Loading...
10/5/2020 - City Council - Regular - AgendasSPRING PARK On Lake 911innetonka CITY OF SPRING PARK CITY COUNCIL AGENDA OCTOBER 5, 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. Cancel November 2nd Regular City Council Meeting b. Schedule Special City Council Meeting for Friday, November 13th at 2:00 pm to Canvass Election Results c. Resolution 20-23: Appointing Additional Election Judges 5. PUBLIC FORUM 6. PRESENTATIONS & GUEST SPEAKERS a. Andrew Myers — MN House District 33B Candidate 7. PUBLIC HEARINGS 8. PETITIONS, REQUESTS, & APPLICATIONS 9. ORDINANCES & RESOLUTIONS 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor & Council b. City Staff Temporary City Hall Staffing Plan & Authorization 1. c. Contract Staff 11. NEW BUSINESS & COMMUNICATIONS 12. CLAIMS FOR PAYMENT 13. UPCOMING MEETINGS & TRAINING a. October 8 — Lake Minnetonka Cable Commission — 7:00 PM b. October 13 — Administration Committee —12:00 PM c. October 14 — LMCD Work Session at 6:00 PM with Regular Meeting at 7:00 PM d. October 14 — Planning Commission — 6:00 PM e. October 21 — City Council Work Session Meeting — 5:00 PM (Note Time Change) f. October 21 — City Council Regular Meeting — 7:00 PM (Cancelled) h. November 13 — Special Council Meeting (Canvass Election Results) — 2:00 PM 14. MISCELLANEOUS (INFORMATION ONLY). 15. ADJOURNMENT — 7:22 pm * 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 until Member makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for -ouncil 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. M/Horton S/Hoffman Motion carried 5-0 Dan Tolsma, City Administrator Wendy Lewin, Acting City Clerk * 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 3fnnero,kc CITY OF SPRING PARK CITY COUNCIL MINUTES SEPTEMBER 21, 2020 — 7:00 PM SPRING PARK CITY HALL 1. 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; and Present: Gary Hughes Staff Present: Dan Tolsma, City Administrator; 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/Horton to adopt the meeting agenda as amended. Motion carried 5-0. 4. ADOPT CONSENT AGENDA* M/Horton, S/Chase to adopt the Consent Agenda. Motion carried 5-0. 5. PUBLIC FORUM** 6. PRESENTATIONS & GUEST SPEAKERS a. Jan Callison — Hennepin County Commissioner Callison has a PowerPoint presentation. She's going to address the following: • Covid 19 — a slide is presented showing Hennepin County, State of MN cases, hospitalizations and deaths. She discusses population and disparities by race. Dramatic differences in American Indian population is revealed in a chart. • A long-term care slide is presented. A slide on CARES funding and recipients. Two small businesses have been funded in Spring Park. • Housing services are discussed. Pre Covid shelter spending is $200,000/month and Covid housing expenses are approximately 2.5 million/month. • City of Mpls Civil Unrest: Callison wants to recognize the work of the sheriff's department due to the challenges. Various slides shown of damage done and repair estimates and insurance coverage. * 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. • Elections: Callison said absentee voting continues to be popular. • 2021 Budget: Callison said the county administrator is proposing a zero increase to the levy. She said 40 million dollars have to be cut from the county's budget. She said there could potentially be some upgrades to Sunset Drive in 2021. • Lastly there is a slide the shows contact information. Hoffman asked regarding the potential 40 million dollar cut from the budget, what percentage is that of the overall budget. She said their budget is 2.4 billion dollars. He asked about the HCMC costs and Callison said right now it's being paid for from the CARES act money. She said their support for HCMC is smaller than what one thinks. She said it's about 20-24 million dollars per year. She said there will be losses due to the stoppage of elective surgeries. Hughes asked if the presentation material can be left and Callison said she'll find a way to get the material to Spring Park. Rockvam asksed Hoffman what his concern is about HCMC and Hoffman said it's where the highest line item is. Callison maintains the county's share of HCMC is less than 10%. Callison thanks the council for the pleasure of her representing Spring Park for twelve years. 