12/21/2020 - City Council - Regular - AgendasSPRING PARK
On Lake Minnetonka
CITY OF SPRING PARK
CITY COUNCIL AGENDA
DECEMBER 21, 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. Approve Regular City Council Meeting Minutes from December 7, 2020
5. PUBLIC FORUM**
6. PRESENTATIONS & GUEST SPEAKERS
FA 0 Q 0 1 : y All163�l
8. PETITIONS. REQUESTS. &APPLICATIONS
a. 3946 Shoreline Drive Rezoning Request
i. Resolution 20-28: Denying Zoning Map Amendment for 3946 Shoreline Drive
b. 3946 Shoreline Drive Interim Use Permit
i. Ordinance 20-04: Amending City Code to Allow Interim Use Permits in R-1 District
ii. Resolution 20-29: Approving Interim Use Permit at 3946 Shoreline Drive
9. ORDINANCES & RESOLUTION
a. Resolution 20-30: Approving Final 2021 Levy
b. Resolution 20-31: Approving 2021 Staff Wages & Benefits
c. Resolution 20-32: Approving 2021 Budget
d. Resolution 20-33: Authorizing Amendment to Recycling Grant Agreement with Hennepin County
10. REPORTS OF OFFICERS AND COMMITTEE
a. Mayor & Council
i. Councilmember Hughes Fire Department Report
b. City Staff
c. Contract Staff
11. NEW BUSINESS & COMMUNICATIONS
12. CLAIMS FOR PAYMENT
a. December 21, 2020 Claims
13. UPCOMING MEETINGS & TRAININ
a. December 24 & 25 (Thursday & Friday) — City Hall Offices Closed
b. January 1 (Friday) — City Hall Offices Closed
c. January 4 — Regular City Council Meeting — 7:00 PM
14. MISCELLANEOUS (INFORMATION ONLY)
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
s eral 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
ber makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council
cussion 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 911mkm„k
CITY OF SPRING PARK
CITY COUNCIL MINUTES
DECEMBER 7, 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; and
Present: Gary Hughes
Staff Present: Dan Tolsma, City Administrator; Bob Kermis, NAC (representing Al Brixius).
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. Approve City Council Work Session Meeting Minutes from November 16, 2020
b. Approve Regular City Council Meeting Minutes from November 16, 2020
M/Horton, S/Hoffman to adopt the Consent Agenda.
Motion carried 5-0.
5. PUBLIC FORUM
Planning Commissioner Mason asked if the Cares Act was still in effect and Tolsma said no, for
cities it ended on November 15. Mason said he heard some of the Cares money has been used to
subsidize students in other areas for lack of Wi-fi and he thought he'd suggest it.
6. PRESENTATIONS & GUEST SPEAKERS
a. Gillespie Center Update — Deb Taylor & Susan Navratil
Tolsma said this will be rescheduled to January.
7. PUBLIC HEARINGS — None.
8. PETITIONS, REQUESTS, & APPLICATIONS — None.
9. ORDINANCES & RESOLUTIONS
* 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.
a. Resolution 20-27: Approving Lot Width Variance for 3822 Northern Avenue
Bob Kermis with NAC is substituting for Al Brixius. Kermis said Christopher Mattson, the
property owner at 3822 Northern Avenue, has requested simultaneous and preliminary plat
approval of a two lot single family subdivision titled the Northern View Addition. He said presently
the lot is occupied by a single family home as well as a detached structure which would be removed.
In addition to the approval of the application, the applicant has also requested a lot width variance.
Kermis said this site is zoned R-1 which accommodates both single family and two family homes.
Staff has been suggested it be considered to request two single family homes rather than twinhomes
being that it is bordered on the east and west by single family homes and to be consistent with land
uses. Kermis said the subject site measures 97 feet in width and the R-1 district imposes lot widths
of 50 feet and what they consider a minor variance request has been requested. Both lots would
then exhibit 48.4 lot widths.
Rockvam asks where this lot is located. Hoffman said it's on the north side of Northern Avenue
and Tolsma brings up an overhead map. Rockvam asked if the proposal is to split the existing lot
into two and thereby each lot would be 48 feet wide instead of 50 feet and Kermis confirms.
Rockvam asked what is the overall square footage. Kermis said there is a 10 foot sideyard setback as
well as the 30 foot front yard setback. The request is slightly less than that in terms of width.
Rockvam asked if each of the lots would have 10,000 feet and Kermis confirmed. Kermis said there
is an exhibit showing the home pads. Rockvam asked if they meet the setbacks and Kermis said yes,
the only variance is on the width.
Rockvam asked if there was a public hearing held on this. Kermis said a public hearing was held on
November 18 recommending approval of the preliminary and final plat simultaneously as well as
the lot width variance subject to three conditions: submission of grading and drainage plans,
submission of utility plan and that those plans be subject to review and approval by the city.
