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1/18/2022 - City Council - Regular - Agendas'Or� SPRING PARK On Lake Winktonka CITY OF SPRING PARK CITY COUNCIL AGENDA JANUARY 18, 2022 - 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 January 3, 2022 5. PUBLIC FORUM** 6. PRESENTATIONS & GUEST SPEAKERS 7. PUBLIC HEARINGS 8. PETITIONS, REQUESTS. & APPLICATIONS 9. ORDINANCES & RESOLUTIONS a. Ordinance 22-01: Amending Ch. 42 to Require Short -Term Rentals to Comply with Property Maintenance Code b. Ordinance 22-02: Amending Ch. 10 Adopting the International Property Maintenance Code 10. REPORTS OF OFFICERS AND COMMITTEE a. Mayor & Council b. City Staff c. Contract Staff 11. NEW BUSINESS & COMMUNICATIONS a. Interim Administrator Agreement - Jim Brimeyer 12. CLAIMS FOR PAYMENT a. January 18, 2022 Claims 13. UPCOMING MEETINGS & TRAINING a. February 7 - City Council Regular Meeting - 7:00 PM b. February 9 - Planning Commission Meeting - 6:00 PM c. February 22 (Tuesday) - City Council Work Session Meeting - 6:00 PM d. February 22 (Tuesday) - City Council Regular 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 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 SPRING PARK On Lake Minnetonka 1. CALL TO ORDER CITY OF SPRING PARK CITY COUNCIL MINUTES JANUARY 3, 2022 - 7:00 PM SPRING PARK CITY HALL The meeting was called to order at 7:00p.m. The following Council Members were present: Jeff Hoffman, Mark Chase, Gary Hughes, Pam Horton, and Jerome P. Rockvam. Others present: City Administrator Tolsma, City Engineer Mike Nielson, Rick Gorra, Mike Mason 2. PLEDGE OF ALLEGIANCE Mayor Rockvam led the audience in the Pledge of Allegiance. 3. ADOPT MEETING AGENDA Council Member Hughes motioned, beingseconded by Council Member Horton to adopt the meeting agenda as presented. On vote being taken, the motion was unanimously approved. 4. ADOPT CONSENT AGENDA Council Member Horton motioned, being seconded by Council Member Hoffman to: a. Approve City Council Work Session Minutes from December 20, 2021 b. Approve Regular City Council Meeting Minutes from December 20, 2021 c. Resolution 22-01: Naming Official Depository d. Resolution 22-02: Establishing Order of Business e. Resolution 22-03: Approving Pre -Authorization of Certain Claim Payments f. Resolution 22-04: Authorizing the Use of City Credit Card by Designated Employees g. Resolution 22-05: Designating Annual Polling Place On vote being taken, the motion was unanimously approved. 5. PUBLIC FORUM - none 6. PRESENTATIONS & GUEST SPEAKERS - none 7. PUBLIC HEARINGS - none 8. PETITIONS, REQUESTS, & APPLICATION - none Council Proceedings January 3, 2022 Page 2 9. ORDINANCES & RESOLUTIONS - Council Member Hoffman motioned, being seconded by Council Member Chase to adopt: a. Resolution 22-06: Dates of Meeting, Holidays, and Office Hours On vote being taken, the motion was unanimously approved. City Administrator Tolsma brought forth discussion surrounding city hall hours of operation and whether they can be amended and still meet resident needs. Discussion was had. It was determined that the subject will be moved to the next work session for further review. 10. REPORTS OF OFFICERS AND COMMITTEES - none a. Mayor & Council - Mayor Rockvam brought forward the project list provided by City Ad- ministrator Tolsma and stated he would like to see some of the projects completed prior to Tolsma leaving. b. i tall - City Administrator Tolsma provided Council with the list of Appointments for 2022. Discussion was had. Council Member Hoffman motioned, being seconded by Council Member Horton to adopt the Appoint- ments for Year 2022. On vote being taken, the motion was unanimously approved. Tolsma provided the Council with a list of open projects and recommended holding a special meeting to discuss the open administrator position and next steps. Discussion was had. It was determined to meet with the prior interim administrator, Jim Brimeyer, for coverage assistance and the search for a new one. Council Member Hoffman also asked Tolsma to put together a job description and post on the League of MN Cities website. c. Contract