2006 07-26 CC PACKET - Laserfiche WebLink

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Clerk Magnuson reported that Ramsey County Elections, in response to the Help America Vote Act (HAVA), has asked the City to adopt a resolution authorizing the use of the Automark ballot marking device to insure HAVA compliance, and to acknowledge the cost of the system acquisition and maintenance as delineated in the Joint Powers Agreement by and between Ramsey County and Gem Lake, and that the public be informed of the City's intent to use same. Magnuson explained the difference between the Accuvote which tabulates marked ballots andthe Automark which assists voters in marking the ballot. Magnuson indicated we will be using a Ramsey County machine and will be paying only maintenance and software maintenance. RESOLVED: Motionby Bosak, second by Rasmussento adopt Resolution No. 2006-15 was unanimously approved. Clerk Magnuson reported that a duly noticed public hearing was convened before the Planning Commission on 05 June 2006 to receive public comment on a request for a Variance of from Section 9.5(1), Ordinance No. 43G of 9 feet from the 15 foot side yard set back for the R-3 zoning district to 6' to accommodate construction of a detached garage that will align with the attached garage already in place. Construction of the garage will not provide accessory building square footage in excess of 1,000 square feet. The Planning Commission has recommended issuance of the Variance. RESOLVED: Motion by Bosak, second by Watson to adopt Resolution No. 2006-18 was unanimously approved. Clerk Magnuson then reported that the City has worked for the last several months with architect Chris Doehrman who represents Bruce and Lome Shirley to determine how to best construct a home which will include indoor parking for a 40' motor home. Mr. And Mrs. Shirley have acquired the former Thury property at 1400 Goose Lake Road. The current design would create a rear elevation of approximately 44' or 9' greater than the current ordinance allows. Architectural elements will preclude construction of any sheer surfaces of 44' without architectural elements to break the facade. Working with the Plan Review Committee, the Shirley's have agreed to utilize elements contained in Ordinance No. 43G and (proposed) Ordinance No. 43H for building height determination. A duly noticed public hearing was convened and all present who wished to be heard were heard. The Planning Commission has recommended approval of a Conditional Use Permit to allow construction of the proposed design. Mr. Newcome indicated inclusion of Clerk's comments be incorporated. RESOLVED: Motion by Schilling, second by Watson to adopt Resolution No. 2006-19 was unanimously approved. Mayor Emeott then recognized Mr. Watson who spoke regarding the Planning Commission. Indicating his discomfort at addressing the following issue as Mr. Hoeschler is out of the country, he stated it is important the City of Gem Lake take on a new direction in the way our Planning Commission works. Based partly on the fact that the Zoning Ordinance has been under consideration for more than 2 years, he feels it is important to take on new leadership. Watson suggested that Mr. Hoeschler be asked to offer his resignation within 60 days and that Mr. Lindner assume leadership as Interim Chairman of the Planning Commission. Mr. Bosak spoke indicating his desire to speak with Mr. Hoeschler prior to taking the action to get his input. Mr. Rasmussen supports starting anew, he feels the Planning Commission under Mr. Hoeschler's leadership have done a great deal of work for the community but supports the new start. Mr. Schilling stated we need to get to more "win/win" situations and agrees it is time for a change. Mayor Emeottthen spoke that he thanks Mr. Hoeschler for his very concerted efforts and also feels it is time for a change, indicating a more people friendly environment needs to be created willing to negotiate more, especially during the Comprehensive Plan revision process. Mr. Hansen then addressed the Council and Mayor Emeott then interrupted Mr. Hansen stating this is not the time for discussion in an open forum. Mr. Hansen then distributed a hand out to the Council which was not provided to Mr. Magnuson as the recording secretary. Mr. Hansen then called for Mayor Emeott to step down until the fall election and for the replacement of several members ofthe planning commission. RESOLVED: Motion by Watson, second by Schilling to ask Mr. Hoeschler to submit his resignation as Chairman of the Planning Commission and to appoint Mr. Lindner as Interim Chair. Mr. Lindner was then asked if he would serve. He stated he has been a resident for 18 years and has been involved with the Planning Commission for 10 years and has always attempted to balance heart and mind in the decision process. He further indicated he would be honored to serve in the capacity. The motion was approved on a vote of roll call vote of 4 Aye (Watson, Rasmussen, Schilling, Emeott) and 1 Nay (Bosak). Mr. Watson then asked to speak on a non -agenda item regarding Mr. Hansen hand delivering items such as this evenings and other recent hand deliveries. Mr. Watson requested that any person, resident or land owner or their representatives deliver only through the City via the City Clerk so that consistency of receipt of all information is uniform in process. While unsure of the process (law versus policy), materials dropped at the front door be disposed of. Mr. Newcome then spoke indicating correspondence to be distributed to the City Council must typically be delivered to the City at least 2 days prior to the preparation of City Council packets. He further stated most Councils will not consider anything "dropped in their laps" at a City Council meeting. Following inquiry by Attorney Newcome, Mr. Magnuson reported that, by policy, items for Council consideration are due by the close of business on the Thursday prior to a meeting. Following comments from Mr. Hansen, Mr. Watson indicated a consistent delivery pattern will help. Mr. Watson then spoke regarding the Hillary Farm deve I opine nt as it may be affected by the amendments contained in (proposed) Ordinance No. 43H. He stated that as we already have an ongoing development and a Developer's Page 2 of 17