Hoffman makes a motion to adopt Resolution 20-27 Approving Lot Width Variance for 3822
Northern Avenue and Horton seconds.
Motion carries 5-0.
10. REPORTS OF OFFICERS AND COMMITTEES
a. Mayor & Council — Rockvam said he would like to call attention to today's date and that it is
Pearl Harbor Day and he would like to thank all service personnel and veterans for their
service to the country.
b. City Staff — Nothing.
c. Contract Staff — Tolsma said Brian Hare, our principal engineer with Sambatek, has accepted
another position with a different engineering firm. Hare's immediate director will assume his
roll and there will decisions to make if the city wants to stay with Sambatek. Rockvam said in
terms of unfinished business, West Arm Rd West needs to be finished up. Hughes said it
would be nice if the contact person came out and introduced themselves. Tolsma said
* "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 fisted 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.
restoration projects on West Arm Rd West still need to be completed in the spring so other
than a few remaining items on the punch list, the project is wrapped up.
Rockvam asked if Tolsma has been able to make contact with the Rail Authority in regards
to moving the utility poles. Tolsma said he hasn't but it is on the list to discuss and that is
part of the second phase when focusing on the street.
11. NEW BUSINESS & COMMUNICATIONS
a. City Clerk Employment Offer
Chase makes a motion to extend the City Clerk Employment Offer in the council packet to Jennifer
Nelson with the initial wage starting at $29 per hour for the six months of employment If
satisfactory performance review completed after six months, the wage increased to $31 per hour.
Additionally the accumulated difference between the initial rate and the newly adopted rate for the
first six months shall be retroactively paid to the employee at that time. This offer is also contingent
upon reference checks that will be performed by Tolsma and a background check. Hughes seconds.
Motion carried 5-0.
12. CLAIMS FOR PAYMENT
a. December 7, 2020 Claims
M/Horton, S/Chase to approve all claims for palment.
Motion carried 5-0.
13. UPCOMING MEETINGS & TRAINING
a.
December 9 —
Police Commission — 8:00 AM
b.
December 9 —
LMCD Work Session at 6:00 PM with Regular Meeting at 7:00 PM
c.
December 10
— LMCC — 7:00 PM
d.
December 16
— Planning Commission Meeting — 6:00 PM
e.
December 21
— City Council Work Session — 6:00 PM
f.
December 21
— Regular City Council Meeting — 7:00 PM
14. MISCELLANEOUS (INFORMATION ONLY
Hughes asks about what the work session if for on the 21st . Tolsma said it will be the last levy
discussion. Rockvam asks if there is anything else. Tolsma said a final draft version of the
enforcement policy with discussed changes. He said the short-term rental goes to Planning
Commission on the 16th so the council meeting will be necessary.
* 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.
15. ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:15 p.m.
Date Approved:
'L�4u:c� 7:�� -
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.
PON
CITY OF SPRING PARK
. COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION NO. 20-28
A RESOLUTION DENYING THE REQUEST FOR A ZONING MAP AMENDMENT TO
CHANGE THE ZONING FOR PROPERTY LOCATED AT 3946 SHORELINE DRIVE
WITHIN THE CITY OF SPRING PARK FROM R-1 SINGLE AND TWO FAMILY
RESIDENTIAL DISTRICT TO C-1 GENERAL COMMERCIAL DISTRICT
WHEREAS, Anton Reder (the "Applicant") has applied for a zoning map
amendment to have the property at 3946 Shoreline Drive (the "Property") in the City of
Spring Park (the "City") changed from R-1 Single and Two Family Residential District to
C-1 General Commercial District to allow for the continued operation of a short-term
rental use of the Property.; and
WHEREAS, the application was reviewed by City Staff and the December 1,
2020 planning report was prepared; and
WHEREAS, the Planning Commission of the City of Spring Park held a public
meeting on December 16, 2020 to consider the application materials, the planning
report of December 1, 2020, and hear public testimony. Upon closing the public hearing,
the Planning Commission recommended the City Council deny the change in zoning
based on the findings outlined in the December 1, 2020 planning report; and
WHEREAS, the Spring Park City Council has received the Applicant's
application, the December 1, 2020 planning report, and the Planning Commission
recommendation, and agrees with the findings and recommendations of the Planning
Commission.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Spring Park,
Minnesota hereby denies the requested zoning map amendment to change the zoning
of the Property from R-1 Single and Two Family Residential District to C-1 General
Commercial District based on the following findings as outlined in the December 1, 2020
planning report.
The change in land use and zoning is inconsistent with the Spring Park 2040
Comprehensive Land Use Plan and policies.
2. The current R-1 Zoning is appropriate for the land uses within the same block.
3. The C-1 Zoning district allows a range of land uses that will not be compatible
with the adjoining Del Otero Residential Neighborhoods.