7. PUBLIC HEARINGS — None. 8. PETITIONS, REQUESTS, & APPLICATIONS — None. 9. ORDINANCES & RESOLUTIONS Ordinance 20-02: Short -Term Rental Prohibition — Rockvam said the crafting of motion is important in this vote. Al Brixius addresses the mayor and council and said based upon the Planning Commission recommendation they recommend approval of the resolution as amended. He said a base ordinance was prepared based upon their findings. Rockvam asked for a sample motion and Brixius said the motion would be to adopt as presented. Rockvam said he wants to present the motion in a positive and by voting yes they'd be not allowing any short-term rentals. Attorney Tietjen said the amended copy in front of them is just a cleaned up version and there have been no substantive changes. Teitjen wants to know if the council will allow public comments. She said there has already been a public hearing on the matter and they would not have to allow it. * 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. Rockvam recommends following Roberts Rules and those who want to speak can speak during discussion. M/Hughes; S/Hoffman. Discussion: Eric Skaar the Chef and owner of Vonn restaurant at 4016 Shoreline Drive. He said he is standing in solidarity with his friend Anton Reder who is being directly affected by this. He wonders if there are any propositions for someone like Reder who is potentially losing his job. Skaar said if parking is an issue, Reder can have as much of his parking as he needs. Anton Reder said he got a lot of neighbor signatures and support. He said he's been doing this for four years and he's had no complaints. He has made a good living. He said he has a state tax ID, he pays hotel and lodging taxes, state and federal taxes, and the fees he pays to a third party that handles his rental units. He feels he runs a good business that helps other businesses in the area. He said he's finally found something he is really good at and doesn't want to see this taken away. Max Avalos 2413 Black Lake Road. Avalos said he is also on the Spring Park Planning Commission but he is here tonight to speak as a resident. He said this is divided and the voting for not allowing short-term rentals does not reflect the division in the community. He said he feels they are here to represent the residents and not a personal opinion. He said some of the concerns reflected in the ordinance are no parking, small lots, transient neighbors. He said those concerns have already been addressed by the Planning Commission in a way that works for Spring Park. He said the argument seems to be that they are not commercial properties and he thinks the argument could be built when looking at long-term rentals and short-term rentals. He said they are both businesses. He said short-term positives are renters pay upfront versus eviction procedures for long-term rentals when they haven't paid. Avalos said at the last meeting he asked the city attorney to provide information if this is something that could be voted since it's a divided situation. He thinks a democratic decision should be made in this delicate matter. Teitjen said she did look into that and Spring Park is a statutory city and governed by MN statutes. She said this is not one of the areas that would be allowed by a statutory city. Joe Cheney, 4000 Sunset Drive. He said he can go either way on VRBO's and it's one of those things where you like them but you wouldn't want to live next door to one. He said his neighbor is doing VRBO's and is booked out for six months. He said for the most part it is okay but occasionally there are parties that take place. * 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. Ian Maloney 4710 West Arm Rd. Maloney said he doesn't like it when government gets involved in his life. He understands that when his property rights impact his neighbor, it's a problem. He said in Mound, Minnetrista, Orono, all of these cities have banned this. He is aware that one particular neighbor may be okay with short term rental but many more don't want it. He feels those who want to make money at this shouldn't have precedence over long term owners who want peace and quiet. He said this is a quality of life thing. Council member Chase said he's talked to a lot of people around the community about this issue and he said it's very polarizing. Some want it and some don't. He said his research on short-term rental was originally brought forward to make it legal in a regulated way. He said at the last minute they are now voting to ban it. He thinks there still could be a compromise to explore as a community. He said there is a draft ordinance on the city's website that addressed enforcement of the concerns regarding parking, loud parties, etc. He believes it should be given a try. The council can vote to end short-term rentals at any time. Chase said there currently isn't a log of complaints. He's heard not many complaints to a lot of complaints. He thinks it should be tried. He thinks complaints should be logged by perhaps an online submission form on the city's website. He thinks that going from how to regulate it to outright banning it is not the right move. He said he also walked the entire city and he said regulation could potentially clean up certain properties in Spring Park. He said he's going to be voting against the ban of short-term rentals and would like to revisit the Planning Commission's proposed regulation of short-term rentals. Roll call: Chase, no on the ban Hoffman, yes,• Hughes, yes; Rockvam, no,• Horton, yes Motion carries by three yeses and two no's. a. Resolution 20-21: 4000 Sunset Variance Application — M/Horton; S/Chase. Brixius wants to amend the motion to include that no eve encroachment will extend into the variance setback. Motion