1/18/2022 - City Council - Work Session - AgendasSPRING PARK
On Lake Winnetonka
CITY OF SPRING PARK
WORK SESSION AGENDA
JANUARY 18, 2022 - 6:00 PM
SPRING PARK CITY HALL
(Work Session discussion times are approximate)
1. 6:00 - 4444 Shoreline Drive Boat Storage Discussion
2. 6:10 - 4165 Shoreline Drive Commercial Marina Discussion
3. 6:20 - Electrical Undergrounding Assessment Policy Discussion
4. 6:40 - Interim Administrator Agreement Discussion
5. 6:50 -Adjourn
X1
January 18, 2022
The Yacht Club Lip Et Al
4165 Shoreline Drive
Spring Park, MN. 55384
To whom it may concern:
Sunset Endeavor LLC
C/O Dennis Investment
1214 Yale Place
Minneapolis, MN 55403
Pursuant to Findings of Fact and an Order adopted on August 11, 2021 (LMCD Order),
the Lake Minnetonka Conservation District (LMCD) issued two approvals related to the
property located at 4165 Shoreline Drive (Subject Property): 1) change of use of the
Subject Property from Club Operations use to a Qualified Commercial Marina use; and
2) issuance of a Commercial Multiple Dock license associated with the use. The
LMCD's approvals were issued subject to, and conditioned upon, compliance with
several conditions. One of those conditions is: "The Subject Property must be
maintained and operated in compliance with all other provisions of this Code including,
but not limited to, noise standards, zoning requirements, and other applicable
regulations, ordinances and state law."
The Subject Property is currently zoned C-4, Office Commercial Zoning District under
the Spring Park zoning code. Commercial marinas are not an allowed use in the C-4
District and, thus, the operation of a commercial marina on this site is a violation of the
City's zoning regulations.
In 1991, the city of Spring Park adopted a zoning amendment creating the C-4 Office
Commercial Zoning District to specifically accommodate the development of the
Minnetonka Yacht Club office building and dock features at 4165 Shoreline Drive. The
purpose of the C-4District is to provide a district which may reasonably adjoin high
density residential uses. The C-4 District was established to allow for limited
commercial office uses. "Yacht clubs" are identified as a conditional use in the C-4
District and are subject to several performance standards to ensure that such uses are
maintained as compatible with other commercial office tenants and the adjoining
residential uses.
"Yacht club" is defined as follows in the Spring Park Zoning Code (Sec. 42-59):
City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384
Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us
"Yacht club. A private club established for the recreational and educational enjoyment
of boating and sailing. Yacht club activities may include programs for sailing, sail
boarding, swimming and boat safety. Yacht club facilities shall be limited to a
clubhouse containing meeting and social areas and dock and mooring slips for the
exclusive use of yacht club members."
City records show that between 1989-1991, the City of Spring Park granted various
approvals related to the operation of the Minnetonka Yacht Club on the Subject
Property as a conditional use consistent with the City's Zoning Code. The Spring Park
City Council approved a conditional use permit after evaluating the details of the site
plan; the operational characteristic of the proposed use; and the receipt of public
comments through a public hearing. The Yacht Club has operated for the last 30 years
consistent with the definition of a "yacht club", in compliance with the approved
conditional use permit, and in a manner that is compatible with other office tenants and
the adjoining residential uses. Any change from the yacht club use to a commercial
marina use is a violation of the City's Zoning Code and is not allowed.
The LMCD's approval of a change in use on the Subject Property does not change the
property owner's obligation to adhere to the Spring Park Zoning Code. In fact, the
LMCD Order explicitly conditions its approvals on compliance with all other zoning
requirements and applicable regulations and ordinances. A commercial marina is not an
allowed use in the City's C-4 zoning district. The conversion of the site to a commercial
marina must cease. The City will pursue code enforcement and other remedies to
ensure that use of the Subject Property complies with the Spring Park Zoning Code.
Sincerely,
Dan Tolsma
Spring Park City Administrator
cc: Alan Brixius, Planner
Mary Tietjen, City Attorney
City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384
Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us
y
AGREEMENT FOR ADMINISTRATIVE SERVICES
This Agreement is made as of the _ day of , 2022 by and between the
City of Spring Park, a Minnesota municipal corporation (the "City") and James Brimeyer
(Brimeyer) 1306 Westwood Hills Rd, St Louis Park, MN 55426.
ADMINISTRATIVE AND PROFESSIONAL SERVICES. Brimeyer shall
provide the professional services to perform all administrative and
professional services within his expertise necessary to provide for the on-
going administration of City operations. It is understood by the parties that
such services may include, but are not limited to, the general administration
and coordination of the City office and operations pursuant to City policies,
the Spring Park City Code, and applicable state and federal law; supervision
of City staff; preparation of reports; attendance at meetings; and execution of
City policies. The parties understand and agree that Brimeyer has the right
and authority to determine how to perform the administrative services to be
provided to the City. However, Brimeyer will report directly to the Mayor and
City Council regarding the status of projects.