1101 4. The range of land uses allowed within the C-1 zoning district presents issues for
parking, site access and commercial traffic that would negatively impact the
adjoining residential uses.
ADOPTED by the City Council of the City of Spring Park this 21 st day of December •
2020.
ATTEST:
In
Dan Tolsma, City Administrator.
CITY OF SPRING PARK
Jerome Rockvam, Mayor
0
2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
OJVAV4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM
TO: Dan Tolsma
FROM: Alan Brixius / Daniel Elder
DATE: December 1, 2020
RE: Spring Park — Interim Use Permit — Short Term Rental
FILE NO: 175.01
Background.
Over the last 3 years, the Spring Park Planning Commission & City Council worked to
develop a rental property ordinance for the of Spring Park. The result of the study was a
recommendation to allow these commercial uses in a residential district by license. Upon
receipt of the Planning Commission recommendation, the City Council chose not to pursue
the license option making the following findings.
1. Short —term rentals are a commercial use not suitable to be located in the City's
residential zoning districts. Issues of traffic, parking, dock use and other nuisances are
created with transient short term tenants.
2. The introduction of this commercial use into the City's residential neighborhoods has the
potential of being disruptive to the adjoining residential properties. This prevents the
adjoining property owners the quiet enjoyment of their property.
3. The small and narrow lots found in Spring Park are not conducive to the short-term rental
use in that they cannot provide separation from adjoining homes, needed parking for
tenants, or yard space for outdoor entertainment.
4. Short-term rentals are commercial uses that are already currently not allowed in any of
the City's residential zoning districts. Section 42-9 of the Spring Park Zoning Code below
indicates that any land use not listed within a zoning district is considered prohibited unless
the City amends its ordinance to allow the use. Under this regulation, the short-term rentals
existing today are illegal uses and not eligible for "grandfathered" rights.
0
The subsequent ordinance No 2020-02 prohibited short-term rentals in the City's residential
zoning districts. Existing short-term rentals in the City must comply with the new Code
requirement by December 31, 2020.
Mr. Reder believes his site is different than other short-term rental sites in the City due to its
location and his maintaining his permanent residence on the site. Mr. Reder has submitted
an application requesting a change of zoning from R-1 Single and Two Family Residential
district to C-1 General Commercial district to allow him the opportunity to continue his short-
term rental operation.
Recognizing that changing the zoning on a single family lot to commercial zoning may not
be acceptable. The Council inquired as to what alternative zoning options may be available
to allow short-term rental on a limited basis and with conditions that would protect residential
neighborhoods from the potential negative elements of this commercial use. In response to
this inquiry City Staff has outlined the option of an Interim User Permit. An Interim Use
permit is similar to a conditional use permit in that the City may impose conditions and
performance standards on the use to mitigate locational or operational elements that may
negatively impact adjoining land uses. The Interim use permit differs from a Condition use
permit in that the city may include a termination date or event after which the permit expires
and the use must discontinue.
Attached for reference:
Exhibit A: Interim Use Ordinance
Exhibit B: Site Location/Site Photo
Exhibit C: 462 Minnesota State Statue Interim Uses
Interim Use Permit
Amending the Spring Park Zoning Code to establish an Interim Use Permit. The Interim
Use permit is established by State Statute to allow land use on temporary basis which would
expire on a given date or with a specific event. Unlike a conditional use permit or permitted
use which run with the land; the city may establish terms under which the land use will
expire. With this option the following items would be included:
a) The City would establish an Interim Use Permit in the administrative section of the
Spring Park Zoning Code. The process would replicate the current Conditional Use
Permit Process and application submission materials.
b) The City would amend the zoning code definition section to define "Interim Use"
c) The City would add an Interim Use permit section in the R-1 zoning District and list
Short-term Rentals as an Interim use within the district.
d) Within the R-1 Interim use permit for Short-term Rental the City would establish
performance standards that would geographically define and limit the locations where*
these uses may be located. The performance standards include:
E
•
The Lot must be located adjacent to or across the street from
commercially zoned districts.
•
The lot must be abutting an arterial street as defined in the Spring Park
Comprehensive Plan.
•
No Physical Alterations to the house to accommodate the use
•
Non -Transferable.
•
Number of Bedrooms.
•
Limit on the Number of Guests.
•
Signage
•
Events
•
Parking
•
Occupant Eligibility
•
House Number Visible.
•
e) Within the interim use permit the City would outline terms under which the Interim use
permit would expire and the use would discontinue.
• Change of ownership
• Discontinued use of the property as a short-term rental
• Violations of the terms of the Interim Use Permit approval.
• A date specific established by the Planning Commission / Council to
allow the evaluation of the use to insure that it has not created issues
related to nuisance or operation violations within the given time period.
Recommendation
In considering the zoning text change establishing interim uses in Spring Park we offer the
following options.