maker and second agrees to the amendment. Motion carried 5-0 b. Ordinance 20-03: Amending the Spring Park Zoning Map M/Horton; S/Hoffman Roll call: Chase, yes; Hoffman, yes; Hughes, yes; Rockvam, yes; Horton, yes. Motion carries unanimous. * The Consent Agenda fists 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. c. Resolution 20-22: 2021 Preliminary Tax Levy Teitjen said to add the Truth and Taxation hearing for December 7th M/Hofman; S/Chase Motion carried 5-0 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor & Council Chase, nothing; Hoffman wonders where we're at in the adjustment to the 4000 Sunset Drive property line. Rockvam feels this is going to be a nightmare and he remembers from childhood that road being there. Rockvam said it's necessary to find out where the two points are at the lake. In other words, is it 20 feet wide, 30 feet wide, whatever it is — where those two points are. Once these are established bollards should be placed. Hoffman wonders if we direct staff to hire our own surveyor. Horton asks about when they walked the property and round circles were placed, she asks if those were the pins. She said one was directly with the utility pole. She asks which survey is it that is correct with the utility pole. Hoffman said that's why another surveyor should be hired because we can't assume those pins are in the correct spot. He said they'll then re -triangulate and establish that. He said they can't go off the markers because they're in dispute. He feels the city should hire their own surveyor to establish this. Hoffman feels in order to get to the bottom of this we need to find out from our surveyor where the city's property is. Brixius said the city's engineer has a survey crew. Rockvam would rather it be somebody else. Horton asked if this will cost a lot of money and Hoffman said he imagines it will cost a couple thousand dollars. Rockvam agrees with Hoffman and thinks this should be moved on fairly quick in order to get done with it. b. City Staff c. Contract Staff 11. NEW BUSINESS & COMMUNICATIONS - Nothing. 12. CLAIMS FOR PAYMENT a. September 21, 2020 Claims M/Horton; S/Hughes. Motion carried 5-0 b. Purchase Order 20-02 * 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. Rockvam asked what the purchase was about and Schyma explains it is where we purchase a public portal and work with our laser fiche contractor to set up the entire site and all the property files would be scanned to the website. Schyma said this requires a vote. M/Chase; S/Hoffman Motion carried 5-0 13. UPCOMING MEETINGS & TRAINING a. September 23 — Fire Commission —11:00 AM b. September 23 — LMCD Work Session at 6:00 PM with Regular Meeting at 7:00 PM c. October 5 — City Council Regular Meeting — 7:00 PM d. December 7 — Truth in Taxation Public Hearing — 7:00 PM 14. MISCELLANEOUS (INFORMATION ONL) a. PeopleService July Report b. August Mound Fire Department Report 15. ADJOURNMENT The meeting was adjourned by unanimous consent. Date Approved: Dan Tolsma, City Administrator Wendy Lewin, Acting City Clerk * 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. s� SPRING PARK onLake 91+mnean4 CITY OF SPRING PARK WORK SESSION MINUTES SEPTEMBER 2152020 - 6:00 PM SPRING PARK CITY HALL (Work Session discussion times are approximate) 1. 6:00 — DISCUSS UPCOMING REGULAR MEETING ITEMS a. Short Term Rental Prohibition Ordinance Rockvam said the Planning Commission looked at this. Rockvam asked for thoughts from the council. Chase said he has heard from residents of Spring Park and he said it started as a way to be able to regulate short-term rentals to determine appropriate parking, occupancy, safety, etc. to whether it should be allowed at all. He said he doesn't really agree to going from how do we allow this in a safe and smart way to an outright ban and thinks there could be a compromise. He said when reading what the planning commission put together he saw there was a lot of thought that went into it but what was missing was how to report a problem. He said when reading through the minutes it looks as though city staff hasn't kept a record of these issues. He thinks there could be a compromise. They could adopt the first ordinance that allows short-term rentals with very strict rules and we give guidelines in the quarterly newsletter for how residents can report issues and staff keeps a log and ongoing issues are grounds for revocation. He said rentals can be banned at any point. He said there could be a year -long trial and reevaluation. He thinks there could be some good from it because he has noticed some long term rentals that could maybe benefit from the short-term rental requirements. He sees it as maybe helping out some local businesses and cleaning up some properties. Hoffman said initially he was in favor of it. He said he has spoke to some surrounding cities and persons that are close to short-term rentals and he said there some little things. For instance, one said there are new guests every weekend and they don't know the property boundaries