1/17/2023 - City Council - Regular - Minutes CITY OF SPRING PARK
CITY COUNCIL MINUTES
JANUARY 17, 2023 — 6:30 PM
SPRING PARK SPRING PARK CITY HALL
On Lake Minnetonka
1. CALL TO ORDER
The meeting was called to order at 6:30 p.m.
Council: Council Member's Chase,Hoffman,and Sippel were present. Council Member Horton was absent.
Staff City Administrator Anderson, City Attorney Murphy,and City Planner Johnson
2. PLEDGE OF ALLEGIANCE
Mayor Rockvam led the audience in the Pledge of Allegiance.
2b. OATH OF OFFICE (Horton, Sippel,Rockvam):Mayor Rockvam and Council Member Sippel took their Oaths
3. APPROVAL OF AGENDA
Council Member Hoffman motioned, being seconded by Council Member Chase, to amend the agenda moving item 6e under the
Consent Agenda to before item 7a. under the Action Agenda. On vote being taken, the motion was unanimously approved.
4. PUBLIC COMMENT: none
5. REQUESTS&PRESENTATIONS
a. Introduction of City Attorney Joseph Murphy (CCS): City Attorney Murphy introduced himself and
his firm and stated who his firm represents.
6. CONSENT AGENDA
a. Approve Regular City Council&Work Session Minutes from December 19,2022
b. Approve January 3,2023 -Claims for Payment
c. Approve January 17,2023 -Claims for Payment
d. Approve Business and Message License Renewal for Skingevity Spa
e. Approve Sunset Access Encroachment Agreement
f. Approve THC License-Back Channel Brewery
g. Approve Back Channel Special Event—Electric Snow Globe—January 21,2023
h. Resolution#23-06 -Naming Official Newspaper
i. Resolution#23-10 -Electronic Funds Transfer
j. Resolution#23-11 -Designating Annual Polling Places
Council Member Hoffman motioned, being seconded by Council Member Sippel, to approve the Consent Agenda as presented.
On vote being taken, the motion was unanimously approved.
7. ACTION AGENDA:
Item 6e (moved down from the Consent Agenda
The property owner of 4000 Sunset Drive,Joe Cheney,reviewed the improvements he is making to his
property using the Lot Line Exhibit provided in the Council packet as his guide. He stated he would be
building a retaining wall at the end of his property that sits higher than the ROW access and removing rocks
and pavers that were that were on the lot line along with moving the stair landing so that it was at an angle
and not encroach on the ROW. It was requested by Council that either by a separate narrative or made part
of the encroachment agreement that the improvements discussed would be clearly stated. Cheney stated his
attorney would send to City Attorney Murphy. City Administrator Anderson said the language was included
in the agreement,so it wasn't needed. Cheney stated he might want to erect a fence between the lake access
and his property although no plans or surveys for the fence were reviewed or included. Council Member
Hoffman stated the intent to remove the retaining wall and stairs should be clearly stated in either the
encroachment agreement or on the permit.
Council Member Hoffman motioned, being seconded by Council Member Chase, to approve item 6e, the Sunset Access
Encroachment Agreement and Exhibits. On vote being taken, the motion was carried 314. Council Member Sippel abstained.
City Planner Lori Johnson introduced herself,her background,and her planning experience to Council and
then moved forward to review the conditional use permits for Olson Global (The Yacht Club,4165
Shoreline Drive). She recapped each CUP,the details for their use, the multiple previous hearings,planning
commission meetings, the actions taken along with multiple pieces of information that has been submitted to
address the concerns brought forward. She stated all concerns had been addressed except for three items
which were the retail use,loading spaces,and the non-conforming use of the parking lot. She stated the
retail use is for coffee, essentials,and branded merchandise for hotel guests and will be owned by the hotel -
it was determined this did not require a conditional use permit. For the loading spaces, the size was a
concern however the applicant stated they can use smaller trucks to meet the requirements. Additionally,it
was determined after ordinance review by City Planner Johnson that 2 spaces are required for loading and 2
are provided. Regarding the nonconforming parking lot,Planner's Brixius already stated the lot does not
need to be brought into total compliance -City Planner Johnson reviewed Alan's information and summary
and confirmed that the parking meets all code requirements. The plunge pool has been removed from the
plans. The applicant can apply later via a variance or CUP if desired,but per the DNR it cannot encroach
into the setback.
