December 21, 2020 City Council Minutes

DECEMBER 21, 2020 – 7:00 PM

1. CALL TO ORDER – Mayor Rockvam called the meeting to order at 7 pm.

M/Hughes; Tolsma has an addition of Resolution 20-34 under 9e. Motion maker approves. S/Hoffman.
Motion carries 5/0.

a. Approve Regular City Council Meeting Minutes from December 7, 2020
M/Horton; S/Hoffman
Motion carries 5/0.




a. 3946 Shoreline Drive Rezoning Request
8.a.i. Resolution 20-28: Denying Zoning Map Amendment for 3946 Shoreline Drive

Brixius said the intention is to allow continued short-term rental. He said the Planning Commission (PC) found the change in land use inconsistent with the comprehensive plan. He said it was found that issues related to traffic and parking were enough to receive negative votes for approval. He said in that respect, that is the first resolution for consideration. Brixius went on to say that the PC then considered an interim use as an appropriate way to utilize this with performance standards compatible with the surrounding area. By allowing an interim use it was stipulated that it has to be located adjacent to commercial property, located on either Shoreline Drive or Sunset Drive, there can be no physical alterations to the structure to accommodate the use, the interim use would not be transferable, distinguish the number of bedrooms for guests and regulation on parking. Brixius said the PC felt these restrictions were appropriate and the PC recommended approval for Mr. Anton Reder, 3946 Shoreline Drive, as outlined in the resolution. Those include Mr. Reder maintaining a permanent residence and remaining as caretaker of the property, the owner will demonstrate adequate parking, the interim use permit (IUP) will be granted for an initial one year ending in December of 2021 unless extended by the council. This is intended as a trial. Btrixius said finally, the interim use permit which is unique to zoning would establish the following means for expiration: December 31, 2021 in the event it wasn't pursued for continuation; the IUP would expire if the property was changed back to single family use; if there is a change in ownership the IUP would expire requiring the new property owner to pursue a new IUP as well as any violations of the IUP or city code violations. With that, the PC recommended approval of the IUP zoning ordinance, the resolution granting the IUP; and denied approval of the requested zoning application.

Rockvam asks if this is limited to where the interim use can be and Brixius explains where they would be allowed. Rockvam asked if the public hearing at the PC was well attended and Brixius confirmed there were a lot of people who spoke in favor of Mr. Reder's operation. Tolsma said he estimated there could be 11 properties throughout the city that could potentially meet the criteria. Rockvam is looking for a motion for Resolution 20-28 to deny the zoning change.
M/Horton to approve Resolution 20-28 Denying Zoning Map Amendment for 3946 Shoreline Drive. S/Chase. Rockvam wants to clarify that a positive vote would recommend for denial and Tolsma confirms.
5/0 Motion carries unanimously.

b. 3946 Shoreline Drive Interim Use Permit
8.b.i. Ordinance 20-04: Amending City Code to Allow Interim Use Permits in R-1 District
M/Horton makes a motion to approve Ordinance 20-04; S/Hughes.
Horton would like to ask if this does go forward that there be a home inspection requirement such as plumbing, water, electrical. Rockvam asked Hoffman if this was discussed by the PC and Hoffman said it was. Anton Reder's attorney speaks (unidentified). He thinks regulate not eliminate is the way to go. He believes Anton runs a good, professional business and he is here as an advocate and a friend.

Anton Reder speaks and wants to thank Brixius for the work he has done and the city for listening to him. He wants to keep on doing what he has been doing. He thanks those who have continued to support him. Sharon Gleason said she has sent a letter to the city stating there have been no problems with parking whatsoever. She feels Anton does things right and he is a good neighbor.

Rockvam said when he first heard about this he went and spoke to the immediate neighbor, Jeff and Sharon Gleason. He said Gleasons had nothing but praise and how well the operation was run.

Gabriel Welker from Mound and a friend of Anton's wants to refer to the inspection requirement Ms. Horton mentioned and holding it to the same standard as a hotel as he doesn't feel it's a fair comparison. Horton said that isn't what she said. She said she feels the running water, plumbing, electric that everything is ready to go. She said there a lot of buildings in Spring Park that are substandard and there needs to be a baseline going forward.

Anton Reder said he's been in the trades for a long time and he doesn't want the intrusion. He doesn't want to be charged for an inspection.

Rockvam said it isn't a matter of what it costs, it's a matter of treating everyone the same. He said he agrees that Reder's place is immaculate and he does a nice job. But if someone else wants to do the same thing, it is necessary to have standards for everyone.

Mike Mason agrees Reder runs a good operation. He feels there should be a one-time inspection for health and safety reasons.

Chase feels this is a great compromise. He is in favor of regulation and the fact that the landlord lives on the site and it's a temporary trial.

Hearing no further discussion, Rockvam calls for a vote.