and sometimes they're playing Frisbee in his yard or they're fishing off his dock so it was the little things that they didn't want to report but it was an infringement. He said cities having zoning for a reason and commercial and residential zones will give a degree of comfort and separation. He said there is an assurance that businesses will not operate commercially in a residential area. Hughes said he is opposed to this. He thinks that if someone rents something for a month, that's typically okay because they are usually there longer than that. Hughes wonders about the difference between R1 and R2 and Brixius said the ban would be city wide residential so anything R-1, R-2, multifamily, would be banned. Horton said she has also gone back and forth on this and she is still not for it for reasons of neighbors on either side and infringing on their space. She agrees that it is difficult to complain about ones neighbors. She wonders about restricted parking and when guests have vehicles and boat trailers, it's difficult to find parking. She is concerned about those who would defy the ordinance and say they'll do it anyway. Rockvam said he didn't realize it's prohibited. He said he knows you can't operate a business in a residential district but he said there are so many now that are working from home due to the pandemic. He said when talking with the chief of police, probably over the last 4-5 years they've had a few complaints. He feels people need to call the police if there is an issue. He said he doesn't have a problem with the concept but there are qualifications that would have to be met. He said the two big ones would be off-street parking and noise. He is aware of a property on the lake in Mound that is used solely for short-term rental and it's become a problem. He said in an R-1 district there is a reasonable expectation that businesses will not be next door but he said there are a lot of them operating as such already. Rockvam asks if this will be brought to the council tonight for a vote or is there more work that needs to be done on it. Chase still feels that if the ordinance is crafted to address proper parking, noise and property infringement, those regulations can be enforced. Brixius said right now if a use is not specifically defined as an allowed use, it is prohibited unless the ordinance is changed. Brixius said the ordinance being discussed now is specific and it's not hidden in the general ordinance. Rockvam wants to confirm that a yes vote is a vote to not allow it and Brixius confirms that a yes vote will be to continue to not allow it. b. 4000 Sunset Drive Variance Rockvam asked Teitjen if she checked with some associates about whether if the city has performed maintenance and upkeep on a property for over a period of time it is considered to be owned by them. Teitjen said yes, if there is evidence that a city has maintained a property they can retain rights as such. She went on to say if there is a dispute a court would have to make a ruling. Hoffman asked a survey has been done and Brixius said right now two surveys have been done. He said the way the city is looking at the two surveys is neither is correct nor incorrect. So if processing this variance with recognizing the Gronberg survey showing the building two feet off the property line then the expansion would require a variance. He said when this was drafted it doesn't resolve the issue of the north property line and it would have to be resolved. Brixius illustrates on the overhead the Gronberg survey showing the two feet from the building and the more recent survey showing the eight foot property line. He said all the proposed construction would be on the property and not on the easement in accordance with both surveys. Horton asked if the north property owner, Mr. Driggs, had a certificate or something. Brixius said Driggs property is torrens property. Teitjen said for clarification, a variance and the lot line issue are two separate things. She said a decision on the variance tonight is one decision that can still be made and if the council were to approve the variance tonight it still will not affect getting the property line issue resolved. Chase asks which survey the variance references and Brixius said in his report he references both. He said in one case the proposed setback will be 3.4 feet and if using the more contemporary one it will 8.8 feet. The drafted resolution states regardless of which survey is correct, the variance is still necessary. Rockvam asked if there is a hardship involved in the variance application. Brixius said with the current ordinance language it's a practical difficulty and they look at a variety of items. He said the use is allowed in the zoning district, he said the setback will not encroach what is already existing, the uniqueness of the lot, the proposed expansion will meet all the other required setbacks and what is being proposed is an update to an existing structure which is consistent with the policy. He said the Planning Commission