8/17/2020 - City Council - Work Session - MinutesYa
SPRING PARK
On Lake 911innetonka
CITY OF SPRING PARK
WORK SESSION AGENDA
AUGUST 17, 2020 — 5:30 PM
4000 SUNSET DRIVE, SPRING PARK
CALL TO ORDER - The work session was called to order by Mayor Rockvam at 5:30 p.m.
Council Members Jerome P. Rockvam, Mayor; Mark Chase; Pamela Horton; and Gary Hughes
Present:
Council Members Jeff Hoffinan
Absent:
Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; and Mary Tietjen,
City Attorney
1. *ON -SITE* 4000 SUNSET PROPERTY LINE DISCUSSION
The City Council met on -site at 4000 Sunset Drive to visually inspect and consider several options
for resolving the recent property line issue brought forward by the newest owner of the property
next to a public access area for Lake Minnetonka.
Joe Cheney, owner of 4000 Sunset Drive, and Don Driggs, owner of 3990 Sunset Drive, were also
on -site and part of the discussion.
2. ADJOURN — The work session was adjourned by unanimous consent at 5:50 p.m. in order to
return to City Hall for regular work session beginning at 6:00 p.m.
Date Approved: September 8, 2020
Dan Tolsma, City Administrator
Theresa Schyma, City Clerk
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CITY OF SPRING PARK
WORK SESSION MINUTES
AUGUST 17, 2020 — 6:00 PM
SPRING PARK CITY HALL
CALL TO ORDER - The work session was called to order by Mayor Rockvam at 6:00 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
1. 4000 SUNSET PROPERTY LINE DISCUSSION
City Planner Brixius presented a summary of a property line issue at 4000 Sunset Drive. He
reviewed the history of the property and past surveys that are in dispute. He further discussed a
meeting with the owner of 4000 Sunset Drive and a land surveyor to establish a compromise to
correct this issue. He further detailed four options available to the City to resolve this dispute.
Mayor Rockvam asked how the City came to be involved in this discussion.
City Planner Brixius responded with details about the property line issue at 4000 Sunset Drive.
Mayor Rockvam stated that the City has owned and maintained that piece of property for over 50
years. He believes the City has a case for adverse possession.
Joe Cheney, 4000 Sunset Drive, stated he does not believe that the City maintains it and that he has
been the one to maintain it since he purchased the adjoining property two years ago.
City Planner Brixius stated that the compromised survey was prepared by Mr. Cheney's surveyor
and he is unsure if Mr. Cheney agrees with it.
Mr. Cheney responded that he does not agree with it.
Donald Driggs, adjoining property owner at 3990 Sunset Drive, stated he has a torrens title and that
means his survey has more reliable information. He stated that he will request a copy of the torrens
from the County to help clear up any dispute on his side of the property.
Mayor Rockvam stated that he would like to have a copy of the Driggs torrens to have a starting
point on resolving this issue.
Mr. Cheney stated that he wants his building remodeling/addition plans approved based on his
survey without further delay. He stated that if the City used his survey then he would not need a
variance to get the remodel/addition approved.
Mayor Rockvam restated his earlier point that once the City can view the Driggs torrens then the
City will have a starting point in resolving the issue.
Mr. Cheney disagrees with the need for a variance since the remodel/addition aren't going any
closer to the alley, his plans expand into the street -side setback. He added that he is bleeding money
and needs to move forward on the project.
City Planner Brixius responded that the setback Mr. Cheney is proposing does meet the standard
for averaging. He further detailed what the Code states about the standards of averaging.
Mayor Rockvam stated that setbacks are in place for a reason.
City Planner Brixius stated that the City could wait for the torrens information from the Driggs
property before moving forward.
Council Member Horton agrees with Mayor Rockvam and that the City should view the torrens
information from the Driggs property to have an appropriate starting point.
Council Member Chase agreed as well.
Mr. Cheney stated that he would like to move forward and get his new remodel/addition plans
approved soon.
2. FIRE DISTRICT DISCUSSION
City Administrator Tolsma provided an update on the most recent Fire Commission meeting. Fire
Chief Pederson recommended that all administrators go back to their Councils to take a straw poll
and gauge interest on what the future of the department should be. This will help determine the
next steps and what questions to include on a questionnaire that will be sent to all cities.
Council Member Hughes believes it is a good idea to take a closer look at the properties in the City
and where the proposed fire district's stations would be located.
City Administrator Tolsma provided a summary for the reason a fire district is currently being
discussed. He stated that the City would not see a big shift in service other than the fact that instead
of Mound Fire Department providing services to the City it would be the West Metro Fire District
of which Mound would be a part of. He discussed how the funding mechanism would shift;
currently the City pays an annual amount based on a formula. However, a fire district would show
up as a line item on the tax bill. He added that another benefit would be that multiple fire
departments in the district would be sharing equipment and personnel.
Mayor Rockvam stated that the financial aspect of the fire district is going to be the driver in the
decision. He added that he believes this is the future of fire service in the area so it may be better to
be proactive about this issue.
Council Member Chase likes the idea of a fire district but questioned if there were any counter -
arguments for not going in that direction.
Council Member Hughes stated that he believes the biggest stumbling block for changing to a fire
district is the merging of several retirement packages since each department has their own package
and those packages are separate from the department budget.
City Administrator Tolsma agreed that one of the biggest logistical challenges is that each
department has their own fire department retirement packages. The biggest hurdle will be merging
those departments and packages and making sure that all parties involved believe they have been
heard and compensated fairly.
Council Member Hughes stated that another issue to consider is medical assist calls.
City Administrator Tolsma added that approximately 90% of the calls Mound Fire Department
responds to are medical -related calls. Over the years, that percentage has dramatically shifted to the
point that now medical assist calls are the lions -share of what the department does.
