January 9, 2019 Planning Minutes

JANUARY 9, 2019 – 6:00 PM

1. CALL TO ORDER - The meeting was called to order by Chair Hoffman at 7:00 p.m.

2. PLEDGE OF ALLEGIANCE – Chair Hoffman led the audience in the Pledge of Allegiance.


Planning Commissioners Present: Jeff Hoffman, Chair, Bruce Homan, Michael Mason, and Pete Kaczanowski

Planning Commissioners Absent: Max Avalos

Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; Scott Qualle, Building Official; and Theresa Schyma, City Clerk.

Others Present: Catherine Kane Palen, City Council Member/Planning Commission Ex-Officio; Pamela Horton, City Council Member/Planning Commission Ex-Officio Alternate


Commissioner Mason asked for an addition of Item #8a – City of Spring Park memorabilia.

M/Mason, S/Homan to approve the agenda as amended.

Motion carried 4-0.

a. Planning Commission Meeting Minutes from December 12, 2018

M/Homan, S/Kaczanowski to approve the minutes.

Motion carried 4-0.

a. Short-Term/Rental Licensing Ordinance Discussion

City Planner Brixius provided an overview of the International Property Maintenance Code (IPMC) and how it would factor into a rental ordinance in the City of Spring Park. He stated that the goal of a rental ordinance is to 1) ensure rental housing conditions are safe, 2) require that the landlord is responsible for tenant behavior, and 3) provide a licensing process so that properties are inspected. He stated that rental properties are businesses operating in a residential district and standards need to be maintained for both the renters and the surrounding neighborhood.

Commissioner Mason asked if the IPMC was stricter on short-term rental properties than long-term.

Building Official Qualle responded that the IPMC provides a level playing field for all rental properties. He added that the IPMC has reasonable standards and there is not an undue burden on property owners to comply.

Commissioner Homan asked what would happen to a single-family rental property that was built at a time when smoke alarms were not required.

City Planner Brixius responded that the change from strictly owner occupancy to a short-term or long-term rental property would require life safety upgrades since the owner is no longer the only person taking the risk of living in that home.

Commissioner Mason stated he wants a requirement for short-term rental properties to be owner occupied so that the neighborhood doesn’t feel like they are the ones who have to monitor these rental properties.

Chair Hoffman stated he is not in favor of requiring owner occupied short-term rentals.

Commissioner Homan agreed with Chair Hoffman stating that owner-occupancy is ideal but that it shouldn’t necessarily be a requirement.

Commissioner Mason responded that requiring owner occupancy keeps the neighborhoods clean.

Chair Hoffman responded that is not necessarily the case. He added that the outdoor storage and nuisance ordinances from 2017 came about because homeowners were neglecting their own properties. He stated that it is the character of the property owner, and not the proximity to the property, that determines how well someone maintains their property.

Chair Hoffman questioned the IPMC standards for the exterior of the housing since the focus should be on health, safety, and welfare not the aesthetics of a property.

Building Official Qualle responded that each section of the IPMC is within the City’s control to adopt, alter, or remove. He added that the premise of the IPMC is to get housing stock up to par and that chipping paint leads to rotting wood which leads to drainage issues which can lead to other types of health issues.

City Planner Brixius added that the IPMC doesn’t care about what color a house is painted but that the property is maintained so that minor issues do not become major health and safety issues.

Chair Hoffman agreed.

Commissioner Mason stated that he believes the required parking spaces need to be identified on the property owner’s application.

City Planner Brixius responded that identifying parking spaces and meeting parking requirements will be part of the application process.

Chair Hoffman asked for a recap of the next steps in the process.

City Planner Brixius responded that staff would draft ordinance language for short-term rentals, long-term rentals, and IPMC standards for the Planning Commission to review in February. After the Planning Commission has provided feedback and made their edits the new draft language would be added to the City’s website. Public hearings will be scheduled and all residents and property owners in the City will be notified. He stated that several public hearings may be necessary since many topics are addressed within this proposed ordinance.


a. City of Spring Park memorabilia - Commissioner Mason requested a follow-up on his idea of having Spring Park memorabilia available to the public for purchase.

City Administrator Tolsma responded that he would talk to the Minnetonka Beach City Administrator and visit their City Hall to see what kind of a display area they have.


M/Mason, S/Homan adjourn the Planning Commission Meeting at 7:38 p.m.

Motion carried 4-0.

Date Approved: February 13, 2019

Dan Tolsma, City Administrator

Theresa Schyma, City Clerk