Option 1: Deny the interim use zoning text change and continue with the Short -Term
Rental prohibition. This will prohibit existing short term rentals starting on Dec 31, 2020,
Option 2: Approval of the attached text change as may be amended establishing interim
uses within the Spring Park Zoning Code and allowing Short -Term Rentals as an interim use
permit within the R-1 Single and Two Family Zoning District with conditions that limit the
location and operation of these commercial uses within the City.
If the City approves of the IUP zoning text amendment, Staff would recommend the
following actions;
1. The city would deny the zoning change for the property located at 3946 Shoreline
Drive from R-1 to C-1.
2. The City approve an IUP for short-term rental for Anton Reder and his property at
3946 Shoreline Drive with the following conditions:
K,
• Mr. Reder will maintain a permanent residence and remain as a caretaker of
the property.
• The owner shall demonstrate there is adequate parking to meet the demands
for the Short -Term Rental Business.
• The Interim Use Permit will be granted for an initial period of two years ending
in December 31, 2021 unless extended by Council. The permit will be
reviewed for extension at that time.
• The Interim Use Permit will be expire without further notice if the following
conditions occur:
1. Expiration on December 31, 2021, unless extended by City
Council.
2. Change in Use from Short -Term Rental back to a Single Family
Cc. Mary Tietjen
Anton Reder
Scott Qualle
use.
3. Change of Ownership of the property.
4. Violation of the condition of permit approval or other City Code
Violations.
Il
•
11
ORDINANCE NO.2020 -
CITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE ADDING DIVISION 4, SECTION 42-185, INTERIM USE PERMIT
ADMINISTRATION TO THE SPRING PARK CITY CODE,
AND AMENDING SEC. 42-77. SHORT-TERM RENTALS
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. Article 1, Division 2, Definitions Section 42.43 — I of the Spring Park
Zoning/Shoreland Ordinance is hereby amended to add the following:
Interim Use. A temporary use of property until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer allow said use.
Section 2. The City Council of the City of Spring Park hereby amends Chapter 42,
Article IV Administration of the Spring Park City Code by adding a new Sec. 42-185 as
follows:
Division 4 Interim Use Permit.
Section 42-185 Purpose and Intent. The purpose and intent of allowing interim uses is:
(1) To allow a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction.
(2) To allow a use that is presently judged acceptable by the City Council, but that
with anticipated development or redevelopment, will not be acceptable in the
future or will be replaced in the future by a permitted or conditional use allowed
within the respective district.
(3) To allow a use which is reflective of anticipated long range change to an area
and which is in compliance with the Comprehensive Plan provided that said use
maintains harmony and compatibility with surrounding uses and is in keeping
with the architectural character and design standards of existing uses and
development.
Sec. 42-186 Procedure - Uses defined as interim uses within a respective zoning district
shall be processed according to the submittal requirements, standards and procedures
for a conditional use permit as established by Section 42-141 of this Code.
Exhibit A
Interim uses shall comply with the following:
Sec. 42-187 General Standards
(1) The standards of a conditional use permit set forth in Section 42-141 of this
ordinance shall be satisfied.
(2) The use shall conform to the applicable performance standards of this
Ordinance.
(3) The use shall be listed as an allowed interim use in the respective zoning
district.
(4) The date or event that will terminate the use can be identified with certainty.
(5) The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
(6) The user agrees to any conditions that the City Council deem appropriate for
permission of the use.
Sec. 42-188 Termination. An interim use shall terminate on the happening of any of the
following events, whichever first occurs:
(a) The date or event stated in the permit.
(b) Upon violation of conditions under which the permit was issued.
(c) Upon change in the City's zoning regulations which renders the use
nonconforming.
(d) The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning district.
Sec. 42-189 Revocation. If an approved interim use permit is in violation of this
Ordinance or the conditions of permit approval, the City may initiate a process to revoke
the interim use permit. The City shall then conduct a public hearing to consider the
revocation of an interim use permit. Notifications shall be distributed and published
according to Section 42-141. The public hearing shall be cond ucted by the Planning
Commission, which shall make a recommendation to the City Council. In considering
revocation, the Board and the City Council shall consider compliance with the approved
conditions of the interim use permit and the standards listed in Section 42-141.
Section 3. Chapter 42, Article 11, Section 42-77 (Short -Term Rentals) is hereby
amending the following sections to read as follows:
(b) Short-term rentals. Prohibited.
4
•
i
Exhibit A
• (2) Prohibition. Short-term rental in any residential zoning district in the City is prohibited
except where allowed by interim use permit within a respective district. State licensed
hotels, motels, and lodging establishments located in areas where permitted by the
City's land use regulations are allowed, pursuant to all applicable law and rules.