2. WORK SCHEDULE AND LOCATION. Brimeyer will maintain a business
office with all necessary equipment and supplies at the location set forth
above. In addition, the City will provide office space at City Hall for those
times when the Brimeyer determines that it is necessary for services to be
provided from City Hall. It is anticipated by the parties that Brimeyer will
provide an average of 25-30 hours per week of administrative services to the
City and that Brimeyer will be on site at City Hall for some portion of the day
approximately two/three (2-3) days per week; however, the number of days
per week that services will be provided to the City from City Hall is flexible
and will be determined by Brimeyer from time to time based on the City's
administrative needs and the Brimeyer's availability. Brimeyer will provide a
proposed bi-weekly schedule of days and hours that Brimeyer is available to
provide services to the City from City Hall for review and approval by the City
in advance for bi-weekly period during the Term of this Agreement. Brimeyer
will also make his services available to the City by telephone, email and
electronic communication on an as needed basis. The foregoing
notwithstanding, the parties understand and agree that the Brimeyer has
other clients for which it provides services and that the City has no right to
Brimeyer's exclusive services.
3. COMPENSATION. The City shall pay to Brimeyer $80.00 per hour for each
hour of administrative services provided to the City that requires the presence
of Brimeyer at the Spring Park City Hall. The City shall pay $40.00 per hour
for each hour that Brimeyer provides (or could provide) services to the City
from the Brimeyer's office or any location other than the Spring Park City Hall.
Travel time to and from city hall shall not be compensated and automobile
mileage shall not be reimbursed. Brimeyer shall be compensated for travel
time when using his personal automobile for city purposes. Brimeyer shall
provide the City with written documentation of all time spent for the provision
of services to the City and shall provide a bi-weekly invoice to the City for the
same which shall include a statement of the services provided, rate, amount
of time, and location from which the services were provided. Partial hours
shall be compensated on a proportional basis.
4. INDEPENDENT CONTRACTOR. Brimeyer is an independent contractor
engaged by the City to provide the administrative services described in this
Agreement and Brimeyer shall not be deemed to be an employee of the City
for any purpose. Nothing in this Agreement shall be construed, implied or
deemed to create any relationship other than one of independent contractor
among the City and Brimeyer, including, without limitation, a relationship of
employment, agency, joint venture, association, partnership or any other form
of legal entity or association. The City shall not withhold for Brimeyer any
sums for payroll or employment taxes of any kind with respect to any
amounts paid under this Agreement, including, but not limited to FICA, FUTA,
state disability tax, and state reemployment insurance benefits. In addition,
the City will neither offer nor provide to Brimeyer any employee benefits,
including, without limitation, workers' compensation, reemployment benefits,
malpractice, health, life or disability insurance, vacation, sick leave, or
retirement plan benefits. Brimeyer shall be responsible for the administration
and payment of all applicable federal, state, and local employment taxes and
withholdings of any compensation paid by the City to Brimeyer. Brimeyer
shall have no right to or claim against the City for vacation pay, sick leave,
retirement benefits, social security, worker's compensation, health or
disability insurance or benefits, unemployment insurance benefits, or any
other employee benefits of any kind and nature.
5. TERM. This Agreement shall be effective from 2022 through
(the "Term").
6. TERMINATION. This Agreement shall continue in effect for the Term unless
earlier terminated by either party by the delivery to the other of 30 days
written notice of termination.
7. DATA PRACTICES ACT COMPLIANCE. Data and information provided to
Brimeyer under this Agreement or through provision of services for the City
shall be administered in accordance with Minnesota Statutes, Chapter 13,
and all data on individuals shall be maintained in accordance with all
applicable laws, rules, and regulations.
8. WORK PRODUCT. All records, information, materials, documents and other
work products prepared and developed by Brimeyer in connection with the
provision of services hereunder shall be and become the exclusive property
of the City. No such documents shall be made available to any other
individual, organization or entity by Brimeyer without the prior approval of the
City.
2
0
9. NOTICES. All notices required to be given by either party pursuant to this
Agreement shall be in writing and sent to the other party at the following
addresses:
To the City: City of Spring Park
Attention: Mayor
4349 Warren Avenue
Spring Park, MN 55384
To Brimeyer James L Brimeyer
1306 Westwood Hills Road
St. Louis Park, MN 55426
All notices shall be deemed received when delivered, if hand -delivered, or
three business days after deposit with the United States Postal Service,
postage prepaid. Notices by telefax or email alone are not sufficient. The
addresses for notices may be changed by the parties from time to time by
delivery of written notice to the other party as provided herein.
10. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the
entire agreement between the City and Brimeyer and shall supersede any
and all other written or oral agreements between the parties. This Agreement
can be modified or amended only by written agreement signed by the City
and Brimeyer.
11. APPLICABLE LAW. This Agreement will be governed and construed in
accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, the City and Brimeyer have executed this Agreement
effective as of the date first written above.
Jim Brimeyer
CITY OF SPRING PARK
By:
Attest:
Jerry Rockvam, Mayor
Jamie Hoffman, City Clerk
3