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HomeMy WebLinkAbout2004 04-19 CC MINUTESCITY OF GEM LAKE MINUTES OF CITY COUNCIL MEETING APRIL, 2004 The April, 2004 meeting of the City Council of the City of Gem Lake was called to order by Mayor Emeott:on Monday, 19 April 2004,. at 7:20 PM. in the first floor meeting room of Tousley Ford. Council Members Watson, Birkebak, Igo and Bosak, and Clerk Magnuson were present. Also presentwere Mr..Hoeschler, Mr. Lindner, Mrs. Robins and Mr. Becicka of the. Planning Commission, the McNulty development and legal team and several members of the community. Following Mayor :Emeott's request for additions, deletions, or corrections, the following actions were taken: I) unanimous approval of the City Council Meeting Minutes for 15 March 2004 as presented.. on motion by Bosak, second by Watson; and, 2) unanimous approval of the City Council Meeting Agenda as amended for 19 April 2004 on motion by Birkebak, second by Bosak. Magnuson then presented General Announcements. Mr. Hoeschler then reported on the activities of the Planning Commission, focusing on the efforts directed to the Hillary Calm development.. He recapped plans considered to date and noticedthat an additional plan "B-2" has been. identified and appears to be very close to a plan workablefor the project and the community. Mr I-loeschierthanked Mrs Swomleyand Mrs Tessier for mobilizing the community to state it's opinions. He also thanked Mr. .McNulty for listening to the community and responding in general to the concerns with alternate. plans. Mr. Hoeschler identified a list of 12 points that are incorporated herewith as part of.his report to the Mayor attached. Mr. Hoeschleralso stated his concern over who and how the sewer to the development would be constructed and financed. Finally, Mr. Hoeschler identified Mr. McNulty's willingness to work toward a solution by setting his .plans .`"13", "D" and "G" aside with no Council action. at this time while plan "B-2" is considered.. Further, Mr. McNulty also consented to a: sixty (60) day extension of tlie. "sixty (GO) day rule setting decision deadlines on plans "B",."D" and"G" from 04 May 2004 to 03 July :2004..In doing so; Mr. McNulty presumed that. the Councilwould be willing to reconvene on 05 May 2004 to hear finding and recommendations of the Planning Commission. Mr, McNulty was then recognized and recapped each of Plans "B", "D" and."G" and then presented a plan and review of Plan. "B-2" and: it's nuances. Mr. Watson asked why continue Plans "B "D" and "G". Mr. Rosow, attorney for McNulty, explained that once a plan is withdrawn, it can not be represented in substantially the same form for at least twelve months. Mr. Watson then asked about house placements andtheability to control same to create visual open space. Mr. McNulty advised that to the extent possible thatwill be the goal although certain placement limitations can have the added effect of reduction of a given lot's value which might concern him. Mr. McNulty indicated red marked areas are suggested House settings and Mr. Watson asked ifthey can be mandated. Mr. Watson also asked about fencing restrictions to give the entire project the feeling of open space and it was indicated the topic can be discussed as part of the restrictive: covenants. Mr. Igo asked how the driveway to Lot 2 would be created, easement or deed? Mr. McNulty indicated easement but also indicated .:lot lines can be amended to include it as part of Lot 2 deeded space. Additional general discussion followed. Magnuson reported Crime. Statistics from the Ramsey County Sheriff and indicated the report would be held in file l'or review. Magnuson also reported on the 800 mhz radio system development, noting future. meetings. Magnuson confirmed receipt by the Council of the minutes of the Contract Cities meeting. Magnuson presented his letter sent to perpetual violators of junk vehicle restrictions indicating citations will be issued on Saturday,.24 April .2004.:Similarly, .a. citation to Leuthard will be issued on the same date. Motion by Igo, Second by. Birkebak to authorize the City Engineer/SEH, Inc. to initiate a feasability study for placing sewer from the Blue Spruce Estates terminus to a point on or adjacent the Hillary Farm development which will include, but not be limited to, preliminary :design,cost estimates, assessment needs and financial planning was unanimously approved by a vote of 5 Aye, 0 Nay and 0 Abstained. McNulty Engineer Anderson was recognized and indicated hewould like tobe included in the meetings with the City Engineer and staff .to:.facilitate sewerplanning as time constraints for McNultyare. significant. 1=lis participation was welcomed. Ms. Linda Thompson of Kelly and Fawcett law firm was recognized. Kelly and Fawcett are city attorneyfor both Maplewood and. White Bear Township and Ms Thompson is present to respond to any questions: regarding the request for a resolution adopting the Joint Powers Agreement with Maplewood, Vadnais Heights, White Bear. Lake, White Bear Township, Ramsey County, MN Commissioner of Transportation and MN Commissioner of Administration which would allow transportation of special vehicles along certain possible routes through and over each of the Cities and roadways owned by Ramsey County and State of MN. Mr. Magnuson recapped the JPA, it's origin and history with requests for changes and indicated City Attorney Newcomer has reviewed the JPA and recommends approval by the Council for execution by the Mayor and Clerk. Motion by Igo, Second by Birkebak to adopt. Resolution No. 2004-02, a copy of which is attached hereto, was unanimously approved by a vote of 5 Aye, 0 Nay and 0 Abstaiin. Following presentation ofa report from