, LLC and its owner, Joe Cheney, in connection with 4000 Sunset Drive (the Property), which is owned by Lake Minnetonka Condos. First, let me say that we appreciate the City of Spring Park's willingness to openly discuss the issues regarding the Property and work cooperatively with Mr. Cheney to come to a mutually beneficial resolution. The City is well-acquainted with those issues, as Mr. Cheney brought them to the City's attention shortly after he purchased the Property in October 2018. Namely, the paved alleyway adjacent to the northern lot line being used as a public right-of-way to access Lake Minnetonka encroaches substantially on the Property. It is our understanding the City has had several internal discussions on this matter and plans to address it further at its Work Session and Board Meeting on August 1.7, 2020. This letter is intended to inform that discussion and propose a solution. Mr. Cheney previously provided the City with a Certificate of Survey from Otto Associates Engineers & Land Surveyors, Inc. dated October 30, 2018, a copy of which is attached to this letter. That survey clearly shows that the bituminous -surfaced alleyway constructed by the City encroaches on the Property between approximately 6.8 and 10.4 feet at various points. To be sure, the original plat from 1906 does dedicate the alley between Lots 14 (the Property) and Lot 13 to the public. However, the alley was either mistakenly constructed too far to the south and therefore on Lot 14, or the paved surface has expanded over the years to encroach on the Property. Mr. 1 SANFORD, PIERSON, THONE d. STREAN, PLC tel: 952.404.2100 I fox: 952.404.2111 1 1905 East Wayzata Boulevard f Suite 220 f Wayzata, MN 55391 Admitted in Wisconsin " Admitted in North Dakota Cheney presented the City with these findings and the attached survey shortly after the survey was conducted. The City has continued to maintain the mis-located alleyway and allow the public to use it to access Lake Minnetonka, thereby trespassing on and damaging the Property and Lake Minnetonka Condos in the process. Additionally, the mis-located alley is not monitored by any state, city, or county agencies, resulting in little to no enforcement of applicable city codes, state law, or environmental regulations. It is also not used as an access point for emergency vehicles. A short distance from the alley is a more optimal public access point in Spring Park that draws far more traffic and is used by first responders and other public officials. Thus, the alley serves as more of a "backdoor" entrance to Lake Minnetonka that creates potential health and safety hazards for the City and its residents and visitors, as well as liability for the City and Lake Minnetonka Condos. The following are just some examples of the issues created by the alley that give rise to those hazards and liability, and continue to interfere with Lake Minnetonka Condos' ownership of the Property: 1) There is no public parking, which results in in boats, trailers, and recreational vehicles parking on the Property; 2) Public using the private dock belonging to Lake Minnetonka Condos while loading boats; 3) No inspection of boats for invasive species; 4) Sharp angle of access from Sunset Drive, which forces the public to trespass on the Property while accessing the lake; 5) Insufficient signage indicating thin ice during the winter; 6) Snow being plowed onto the Property, blocking the driveway and piling up on other areas of the Property, which results in water melting into building on the Property; 7) Inadequate enforcement of curfew resulting in people accessing the lake at all hours; 8) Inadequate monitoring and enforcement of access to the lake during winter, allowing snowmobiles to drive dangerously on the lake and trespass on the Property; and 9) Allowing the public to access neighboring lots by driving on the Property. As that non -exhaustive list shows, the mis-located alley is simply not a workable location for any kind of public access without terrific hardship to the neighboring landowners and risk to the public. Additional issues include, among other things, members of the public leaving trash on the Property, piling rocks on the Property, and water flowing into the lake directly from the street. Mr. Cheney would like to resolve this matter once and for all to the mutual benefit of the City, Lake Minnetonka Condos, and neighboring landowner. To that end, we propose the City vacate the alley as a public right of way. Such a measure is allowed by Minnesota law, subject to certain notice and other requirements —I will simply list the relevant statutes here; I am happy to provide further detail in a separate letter to the City Council and City Attorney if necessary: §440.13 Council may vacate streets in cities of the fourth class. §440.135 Vacating streets, home rule charter city of the third class. §412.851 Vacation of streets (statutory cities.) § 164.07 Establishment, alteration; or vacation of town road. §505.14 Vacation (court action.) In short, Mr. Cheney is prepared to petition the City, along with the neighboring landowner to the north, Don Driggs, pursuant to Minn. Stat. §440.13. Alternatively, it appears the City Council may, pursuant to Minn. Stat. §412.851, do the same by resolution, subject certain requirements. Mr. Cheney would like to cooperate with the City's prompt efforts to do this efficiently and economically. He obviously has an incentive to prevent any further damage and trespass on the Property; but also has the City's best interest in mind to eliminate the hazards and risks to the environment and public health and safety. If the City does not vacate the alley, it will need to be moved to its correct