City Planner Johnson commented that the concerns stated in Alisa Butler's letter have been addressed with
some falling under the purview of the LMCD and DNR. The applicant is responsible for working with those
agencies to address any issues.
City Planner Johnson recommended that conditions 4,5,6 &8 of 23-07 and 2,3,5,& 6 of 23-08 are removed
as they are no longer relevant due to the new parking plan that was submitted on 1-11-2023.
a. Resolution 23-07:Approving Conditional Use Permit (Hotel)
Council Member Sippel motioned, being seconded by Council Member Hoffman, to approve Resolution 23-07 with the
conditions and language set forth stating the applicant will comply lvith all City Ordinances of the City of Spring Park before
any certificate of occupancy is issued. Additionally, illegal trespassing or parking on private property will include employees. It
uvas further agreed that conditions 4, S, 6 and 8 can be removed as they are no longer relevant due to the new parkin plan that
was submitted by the applicant on 1-11-2023. On vote being taken, the motion was unanimously approved.
On roll call- Hoffman-yes, Sippel-yes, Chase-yes, Rockvam-yes
b. Resolution 23-08:Approving Conditional Use Permit (Restaurant)
Council Member Sippel motioned, being seconded by Council Member Hoffman, to approve Resolution 23-08 with the
conditions and language set forth stating the applicant will comply with all City Ordinances of the City of Spring Park before
any certificate of occupancy is issued. Additionally, illegal trespassing or parking on private property will include employees. It
was further agreed that conditions 2, 3, 5, and 6 can be removed as they are no longer relevant due to the new parking plan that
was submitted by the applicant on 1-11-2023. On vote being taken, the motion was unanimously approved.
On roll call- Hoffman-yes, Sippel-yes, Chase-yes, Rockvam-yes.
c. Resolution 23-09: Approving Conditional Use Permit (Outdoor Dining)
Council Member Hoffman motioned, being seconded by Council Member Chase, to approve Resolution 23-09 with the
conditions and language set forth stating the applicant will comply with all City Ordinances of the City of Spring Park before
any certificate of occupancy is issued. On vote tieing taken, the motion was unanimously approved. On roll call. Hoffman-yes,
Sippel-yes, Chase-yes, Rockvam-yes.
d. Approve City Appointments for 2023
Council Member Chase motioned, being seconded by Council Member Hoffman, to approve the Appointments for 2023 as
follows: Acting Mayor- Council Member Hoffman,Administrative Committee- Council Member Chase, Police Commission
Alternate-Council Member Hoffman,LMCC-Council Member Sippel. On vote being taken, the motion was unanimously
approved.
8. REPORTS
a. Mayor&Council: Council Member Sippel commented that the amount of salt used should be cut
in asked if there is anything we can do to reduce it. City Administrator Anderson stated he
would check with Larson on both salt and knocking down some of the snow at the street corners
that is causing difficulty seeing and safety issues.
b. Staff. none
9. ANNOUNCEMENTS/MISCELLANEOUS (INFORMATION ONLY
a. February 6,2023 - City Council Regular Meeting—6:30PM
b. February 8,2023 -Planning Commission Meeting—6:OOPM
c. February 21,2023—City Council Regular Meeting—6:30PM
d. February 21,2023—City Council Work Session—5:30PM
10. ADJOURNMENT
There being no further discussion, Council Member Hoffman motioned, being seconded by Council Member Chase, to adjourn
the meeting at 8:29p.m. On vote being taken, the motion was unanimously approved.
Respectfully submitted,
Jamie Hoffman,City Clerk