Staff - i. Black Lake Road: Authorization of Plans & Specifications City Engineer Nielson stated he hoped to have the Black Lake Road public meeting to- night but there was a glitch with sending out the notice so the public meeting will be held 2 weeks from now. Nielson said they thought maybe we could use a prescriptive ease- ment for the right of way acquisitions, but he was advised the Torrens properties were ex- empt from the MN ruling and roadway improvements are not covered under the current utility easement. Discussion was had. Mayor Rockvam stated if there is property we need to purchase, then we need to move forward and purchase it and get that resolved prior to having a public meeting. Nielson said he will get the appraisal ordered and asked the Council for approval to pay for the appraisal assessments. Council Proceedings January 3, 2022 Page 3 Mayor Rockvam motioned, being seconded by Council Member Hoffman to allow staff to approve the cost of the appraisal. On vote being taken, the motion was unanimously approved. Nielson brought forward whether we should use the cost estimate from Xcel or obtain a firmer estimate for the undergrounding of the power lines. Discussion was had. Council Member Hoffman made a motion, seconded by Council Member Horton to accept the cost esti- mate from Xcel Energy in addition to obtaining an estimate from a licensed electrician for the hook-up from the residence to the post. On vote being taken, the motion was unanimously approved. 11. NEW BUSINESS & COMMUNICATIONS - none 12. CLAIMS FOR PAYMENT b. January 3, 2022 Claims Council Member Horton motioned, being seconded by Council Member Hughes to approve the claims for payment. On vote being taken, the motion was unanimously approved. 13. UPCOMING MEETINGS & TRAININ c. January 12 - Planning Commission Meeting - 6:00 PM d. January 12 - LMCD Work Session with Regular Meeting to Follow - 6:00 PM e. January 18 (Tuesday) - City Council Work Session Meeting - 6:00 PM f. January 18 (Tuesday) - City Council Regular Meeting - 7:00 PM 14. MISCELLANEOUS (INFORMATION ONLY, Tolsma passed out an invitation from the Gillespie Center to present a partnership award to the partner cities on January 131h at 6:OOpm. 15. ADJOURNMENT There being no further discussion, Council Member Hoffman motioned, being seconded by Council Member Chase to adjourn the meeting at 8:09p.m. On vote being taken, the motion was unanimously approved. Jamie Hoffinan, City Clerk Dan Tolsma, City Administrator 0 NORTHWEST ASSOCIATED CONSULTANTS* INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: TO: Dan Tolsma FROM: Alan Brixius DATE: December 31, 2021 RE: Short -Term Rental IUP / International Property Maintenance code FILE NO: 175.01 21.04 BACKGROUND In 2020, the City of Spring Park amended its zoning code to allow short-term rentals as an interim use permit within the R-1 zoning district, along with performance standards to regulate these uses. The City also approved an IUP Short-term Rental interim use permit for the property located at 3946 Shoreline Drive. In the preparation of the IUP Short-term Rental performance standards, the City put in - place locational requirements to limit the proliferation of short-term rentals within the City. Zoning performance standards were also put in place to address land use and operational issues related to short-term rentals to protect the health, safety and welfare of their potential tenants as well as the properties adjoining the Short-term rental site. City Staff is recommending the adoption of the 2021 International Property Maintenance Code IPMC to be applied to the IUP Short-term Rentals. The IPMC will provide regulations and safeguards beyond the building and fire codes to insure that dwellings and the properties used as Short-term Rentals are kept in good repair and well maintained and properly operated. ANALYSIS The IUP provisions currently include the following: 2. Building Code compliance. All dwellings pursuing an interim use permit for short- term rental shall be in compliance with the City's building and fire codes. Inspection and verification