Section 4. Article 8, Division 2, Section 42-280 of the Spring Park Zoning/Shoreland
Ordinance (R-1, Single and Two Family Residential District Accessory Uses) is hereby
amended to add a new Section 42-280 Interim Uses:
Sec. 42-280. Interim Uses. The following are permitted accessory uses in an R-1
district:
1. Short Term Rental. — Short-term rentals constitute a commercial use of
residential property, which may conflict with the fundamental character of residential
zoning districts. To ensure there is no disruption to the fundamental character of
residential zoning districts an interim use permit for short term rentals meeting all the
following conditions is required is to ensure the public health, safety, and welfare of its
citizens.
(a) The lot must be located adjacent to or across the street from commercially zoned
districts.
. (b) The lot must be abutting an arterial street as defined in the Spring Park
Comprehensive Plan.
(c) No Physical Alterations. No physical alterations of a primary residence shall be
permitted in conjunction with the operation of a short-term rental dwelling unit,
except that additional onsite parking may be provided, to the extent that such
parking is otherwise permitted by the applicable provisions of the city code.
(d) Non -Transferable. Interim Use Permits issued under this section are non-
transferable. Each Interim Use Permit shall automatically terminate upon the sale
or other conveyance of the property to an unlicensed person or entity.
(e) Number of Bedrooms. Each Interim Use Permit shall indicate the number of
bedrooms which are contained in the primary residence. No Interim Use Permit
holder shall advertise the primary residence as containing any more than the
identified number of bedrooms.
(f) Limit on the Number of Guests. The maximum number of transient guests
permitted to stay within a short-term rental dwelling unit at any one time shall be
the sum of the number of bedrooms contained in the primary residence multiplied
by two, up to a maximum of 10. Such sum shall include both adults and children.
(g) Signage. No commercial signage is allowed on the property of any short-term
rental dwelling unit.
•
3 Exhibit A
(h) Events. Events are not allowed to be hosted by transient guests on short term
property. For purposes of this prohibition, an event shall mean a gathering on the
property of the total number of people permitted to stay on the premises plus five.
Events hosted by the owner are exempt from this prohibition, but must otherwise
abide by state and local law and policies.
(i) Parking. A property with a short-term rental dwelling unit shall provide a minimum
of two off-street parking stalls for guests. The maximum amount of vehicles
allowed at the property shall be limited to the number of off-street parking spaces
provided. To be valid, off-street parking shall meet any applicable requirements
set forth in the city code.
(j) Occupant Eligibility. The primary overnight and daytime occupant of a short-term
rental dwelling unit must be an adult 18 years of age or older. This adult must
provide a telephone number to the owner and shall be accessible to the owner by
telephone at all times.
(k) House Number Visible. Property containing a short-term dwelling unit must have
a visible house number that can be easily seen from the street at all times.
Section 5. Effective Date. This ordinance amending the Spring Park Zoning/Shoreland
Ordinance shall be in full force and effect immediately upon its passage and publication.
ADOPTED by the City of Spring Park this day of 2020.
ATTEST:
By:
Dan Tolsma, City Administrator
CITY OF SPRING PARK
0
In
Jerome Rockvam, Mayor
Exhibit A
•
•
0
Deering
Island
....................... .
"` Site
N- Location
0
City of Spring Park
area.....
Zoning Districts
0 R-1 Single and Two Family Residential
El R-2 Medium Density Residential
El R-3 High Density Residential
C-1 General Commercial
C-2 Shopping Center
C3 C-3 Health Care Facility
OC4 Office Commercial
M Manufacturing
MP Public(Semi-Public
® Floodplain
1::ICtty limits
Feet
1 0 340 680 1,360
source:
j Minnesota Department of Natural Resourors
Northwest Associated Coruultants. Inc
Map Date: August 2010
Mk
Exhibit B
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i462.3597 INTERIM USES.
Subdivision l.Definition.
An "interim use" is a temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer permit it.
Subd. 2.Authority.
Zoning regulations may permit the governing body to allow interim uses. The
regulations may set conditions on interim uses. The governing body may grant permission
for an interim use of property if:
(1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be identified with certainty;
(3) permission of the use will not impose additional costs on the public if it is necessary
for the public to take the property in the future; and
(4) the user agrees to any conditions that the governing body deems appropriate for
permission of the use.
Any interim use may be terminated by a change in zoning regulations.
Subd. 3.Public hearings.
0 Public hearings on the granting of interim use permits shall be held in the manner
provided in section 462.357, subdivision 3.
0 Exhibit C
25h I
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO.20-04
AN ORDINANCE AMENDING THE ZONING/SHORELAND ORDINANCE OF THE
SPRING PARK CITY CODE (Chapter 42) TO ALLOW SHORT-TERM RENTALS AS
AN INTERIM USE IN CERTAIN ZONING DISTRICTS
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS
AS FOLLOWS:
Section 1. Chapter 42, Article I, Division 2. - Definitions, Section 42.43 - I of the Spring
Park Zoning/Shoreland Ordinance is hereby amended to add the following:
Interim use. A temporary use of property until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer allow said use.