agreed with the findings and outlined conditions to conditions to include gutters and downspout runoff placement and not deviating from the construction drawing as illustrated. A minimum 25 foot setback has been requested from the county road. Brixius said traveling south the road setbacks are less than 20 feet. Brixius said street setbacks can be averaged so the 25 feet is compliant. Hoffinan asked about a vehicle parked 1:14 and Brixius said there is a car length accommodated and Rockvam wondered about two car lengths. Brixius said they'd face that even if it wasn't expanded. Rockvam wonders if anyone has looked at this and he thinks there are cars that are hanging out into the street. Brixius said it's how it has been and Rockvam said that's probably why it's up for a vote. Hughes clarified that two cars parked side -by -side would be okay but it's two deep that would not be allowed. Brixius said there will be a garage space for internal parking and then a full garage space between the right- away and the front of the garage of 25 feet, more than a car length. Chase said he noticed the property is for sale and he wonders if a variance transfers with the property. Brixius said it would transfer with ownership but it would have to be acted upon within a year of the variance. Horton wondered what was proposed with the property and Brixius said right now there are two units and what is being proposed is two units with the build out. He said by doing a CIC, they can condominimize both units so an upper or lower unit can be purchased. Rockvam clarifies that the proposal is they can build two feet closer to the road. Brixius illustrates the overhead and said what's being proposed is they can build two feet closer to the north property line. Rockvam wonders if they are expanding the footprint of the house and Brixius said yes, they are adding a garage and will be building above the garage. Hoffman clarifies that they are following the same building line but they are moving the garage two feet out to match what is already there. Brixius illustrates the setback on the street portion will be greater from 2.2 to 3.4. Rockvam said wherever they're asking for the two feet, is that going to be two feet closer to the fire lane on the north side then it is now and Brixius said no, it moves away from the fire lane. 1:18:53 Chase asked if Brixius has been talking with the property owner about this and Brixius said after the last meeting they were encouraged to go the variance route. Chase said he wondered if it could be put in writing that they were going off the first survey. Brixius said the north property line is going to be an issue and the way the variance is set up now, everything will be on his property. He said there isn't a condition that the north property line be resolved as part of the variance. Rockvam said the lake access road is not resolved and he wants to know how this will be resolved. Teitjen said either everyone will have to be in agreement or a judge will decide. The city would have to bring a quiet title action and a judge would decide. Hoffman clarifies that the plat drawing shows the footprint of the foundation. Hoffman said there is a proposed overhang for an entry door and he wonders how far that hangs over. Brixius said it's within the existing footprint and Rockvam said it doesn't look that way on the drawing. Brixius said this can be discussed with the owner and they would have to cut the cave off closer to the roofline if it is encroaching. Rockvam said he's concerned with snow plows keeping the access clear and whether they could end up hitting the encroaching cave. Hoffman still wants to know which line is on the footprint because of the roofline for the entrance looks to be encroaching. Brixius said it would have to be entirely on their property and that is part of the variance request. Hoffman continues by saying right now the plans are not current based upon the conditions of the variance. Rockvam thinks it looks nice but the overhang is hanging over the neighbor and the City happens to be that neighbor. He said on top of that, the road that has been maintained by the City for 50 years is now in question. 1:27:31 Hughes would like to see a drawing without the eaves so they can compare what's there and what isn't. Hoffman asked if they are over hardcover and Brixius confirmed they are. Hoffman said usually when hardcover is exceeded there is a request for a rain garden or runoff containment. He said this was discussed at the planning level. Brixius said the reason he hasn't put in a provision to reduce the hardcover is right now it's an existing nonconforming condition. Because it's a legal nonconforming condition and the building is going over existing hardcover there is a provision in state law to reduce the nonconformity become a compensatable expense that the city would be responsible for. Brixius said because they are building over existing pavement they were not asked to provide additional stormwater treatment. He went on to say they