of compliance by the City Building Inspector shall be required. The application of the building code is limited to the building code that was in -place at the time of the dwelling was constructed or applicable to any new construction or building improvement activities. In this respect the building code may not address all the structure, lot conditions or operational elements needed to be in place for the introduction of a short-term rental (commercial use) within a residential neighborhood. CONCLUSION Attached for City consideration, are two code amendments. Chapter 1. Buildings and Building Regulations and Signs. This chapter is amended adoption the 2021 International Property Maintenance Code by reference. Through this code amendment the IPMC is available for City use. Chapter 42 Zoning / Shoreland Ordinance This chapter amendment places the requirement for IPMC compliance in the Interim use Permit for Short-term Rentals allowed only in the R-1 Single and Two Family Residential District. The Code amendments contemplate using the IPMC exclusively for the IUP- Short-term rentals. The Code amendments are provided for Planning Commission and Council review and consideration. E 9a CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO.22-01 AN ORDINANCE AMENDING THE ZONING/SHORELAND ORDINANCE OF THE SPRING PARK CITY CODE (Chapter 42) REQUIRING INTERIM USE PERMITS FOR SHORT-TERM RENTALS TO COMPLY WITH ALL BUILDING CODES, FIRE CODE AND PROPERTY MAINTENANCE CODES THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Chapter 42, Article VIII, Division 2, R-1, Single and Two Family Residential District, Section 42-280(1) Interim use - short-term rental, Provision b2 Building Code Compliance of the Spring Park Zoning/Shoreland Ordinance is hereby amended to read as follows: Sec. 42-280. - Interim uses. (1) Short-term Rental b. Conditions require to maintain interim use permits. 2. Building code / PropgM maintenance code compliance All dwellings pursuing an interim use permit for short-term rental shall be in compliance with all applicable Cily Building Codes and the Citv's Fire and Property Maintenance Codes Inspection and verification of code compliance by the City Building inspector shall be required. Section 2. 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 18th day of January, 2022. CITY OF SPRING PARK By: ATTEST: Jerome Rockvam, Mayor an Jamie Hoffinan, City Clerk 96 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO 22-02 AN ORDINANCE AMENDING CHAPTER 10, BUILDINGS AND BUILDING REGULATION AND SIGNS OF THE SPRING PARK, MINNESOTA CITY CODE ADDING ARTICLE II SECTION 10-37 ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE WITHIN SPRING PARK MINNESOTA. SECTION 1: The Spring Park, Minnesota City Code Chapter 10, Article II, Section 10-37 is hereby amended to add the following adoption of the 2021 International Property Maintenance Code (IPMC). ARTICLE II. — BUILDING CODE Sec. 10-37. — International Property Maintenance Code (IPMC) Adopted. (a) The 2021 International Property Maintenance Code and its amendments are adopted by reference as the property maintenance code for the City. A copy of the code shall be kept on file in the office of the city administrator/clerk/treasurer. SECTION 2. Effective Date. This ordinance shall be in full force and effect immediately following its passage and publication. ADOPTED by the Mayor and City Council of Spring Park, Minnesota this 18th day of January, 2022. Jerome Rockvam, Mayor ATTEST: Jamie Hoffinan, City Clerk. 