Interim use permit. A permit issued by the council in accordance with the procedures
specified in this chapter setting forth the conditions and restrictions which must be complied
with before an interim use may be created, the restrictions under which such interim use will be
allowed to continue, and the date, event, or change to zoning regulation which will result in
• termination of said use.
Section 2. Chapter 42, Article IV. - Administration of the Spring Park Zoning/Shoreland
Ordinance is hereby amended by adding a new Division 4. - Interim Use Permits follows:
DIVISION 4. - INTERIM USE PERMIT
Sec. 42-185. - Purpose and intent.
The purpose and intent of allowing interim uses is:
(1) To allow a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction.
(2) To allow a use that is presently judged acceptable by the city council, but that with
anticipated development or redevelopment, will not be acceptable in the future or will
be replaced in the future by a permitted or conditional use allowed within the
respective district.
(3) To allow a use which is reflective of anticipated long range change to an area and
which is in compliance with the Comprehensive Plan provided that said use maintains
harmony and compatibility with surrounding uses and is in keeping with the
• architectural character and design standards of existing uses and development.
Sec. 42-186. - Procedure. •
Uses defined as interim uses within a respective zoning district shall be processed
according to the submittal requirements, standards and procedures for a conditional use permit as
established by section 42-141 of this chapter.
Sec. 42-187. - General standards.
Interim uses shall comply with the following:
(1) The standards of a conditional use permit set forth in section 42-141 of this chapter
shall be satisfied.
(2) The use shall conform to the applicable performance standards of this chapter.
(3) The use shall be listed as an allowed interim use in the respective zoning district.
(4) The date or event that will terminate the use can be identified with certainty.
(5) The use will not impose additional costs on the public if it is necessary for the public
to take the property in the future.
(6) The user agrees to any conditions that the city council deem appropriate for
permission of the interim use. •
Sec. 42-188. - Termination.
An interim use shall terminate on the happening of any of the following events, whichever
first occurs:
(1) The date or event stated in the interim use permit.
(2) Upon violation of conditions under which the interim use permit was issued.
(3) Upon change in the city's zoning regulations which renders the use nonconforming.
(4) The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoningdistrict.
Sec. 42-189. - Revocation.
If an approved interim use is in violation of this chapter or the conditions of the interim
use permit approval, the city may initiate a process to revoke the interim use permit. The city will
conduct a public hearing to consider the revocation of an interim use permit and will mail and
publish notice of the hearing according to section 42-141. The public hearing shall be conducted
by the planning commission, which shall make a recommendation to the city council. In
considering revocation, the planning commission and the city council shall consider compliance
with the approved conditions of the interim use permit and the standards listed in section 42-141.
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Section 3. Chapter 42, Article II, Section 42-77 (Short-term rentals), subsection (b) (2) is
• hereby amended to read as follows:
(2) Prohibition. Short-term rental in any residential zoning district in the city is
prohibited xcent where allowed by interim use Hermit wit in a re m, ive di trict.
State licensed hotels, motels, and lodging establishments located in areas where
permitted by the city's land use regulations are allowed, pursuant to all applicable
law and rules.
Section 4. Chapter 42, Article VIII, Division 2, Section 42-280 of the Spring Park
Zoning/Shoreland Ordinance (R-1, Single and Two Family Residential District Accessory Uses)
is hereby amended by adding a new Section 42-280. - Interim uses, as follows:
Sec. 42-280. - Interim uses.
The following is the interim use in an R-1 district (requires an interim use permit based
upon procedures set for in and regulated by article IV, division 4):
(1) Short-term rental. Short-term rentals constitute a commercial use of residential
property, which may conflict with the fundamental character of residential zoning
districts. To ensure there is no disruption to the fundamental character of
residential zoning districts an interim use permit for short-term rentals meeting all
the following conditions is required is to ensure the public health, safety, and
welfare of its citizens.
a. Lot requirements.
i. The lot must be located adjacent to or across the street from a
commercially zoned district.
ii. The lot must be abutting either Shoreline Drive (Arterial Street) or
Sunset Drive (Major Collector Street).
b. Conditions required to maintain interim use permit.
i. No physical alterations. No physical alterations of a primary
residence shall be permitted in conjunction with the operation of a
short-term rental dwelling unit, except that additional onsite
parking may be provided, to the extent that such parking is
otherwise permitted by the applicable provisions of the city code.
ii. Non -transferable. Interim use permits issued under this section are
non -transferable. Each interim use permit shall automatically
terminate upon the sale or other conveyance of the property upon
which the short-term rental is located, unless otherwise authorized
by the city council.
iii. Number of bedrooms. Each interim use permit shall indicate the
number of bedrooms which are contained in the primary residence.