Mayor Rockvam stated that he believes a fire district is the way to go.
City Administrator Tolsma stated that the cities that are the main drivers in considering a fire
district are Mound, Minnetrista, and Saint Bonifacius. Spring Park's density may change over the
years but it will not change as dramatically as those other communities.
City Administrator Tolsma stated that he would report back to Fire Chief Pederson with the
Council's comments.
3. PARK HOURS DISCUSSION
City Administrator Tolsma presented a summary of some recent comments received from residents
regarding noise from early morning tennis and pickleball play at Thor Thompson Park. Pickleball
has become increasingly popular and the proximity of the courts to residential houses is not ideal
for early morning play. He would like Council feedback to see if they have any interest in
considering adding official hours for the courts only, not the overall park. He added that
summertime is Minnesota is when people want to be outside, especially during COVID-19, and
people are eager to get out and enjoy the weather at different hours. The complaints received so far
have stated that people are gathering as early as 6:30 a.m.
Council Member Horton stated that she understands the noise issue but also does not want to
discourage residents from using the facilities.
City Administrator Tolsma stated that people in the area do enjoy using the facilities because the
City has done a good job of maintaining the courts.
Council Member Hughes stated that the City requires construction equipment to wait until 7 a.m.
for noise standards so adding tennis/pickleball court hours to start at 7 a.m. would be in line with
that standard.
The City Council consensus was to apply hours for the tennis/pickleball court to start at 7 a.m.
City Administrator Tolsma stated that a sign would be installed at the court stating that "no tennis
or pickleball before 7 a.m."
4. CODE ENFORCEMENT POLICY DISCUSSION
City Administrator Tolsma provided a summary about the history and current process for
complaint -based code enforcement in Spring Park. The issue has been raised that with the adoption
of the nuisance ordinance a few years ago, the City decided to make cleanup a pretty big priority,
and that just because a property doesn't receive a complaint does not mean it is not a significant
nuisance in the City.
Mayor Rockvam stated that the City spent so much time adopting the outdoor storage ordinance
and there are still several properties that have violations. He believes every property should be
treated the same. At a certain point the City needs to decide how we would like residents and
visitors to view the community. He believes the City should take a look at another approach to get
more compliance in the City.
Council Member Chase asked what could some possible new approaches be to code enforcement if
the City moves away from complaint -based. He wondered if City staff would proactively go around
the City several times per year and look for violations.
City Administrator Tolsma responded that it could be a multi -faceted approach. The Public Works
contract staff is moving throughout the City daily and could report back anything he sees Also, the
City Administrator could put it on the schedule to drive around every month or every other month
for the sake of proactive enforcement.
Council Member Hughes asked how much time that would take from staff.
City Administrator Tolsma responded that the properties that staff will need to invest the most time
are the properties that the City is already dealing with right now. He added that most other
properties with violations are probably much smaller and would be resolved quicker than the major
violations at long neglected properties that staff are currently dealing with.
Mayor Rockvam stated that it is a slow process but staff are working on it.
City Administrator Tolsma agreed that the progress is slow but it is happening. He restated that
some properties have had more progress than others but the City just needs to keep on top of it.
Council Member Chase stated he is in favor of looking at other options so that all properties are
treated the same regardless of complaint status.
Council Member Horton agreed with Council Member Chase.
City Administrator Tolsma stated that he would work on a draft amendment to the code
enforcement policy and bring it to the next work session for Council discussion.
Mr. Cheney returned to the work session to discuss his property line issue further. He had concerns
over the speed at which Mr. Driggs would request and submit a copy of his torrens. He stated that
his property is constantly encroached on, he discussed damage to his property by snow plow crews,
and the trash, traffic, and noise he endures from boaters, snowmobilers, kayakers, and other
individuals. He asked the Council to get their own survey of the property so that the issue would
not be at the mercy of Mr. Driggs and his timeline. He stated that he has a lot of money invested in
this property and he needs an answer soon.
City Administrator Tolsma stated that the City Attorney could see if she can access the torrens
information through her law firm so that the issue does not rely on the timeline of Mr. Driggs.
Mayor Rockvam asked how much more money the City is going to spend to resolve this issue for
Mr. Cheney. He restated that the City has had this access point for decades and now the City is
pouring money into a dispute between two surveyors and now the new property owner states the
decision needs to be made immediately. He stated that he is not in favor of vacating the access
because it has been there forever and Mr. Cheney was aware of that when he bought the property.
He stated that Mr. Cheney may not like boats and snowmobiles nearby but that is the nature of
Lake Minnetonka.
Mr. Cheney responded that he does not have an issue with the rights -of -way and with the public
access but he believes it is in the wrong spot.
City Administrator Tolsma responded to Mr. Cheney that the consensus of the Council was clear in
that the City wants to view the torrens information on the Driggs property before tackling this issue
further.
City Attorney Tietjen stated that she wants to be clear that Mr. Cheney's claim that the access is in
the wrong spot is not a given because the public has been using the access for decades and it has
been maintained by the City. She restated that it is not a given that the line is in the wrong place.
She added that, in this context, the issue would not be considered "adverse possession" but it is
similar in thought. She continued that there is validity to the fact that the access has been there
since 1906 and purportedly used by the public for that time.
The City Council consensus was to have City Attorney Tietjen do some searching to see if she can
access the torrens information. City Attorney Tietjen will alert City Administrator Tolsma if more
research and time would be necessary.
5. ADJOURN — The work session was adjourned by unanimous consent at 7:05 p.m.
Date Approved: September 8, 2020
Dan Tolsma, City Administrator
Theresa Schyma, City Clerk