did however require gutters on the existing and the addition for runoff. Brixius said when reviewing this, hardcover is not being increased. Rockvam said he's having a hard time with the surveys plotting the road at different lines. He said the original survey was done by Gronberg who has surveyed in this area for many years. He said he's concerned about this turning into a lawsuit that will be expensive. He thinks the best way is to put the poles in where it's been established and let the other party sue the city. Hoffman asked about adverse possession. Teitjen (inaudible). Brixius asked the council if they were comfortable with the language added about variance setbacks shall be applied to the roofline of the house. Brixius said right now there is a two foot setback on the existing house and the proposed addition brings it to 3.4 c. Zoning Map Amendment Ordinance Brixius said there's been a request from Lord Fletchers has two lots that are zoned R-1 and there used as parking and they would like to rezone to be consistent with the balance of their property to C-1. Brixius said he visited the property and the idea of putting two single family homes right across from Lord Fletchers would probably not be a good idea so they are recommending rezoning to C-1. 2. 6:40 — TEMPORARY STAFF COVERAGE PLAN Schyma said she really enjoyed working here but the timing couldn't be avoided. She said the timing is good in respect to annual licenses not until Spring and building permits are slowing down. She said elections are covered by the former city clerk Lewin temporarily returning. She will also stay on to make sure some of the projects are still moving forward and coming in on certain Saturdays to see to this. Rockvam asked if there is a replacement search underway. Schyma said with elections it will be difficult to generate interest until it is over so the suggestion is to keep the search open longer in order to draw experienced clerks who may not initially see the posting. Rockvam feels there should be an active search now. Schyma said the next step is to get the personnel committee together. Hughes wondered if Brimeyer should be contacted because that's what he does. Hoffman and the rest of the council thanks Schyma for all that she has done. 3. 6:50 — ADJOURN M/Hughes; S/Horton. Motion carries 5-0 Date Approved: Dan Tolsma, City Administrator Wendy Lewin, Acting City Clerk RESOLUTION 20-23 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 3, 2020 WHEREAS, the City Clerk has previously submitted for approval a list of Election Judges (Resolution 20-06) to officiate at the Presidential Nomination Primary on March 3, 2020, State Primary Election on August 11, 2020 and the General Election on November 3, 2020; and WHEREAS, since the approval of Resolution 20-06 additional Election Judges have offered to officiate for the General Election on November 3, 2020 WHEREAS, the City Clerk has the authority to add additional Election Judges and make substitutions as necessary to maintain the required minimum staffing levels while conducting the November 3, 2020 General Election. NOW, THEREFORE BE IT RESOLVED, the Spring Park City Council hereby approves the list of Election Judges, attached hereto and made a part hereof as Exhibit A, to officiate at the General Election to be held on November 3, 2020. ADOPTED by the City Council of the City of Spring Park this 5`f' day of October, 2020. CITY OF SPRING PARK Approved: Jerome P. Rockvam, Mayor Attest: Dan Tolsma, Acting City Clerk RESOLUTION 20-23 LISTING OF ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 3, 2020 Isabella Braun Susan Davis Robert McAninch Molly Rice Alan Schwartz Jocelyn Will SPRING PARK On Lake afinnetonka STAFF MEMO TEMPORARY STAFF COVERAGE & WAGE MODIFICATIONS 1. BACKGROUND: September 25th was City Clerk Theresa Schyma's last day with the City of Spring Park. In light of the fact that we are currently conducting absentee voting during regular business hours and we are a month away from the general election, it is critical for temporary staffing to ensure that the City is able to meet its election obligations, while still performing essential administrative functions. To these ends City Staff are proposing to give existing staff additional tasks that were being performed by the City Clerk position, while also bringing previous City employee Wendy Lewin in as a consultant to assist with the election process, as well as to assist in the training of a new city clerk as we move forward in the process to fill that position. 2. DISCUSSION: City Staff temporary coverage proposal includes: a. Temporarily increasing office assistant Sharon Farniok's wage from $24.11 /hour to $34.11 /hour until the end of 2020, or until a new clerk has been hired and adequately trained. b. Hiring Wendy Lewin as an as needed consultant at the hourly rate of $45.25 until the end of 2020, or until a new clerk has been hired and adequately trained. 3. RECOMMENDATION: Authorize the temporary staff coverage and updated wages as proposed.