No interim use permit holder shall advertise the primary residence
as containing any more than the identified number of bedrooms.
iv. Limit on the number of guests. The maximum number of transient
guests permitted to stay within a short-term rental dwelling unit at
any one time shall be the sum of the number of bedrooms
contained in the primary residence multiplied by two, up to a
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maximum of 10. Such sum shall include both adults and children. .
v. Signage. No commercial signage is allowed on the property of any
short-term rental dwelling unit.
vi. Events. Events are not allowed to be hosted by transient guests on
short-term property. For purposes of this prohibition, an event shall
mean a gathering on the property of the total number of people
permitted to stay on the premises plus five. Events hosted by the
owner are exempt from this prohibition, but must otherwise abide
by state and local law and policies.
vii. Parking. A property with a short-term rental dwelling unit shall
provide a minimum of two off-street parking stalls for transient
guests. The maximum number of vehicles allowed at the property
shall be limited to the number of off-street parking spaces
provided. To be valid, off-street parking shall meet any applicable
requirements set forth in the city code.
viii. Occupant eligibility. The primary overnight and daytime occupant
of a short-term rental dwelling unit must be an adult 18 years of
age or older. This adult must provide a telephone number to the
owner and shall be accessible to the owner by telephone at all
times.
ix. House number visible. Property containing a short-term dwelling
unit must have a visible house number that can be easily seen from
the street at all times.
C.
Section 5. This ordinance amending the Spring Park Zoning/Shoreland Ordinance shall be
in full force and effect immediately upon its adoption and publication.
ADOPTED by the City of Spring Park this.
ATTEST:
By:
Dan Tolsma, City Administrator
day of 2020.
CITY OF SPRING PARK
Jerome Rockvam, Mayor
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CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION NO. 20-29
A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A SHORT-TERM
RENTAL USE AT 3946 SHORELINE DRIVE WITHIN THE CITY OF SPRING PARK
WHEREAS, Anton Reder (the "Applicant") has requested a means to allow for
the continued operation of a short-term rental land use located a 3946 Shoreline Drive
("Property") in the City of Spring Park (the "City"); and
WHEREAS, The City Staff has reviewed the issue and outlined options for the
accommodation of the short-term rental use at the Property as being either a change in
zoning from R-1 Single Family and Two Family zoning district to C-1 Commercial zoning
district or amending the zoning code to allow short-term rental as an interim use and
approve an interim use permit (IUP) for the Property; and
WHEREAS, the Planning Commission of the City of Spring Park held a public
meeting on December 16, 2020 to consider the options identified by the City Staff in
planning reports for Rezoning dated 12/01/2020 and IUP zoning amendment dated
12/01/2020. Upon hearing public testimony and reviewing the planning reports, the
• Planning Commission closed the public hearing and recommended that the City Council
take the following actions:
1. Deny the change in zoning based on the findings outlined in the
December 1, 2020 planning report.
2. Approve Ordinance No.20-04 establishing Interim Use Permit regulations
within the Spring Park Zoning code per the December 1, 2020 planning
report.
3. Approve an Interim Use Permit for the continuation of the short-term rental
at the Property with the conditions outlined in the December 1, 2020
planning report.
WHEREAS, the Spring Park City Council has received the December 1, 2020
planning reports, and the Planning Commission recommendation, and agrees with the
findings and recommendations of the Planning Commission as outlined in the
December 1, 2020 planning report regarding Interim Use Permit -Short Term Rental.
NOW, THEREFORE BE IT RESOLVED, by the City Council of Spring Park,
Minnesota as follows:
ZONING TEXT AMENDMENT.
The Spring Park City Council approves Ordinance No.20-04 establishing Interim Use
Permit regulations within the Spring Park Zoning Code and amending the R-1 Single
Family and Two Family Residential Zoning District regulations to identify short-term
rentals as an allowed interim use with specific performance standards.
2. INTERIM USE PERMIT FOR SHORT-TERM RENTAL AT 3946 SHORELINE
DRIVE. 0
The Spring Park City Council approves an interim use permit for short-term rental for
the Property with the following conditions.
A. Mr. Reder will maintain a permanent residence and remain as an on -site
caretaker of the property.
B. The owner shall demonstrate there is adequate parking to meet the demands for
the Short -Term Rental Business.
C. The Interim Use Permit will be granted for an initial period of one year ending on
December 31, 2021. The Applicant shall request an extension of the Interim Use
Permit by the date noted below unless extended by the Council on its own initiative.
The extension process will be:
• Mr. Reder will submit a letter request to the Council for the extension of
the IUP by December 1, 2021.
• City Staff shall investigate complaints, IUP violations, of problems from the
short-term rental and prepare a report for the Council.
• Notice of the IUP extension shall be sent to properties within 350 feet of
the property inviting public comment.
• The Council shall review the staff report and public comments and make a
decision as to extending the IUP.
D. The Interim Use Permit will expire without further notice if the following
conditions occur:
• Expiration on December 31, 2021, unless extended by City Council.