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 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. CITY OF SPRING PARK in Attest: By: Jim Brimeyer Jerry Rockvam, Mayor Jamie Hoffman, City Clerk City of Spring Park 01115/21 Staff Payroll Check#32654- 32662 and EFT's Payments Check # Employee/Council Name Check Amount Check Date 5858 Farniok, Sharon L. $1,924.94 Hoffman, Jamie K. $1,889.96 Tolsma, Daniel J. $3,078.81 Xion , Patda $1,498.19 Sub Total $8,391.90 Chase, Mark Hoffman, Jeff _ Horton, Pam Hughes, Gary Rockvam, Jerry — Sub Total $0.00 Electronic Misc. Disbursements 1/15/2022 1/15/2022 5859 5860 1/15/2022 5861 1/15/2022 EFT# 30772 PERA Employer Payroll Payment for 1/15/22 $1,585.23 FICA Employee/Employer Payroll Withholding Taxes for 1/15/22 $2,446.16 Dec.21' Wells Faro Monthly Bank Charge $156.61 Jan.22' PSN monthly fee for (payment Services Network $139.95 4th Mr.21'Building Permit Surcharge Fees - MN Dept. Labor & Industry $1,770.24 Jan.22' O tum Bank - HSA Deposit for Employees $1,250.00 1/18/2022 1/18/2022 EFT# 30771 EFT# 30773 1/11/2022 EFT# 30774 1/3/2022 EFT# 30770 1/13/2022 EFT# 30768 1/6/2022 1/4/2022 1/4/2022 EFT# 30769 _ Dec.21' Sales & Use Taxes collected from 3rd Qtr.2021 Business Utility Payments $49.00 EFT# 30767 Jan 22' Sun Life Insurance Premium $2.00 Sub Total $7,399.19 _ Claims: Ck# 32654 - 32662 $6,042.74 1/1/2921 TOTALS $21,833.83 CITY OF SPRING PARK 01/12/22 9:55 AM Page 1 *Check Summary Register© Batch: 011122PAY Name Check Date Check Amt 10100 Wells Fargo Bank NA 32654 CENTERPOINT ENERGY 12/29/2021 $571.66 Gas Usage for Lift#1-6 - 11/18/21-12/17121 32655 DRAIN KING 12/29/2021 $2,365.00 Sewer Cleaning for 3701 Sunset 9/25/21 and 1 32656 FIVE TECHNOLOGY, INC. 12/29/2021 $175.00 Onsite support on Sharon's PC to remove McA 32657 GOPHER STATE ONE -CALL 12/29/2021 $10.80 Dec. 21' Locates - 8 ea. 32658 MNSPECT, LLC 12/29/2021 $1,539.98 Dec.21' Plan Check Fees 32659 NAVARRE TRUE VALUE HARDW 12/29/2021 $44.94 Public Works purchased (1) Dura AA Alk Batte 32660 REPUBLIC SERVICES, INC 12/29/2021 $1,173.42 Nov. 21' Residential Recycling Services - 12/01/ 32661 SPECIALIZED ENVIROMENTAL T 12/29/2021 $1.25 Dec.21' Spring Park Resident Yard Waste Disp 32662 XCEL ENERGY 12/29/2021 $160.69 Electric Usage for Unit X-Mas Lights-11/22/21 Total Checks $6,042.74 CITY OF SPRING PARK *Check Detail Register© Batch: 011122PAY Check # Check Date Vendor Name 10100 Wells Fargo Bank NA 32654 12/29/21 CENTERPOINT ENERGY E 101-41900-381 Utilities/Electric/Gas E 601-49400-381 Utilities/Electric/Gas E 602-49450-381 Utilities/Electric/Gas Total Amount Invoice Comment 01/12/22 10:13 AM Page 1 $163.88 011122A Gas Usage for City Hall - 11/19/21 - 12/17/21 $326.30 011122B Gas Usage for WTP - 11/18/21 - 12/17/21 $81.48 011122C Gas Usage for Lift#1-6 - 11/18/21-12/17/21 $571.66 32655 12/29/21 DRAIN KING E 602-49450-400 Repairs/Maint General $2,365.00 110175 Sewer Cleaning for 3701 Sunset 9/25/21 and 10/28/21 Total $2,365.00 32656 12/29/21 FIVE TECHNOLOGY, INC. E 601-49400-310 Contracted Services $175.00 P238-53 Onsite support on Sharon's PC to remove McAfee and run Ccleaner / Updates on 12/16/21 Total $175.00 32657 12/29/21 GOPHER STATE ONE -CALL E 601-49400-310 Contracted Services $5.40 1120747 Dec. 21' Locates - 8 ea. E 602-49450-310 Contracted Services $5.40 1120747 Dec. 21' Locates - 8 ea. Total $10.80 32658 12/29/21 MNSPECT, LLC E 101-42400-305 Plan Check Fees $565.28 8860A Dec.21' Plan Check Fees E 101-42400-310 Contracted Services $974.70 8860B Dec.21' Residential & Commercial Inspections/Permit Fees/General Fees Total $1,539.98 32659 12/29/21 NAVARRE TRUE VALUE HARDWARE E 101-41900-215 Shop Supplies $44.94 011122 Public Works purchased (1) Dura AA Alk Battery, _ (2) ind/out therrnoeter, Woodworking respirator Total $44.94 32660 12/29/21 REPUBLIC SERVICES, INC E 101-42900-310 Contracted Services $1,173.42 0894-005575 Nov.21' Residential Recycling Services _ - 12/01 /21 - 12/31 /21 Total $1,173.42 32661 12/29/21 SPECIALIZED ENVIROMENTAL TECHN E 101-42800-310 Contracted Services $1.25 011122 Dec.21' Spring Park Resident Yard Waste _ Disposal at Mulch Store Total $1.25 32662 12/29/21 XCEL ENERGY E 101-43100-381 Utilities/Electric/Gas $13.28 0941357374 Electric Usage for Unit X-Mas Lights-11/22/21 - 12/27/21 E 101-43100-381 Utilities/Electric/Gas $147.41 0941476706 Electric Usage for Middle Street Lights - 11/22/21 - ___ 12/27/21 Total $160.69 10100 Wells Fargo Bank NA $6,042.74 CITY OF SPRING PARK *Check Detail Register© Batch: 011122PAY Check # Check Date Vendor Name Amount Invoice Fund Summary 10100 Wells Far -go Bank NA 101 GENERAL FUND $3,084.16 601 WATER FUND $506.70 602 SEWER FUND $2,451.88 $6,042.74 Comment 01/12/22 10:13 AM Page 2