location. Not only would that require substantial work at the City's expense, it would also entail tearing up and paving a piece of land that the neighboring landowner has occupied and used as his own, apparently with the City's blessing, for many years. I suggest we recognize that the purpose for this alley as a public right of way was frustrated years ago when the City allowed the alley to encroach on Lot 14 so substantially. Removing and correcting the existing encroachment will only result in further detriment to the owner of Lot 13 without correcting the other issues created by the access. Again, the alley is simply not a workable location for the public to access Lake Minnetonka and, therefore, should be vacated. With the above in mind, we urge you to consider vacating the alley as a public right of way. It appears to be a reasonable solution and in the best interests of all parties. Please contact me at matts@ssmnlaw.com or (952) 404 — 2100 or Mr. Cheney if you have any questions or require further information. Please provide this information to the Council and/or as appropriate so it can be considered at the upcoming LMCD work session and meeting on August 12, and City Council Work Session and Regular Meeting on August 17. We look forward to working with you further. Thank you for your time. Sincerely, Matthew W. Simenstad cc: Joseph Cheney enc. 3 / Certificate of Survey and Topographic Survey LEGEND 4_��� Ord"tNtl E-Wkv Contow C- Shag X ats E i' � w s Nnoltl Powr Poh dowim wt. Val. dovel. eats 9wtotf V.1 .t•• / + .... tLu ,� A..t.q. SNtwck Fwn Rry.rr LM ...... . 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AwtA ume Mb Ow s Vw mwwrne+Id Fm. ..... .. ` Po:M ii~eA. sevrA.a.e«rj .. . - ... . xz oa a.e N..N...L.,t7 e....ed db., ,, ..... /.. . 1f» SeutH.otlt7 Fn../ raid LN /On I w"l........ ........t......... '.'.' '.'........................................................... J.... .... .. ....... . ..../r... ..... .. ....... ... ...... .. ............. Cert;ficote of Survey and Topographic ta..eeotryirrrtrdut.eceenQ gy • tirrarr�oerttaetrritftbvd Survey of Lot 14, SKARP AND LlkwulST'S A6aKttttfPw~AFttratrttttttbey wwuir�eYYsmn HA2RD£LL ADD1T17JON TO MINN£TONKA. deotawrewwmw0mlt ed4' o "lWm lrl.tdt Ayf4.,ch=r µp. Hennepin County. Minnesota low Joe Cheney .�..a.�e,..« SlBW�bYUaww � Y tw trd�w,a Pm wik/NIp1J MZ _ =��i PYW ar 10-30-18 M.J.H. 1-10, P.E.O. s ;� �Aia 18-0496 J-a.-ae - ww........ - :at ut�..sUosQ ar.� s-r-amo 1_/ CITY OF SPRING PARK SPRING HARK REPORT OF SUSPECTED On L* 94in,uto,4 ORDINANCE VIOLATION Complaint Based Enforcement: The Spring Park City Council has adopted ordinances to preserve and protect the health, safety, and welfare of our community. The primary goal is to obtain voluntary compliance by all Spring Park residents. Because limits to city resources do not permit a comprehensive, city-wide inspection and enforcement program, the city generally enforces its ordinances by responding to complaints regarding alleged violations of the ordinance provisions. City staff is directed to investigate and initiate enforcement procedures as follows: 1. Upon any complaint alleging an it unment threat to public health, safety or welfare. 2. Upon a complaint by one or more residents or property owners in the immediate neighborhood of the alleged ordinance violation. "Immediate neighborhood" includes: o The area within 400 feet of the property where the violation is alleged to exist; or o Property from which the alleged violation can be clearly seen; or o Property that is primarily accessed by driving past the location of the alleged violation. 3. Upon observation of a suspected violation by city staff during the ordinary course of duties, as time permits. In most cases, if a violation is found the property owner will be given a reasonable amount of time to resolve a violation. The investigation and enforcement process take time and you may not see immediate results in response to a complaint. Thank you for your concern and for bringing this matter to our attention. ALL FIELDS ON THIS FORM ARE REQUIRED COMPLMNANT INFORMATION*: Name Telephone # Street Address E-mail Address *Please note that your personal contact information will be kept confidential in accordance with the MN Data Practices Act. PLEASE SELECT YOUR CATEGORY FOR CONCERN: GENERAL NUISANCE Abandoned Vehicle/Property Garbage/Trash/Junk Property Maintenance Public Nuisance Sidewalk (obstruction) Sidewalk (snow/ice) Snow Dumping Street/Right of Way Obstruction Trees (overhanging/diseased) Vacant Building Weeds/Tall Grass Animal Complaint _ Graffiti Noise Parking Peddler/Solicitor POLICE ZONING Building Construction/Violation _ Home Occupation Rental Property Complaint Zoning Violation/Non-Permitted Use Dock Usage/Rental DOCKS Please turn over and complete the remainder of this form. INFORMATION REGARDING SUSPECTED VIOLATION: Street Address of the Suspected Violation: Description of the location of the problem (e.g. behind garage, back NE corner of lot, cross street, etc.): Detailed description of the problem: (attach photos if necessary) (For office use only) ****************************************************************************************************************************** Date complaint rec'd: By: Complainant address within 400 feet? Yes No Date of staff investigation: By: Did an ordinance violation occur? Yes No Date 111 compliance letter was mailed: Deadline for compliance: Date 2nd certified compliance letter was mailed: New deadline for compliance: Date forwarded to Orono Police? Date forwarded to LMCD? Date forwarded to City Attorney? Violation closure date: Additional relevant comments regarding violation or contact with property owner: 0