• Change in use from short-term rental back to a single- family use
• Change of ownership of the Property.
• Violation of any conditions of the Interim Use permit approval or other
City Code violations.
ADOPTED by the City Council of the City of Spring Park this 21 st day of December
2020.
CITY OF SPRING PARK
Jerome Rockvam, Mayor
ATTEST:
Dan Tolsma, City Administrator.
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CITY OF SPRING PARK
• SPRING PARK, MINNESOTA
RESOLUTION 20-30
A RESOLUTION ADOPTING 2021 FINAL TAX LEVY
BE IT RESOLVED by the Council of the City of Spring Park, County of Hennepin,
Minnesota, that the following sums of money be levied for the current year, collectible in
2021, upon taxable property in the City of Spring Park, for the following purposes:
General Revenue Levy: $1,041,672.24
Debt Service Levy: $102,453.76
Total General Fund Levy: $1,144 126 00
The City Administrator is hereby instructed to transmit a certified copy of this resolution to
the County Auditor of Hennepin County, Minnesota.
• Adopted by the City Council of the City of Spring Park, Minnesota on December 21, 2020.
Attest:
Dan Tolsma
City Administrator
•
Approved:
Jerome P. Rockvam Mayor
ra
CITY OF SPRING PARK
• SPRING PARK, MINNESOTA
RESOLUTION 20-31
A RESOLUTION ADOPTING 2021 STAFF WAGES & BENEFITS PACKAGE
BE IT RESOLVED, by the Spring Park City Council, County of Hennepin, Minnesota, that
the final 2021 Staff wages & benefits package be accepted as follows:
2021 Staff Wages:
• City Administrator: $
Component #1: Base annual salary from $91,780.42 to $94,533.83 [3% total
increase (1.7% COLA + 1.3% Performance)]
Component #2: $ one-time merit increase for 2021 that shall
not be considered as base pay for future years.
• City Clerk: $33.00 Hourly after initial six-month period at $29.00 Hourly
• Office Assistant/Utility Billing: from $24.11 to $28.11 Hourly [16.6% total
increase (1.7% COLA + 14.9% Performance)]
2021 Staff Benefits Package:
• • HealthPartners $2,400/$4,800 High Deductible HSA Health Insurance.
o Premium Contribution: Single 100%, Family 100%
o Deductible HSA Contribution: Single 100%, Family 75%
• Sun Financial $10,000 Life &Accidental Death Insurance Coverage
• Sun Life Financial 60% Long -Term Disability Coverage
• Flex Time/Comp Time/Overtime Accrual Per City of Spring Park Employee
Manual and Contracts.
Adopted by the City Council of the City of Spring Park, Minnesota on December 21, 2020.
Attest:
Dan Tolsma, City Administrator
CITY OF SPRING PARK
Approved:
Jerome P. Rockvam, Mayor
q (I
CITY OF SPRING PARK
SPRING PARK, MINNESOTA
RESOLUTION 20-32
A RESOLUTION ADOPTING THE 2021 GENERAL FUND BUDGET
BE IT RESOLVED, by the Spring Park City Council, County of Hennepin, Minnesota, that
the final 2021 General Fund Budget be accepted as follows:
(Per attached final 2021 Budget)
Total General Fund Budget is $1,336,426.
Adopted by the City Council of the City of Spring Park, Minnesota on December 21, 2020.
CITY OF SPRING PARK
• Approved:
Attest:
Dan Tolsma, City Administrator
0
Jerome P. Rockvam, Mayor
CITY OF SPRING PARK
SPRING PARK, MINNESOTA
• RESOLUTION 20-33
A RESOLUTION AUTHORIZING AMENDMENT TO RESIDENTIAL RECYCLING GRANT
AGREEMENT WITH HENNEPIN COUNTY
9J
WHEREAS, pursuant to Minnesota Statutes, Chapter 115A.552, Counties shall ensure that residents have an
opportunity to recycle; and
WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling program;
and
WHEREAS, the Hennepin County Board adopted Resolution No. 20-0197 on June 2, 2020 to amend the Hennepin
County Residential Recycling Funding Policy to allocate 2021 funds using same methodology as 2020, allow funds
to be used for organics drop-off sites, and extend the contract period of the Residential Recycling Funding Policy
from December 31, 2020 to December 31, 2021; and
WHEREAS, in order to receive grant funds, the City must sign the agreement; and
WHEREAS, the City wishes to receive these grant funds in 2021.
00W, THEREFORE, BE IT RESOLVED by the City Council of the City of Spring Park, Minnesota, that the City
Council accepts the agreement as proposed.
BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Administrator or his designee to
execute such Residential Recycling Grant Agreement with the County.
Adopted by the City Council of the City of Spring Park, Minnesota on December 21, 2020.
CITY OF SPRING PARK
Approved:
Jerome P. Rockvam, Mayor
Attest:
Dan Tolsma, City Administrator