Brixius said there could be a provision added as number 10 to require …
Hoffman would like to clarify they are talking about Ordinance 20-04 first. Hoffman said they are on item b.i. Ordinance 20-04. They need to vote on this. Tolma said this ordinance would change the code to allow this in our city and the following resolution would allow Anton Reder's business. Tolsma clarifies there is a standing motion and second on the Ordinance 20-04.

Horton said the maker of the motion agrees to the amendment to Ordinance 20-04 to also include an inspection demonstrating applicable building and fire codes be added.
Rollcall: Chase, yes; Hoffman, no; Horton, yes; Hughes, yes; Rockvam, yes.
Motion carries: 4/1

8.b.ii. Resolution 20-29: Approving Interim Use Permit at 3946 Shoreline Drive
M/Horton makes a motion approving Resolution 20-29; S/Chase.
Rollcall: Chase, yes; Hoffman, no; Horton, yes; Hughes, no; Rockvam, yes.
Motion carries, 3/2.

a. Resolution 20-30: Approving Final 2021 Levy – Tolsma said the resolution in front of the council is for approving a 3.2% levy increase. He has an alternate resolution for 0% increase if that is the wish of the council.
M/Horton makes a motion for Resolution 20-30. S/Hoffman.
Motion carries 5/0.
b. Resolution 20-31: Approving 2021 Staff Wages & Benefits
M/Horton makes a motion for Resolution 20-31. S/Hoffman.
Discussion - Rockvam reads the Resolution 20-31: “...City Administrator we have a one-time increase of $6300 divided by 24 payperiods. One of the reasons is Rockvam supported it and the council backed him on it is Tolsma spent the better part of two years working with the MN Legislature and committees to qualify to get money from the state bonding bill. He testified twice and drafted the proposal and the committee came to Spring Park by bus and Tolsma showed them the city. As a result the city got a 1.5 Million Dollar grant from the bonding bill to help with a construction project on West Arm Road West with the water and sewer and the road project. The council feels there was an over and above work ethic put forth by Tolsma compounded by the fact that the city clerk took another job in the height of the election season and put an extra load on the staff in place. Staff is Dan and Sharon is part-time. He said Dan was able to seek out Wendy Lewin, the former city clerk, to help on a temporary basis. He said the city is very small and when one person leaves it's 33.3% of the workforce.

Rockvam continues to read from the Resolution language referring to the new city clerk wages and Office Assistant Farniok to $29.11 per hour. He said the increase this year was based upon 1.7% COLA and on hers it was 14.9% on performance as it is her last year with the city.

Rockvam continues to read from the Resolution regarding Staff benefit package, HSA contributions, Sun Financial life/accidental insurance, long term disability, Flex time compensation, overtime.
Rollcall vote: Chase, yes; Hoffman, yes; Horton, yes; Hughes, yes; Rockvam, yes.
Motion carries 5/0.

c. Resolution 20-32: Approving 2021 Budget
M/Hughes; S/Horton.
Motion carries unanimously 5/0.

d. Resolution 20-33: Authorizing Amendment to Recycling Grant Agreement with Hennepin County
M/Rockvam; S/Horton
Motion carries unanimously 5/0.

e. Resolution 20-34:
Brixius said this will formally adopt the 2040 Comprehensive Plan and this needs to be sent along with some other materials to get reimbursement on the grant. Rockvam asked if this was good for ten years and Brixius confirmed. Rockvam said there is a lot of work that goes into this and everything the city does has to tie into this. Brixius said there are not a lot of significant changes for Spring Park. He said the Resolution is straight forward and this was originally approved by the Met Council in September with conditions and it was approved.
M/Hoffman; S/Horton.
Motion carries unanimously 5/0.

a. Mayor & Council – Mayor Rockvams wants to wish everyone in Spring Park a Merry Christmas and a Happy New Year as this is the last meeting of the year.
10.a.i. Councilmember Hughes Fire Department Report
Hughes said he and Tolsma attended the last fire commission meeting and he will try to highlight some remarks made by Chief Pederson. Hughes said there has been 1850 hours and because of people working from home there has been more response by firefighters. Horton asked about police and fire response to Presbyterian Homes for lift assists. Hughes said it hasn't changed due to Covid. Hughes said the fire department is looking to replace their air tanks. They had been budgeting for the last six years about $31K per year but they were able to get a grant and they replaced all the tanks. There is an old truck they want to replace and they're having a new grass rig built that will be able to go on the trail and out on the ice easier. An old truck cannot be certified anymore so they'll be replacing it. Hughes said every two weeks they meet with surrounding departments.
b. City Staff – Tolsma said the City will be closed on Thursday, 12-24 and Friday, 12-25 and the following Friday, 1-1-2021.
c. Contract Staff – nothing.
a. December 21, 2020 Claims
M/Horton; S/Hoffman.
Motion carries 5/0.

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


M/Horton; S/Hoffman.
Motion carries 5/0

Dan Tolsma, City Administrator

Theresa Schyma, City Clerk