Mr. Parotti, the City Engineer, and discussion ofmethodology and financial burden, Motion by Bosak, Second by Igo to order a feasabilitystudy of rebuilding all city streets withan approximate cost of $5,000.00 was approved by a vote of 5 Aye, 0 Nay and 0 Abstain. Magnuson then read, for the record, letters ofthanks from those recipients of Charitable Gambling Distributions. Following discuss ion and comments from both Mr. Becickaand Mr. Hoeschler ofthe.PlanningCommission, Motion by Birkebak, Second by Igo to adopt Resolution No. 2004-03 enacting Ordinance No. 82 and repealing Ordinance No 80 was unanimously approved by a vote of 5 Aye, 0 Nay and 0 Abstain. Motion by Igo, Second by Watson to approve temporaryuse .ofa storage container on the White Bear Montessori. parking lot tofacilitate their fund raising auction and .a.temporary sign for similar purposes was unanimously approved by a vote of 5 Aye, 0 Nay and 0 Abstain. Motion by Bosak, second by Watson to approve Accounts Payable for March/April as prepared by Magnuson and totaling S.17,26 I.42 which includes $20,000.00 sewer fund investment, was unanimously approved. Motion by Watson, second by Igoto accept the April Treasurer's Report as prepared by Cobian and indicating a balance in. the General Fund of.$40,230.92 and in the Sewer Fund of $4.6,35.4.67 was unanimously approved. Motion by Watson, Second bylgo to approve the2003 Unaudited Financial' Statement as presented was unanimously approved by a vote of 5 Aye, 0 Nay and 0 Abstain. Motion by Igo, Second byBirkebak to approve expenditure of$125,00. to reimburse Lindner forenrollinent in an .Environmental Planning. Class was approved by' a vote of 5 Aye, 0 Nay and 0 Abstain. The next meeting ofthe:Gem Lake City Council is scheduled for 17 May 2004. Councilor Birkebak indicated a scheduling conflict will keep him from attending.. There being no further business at 9:15 PM, motion by Bosak, second by Watson to continue the meeting to 05 May 2004 where.. thesole agenda item will be consideration of Planning Commission recommendations for Hillary Farm development by.McNulty Construction was approved by a vote of 5 Aye, 0 .Nay and 0. Abstain. Mr. Hoeschler was recognized. Mr. Hoeschler presented his report of04 May 2004in the form of a letter to Mayor Enteott and the Councilattached noting that the McNulty plan identified now as Plan B-2 has been reviewed along with an interim feasability plan for installation of sanitary sewer along Scheuneman Road. Following his presentation,. Mr. I-Ioescliler presented the recommendations ofthe Planning Commission in the form ofa written Resolution also attached and recommending the Gem Lake City Council approve the Preliminary Plat of Plan B-2 submitted by McNulty Construction Co. And Hillary Farm, LLC with the conditions as set forth therein and incorporating the. Zoning Administrator's and City Engineer'sreview requirements_ Mayor Eineott then calledfor questions of the developer or the Planning Commission by the Council. Several questions regarding the plat were posed and responded by Mr. Hoeschler and Mr. McNulty's team. Mr. Magnuson was then recognized. Magnuson pronounced that the Application for Plan B-2 has been received and isconsidered coinplete. Magnuson then reported on a potential plan for reducing .the cost of installing sewer in Schcunernan Road. Mr. Magnuson proposed the City consider accepting the turn back of Scheuneman Road from Highway 61.on the south to it's intersection with Otter Lake Road on the. northand waivingor restating realignment concerns for the plan identified historically as the ''County Road "F" Extension Realignment. Should the City consider this, Ramsey County has indicated a willingness to consider restoration of thissection of Scheuneman Road to ninety (90%) percent as built condition with possibleaddition of a bike lane at no cost to the City. This plan would dramatically reduce the cost of sewer construction.. Several details need to be worked out but general consensus for Magnuson to proceed with the plan was. given. Mr. Magnuson then reported Mr. Newcome's recommendation regarding the sewer project is to hire Special Counsel forthe effort. Following discussion with Mr. Magnuson, both agreed Kennedy -Graven would be a good choice asthey have worked with us before. Mr. Magnuson then reported oni proposed timelines to move the project forward: 1) reschedule the next City Council meeting from May 17'h to May 24t'''to allow adequate time for preparation of public improvement notices and Plan B-2 review; and, 2). Schedule public hearing for Plan B-2 on May 24'' as no public hearing has been held on this plan and this plan is sufficiently different than Plan .B that previous hearings do not apply;.. and, 3) Schedule a public hearing on City Sanitary Sewer Assessment proposal for May 24'1' Mayor Emeott then .asked for comments from those present.. Mrs. Sworn ley asked several questions and Mr. Hansen handed out a vague plan for cottage homes and deeding of McNulty land to the public. Dr. Birkebak asked Mr. Hansen torefrain from pursuingthis recommendation as it does notfit. the Comprehensive Plan or ideology of the community asspoken by members of the community andhim personally.. Motion by Igo, Second by Watson: to seek a change of venue for the May:24'1' meeting requirements.. due to potential high attendance was unanimously approved. Motion by Watson, Second. by Igo to reschedule the May meeting from May 17'1' to May 24''' at 7:00 PM was unanimously. approved. Motion by Igo, Second by Watson to set a public hearing before the City Council on May 24`.1' to consider Hillary Farm Plan B-2 as reviewed by the Planning Commission andin accordance with their recoinmendations was unanimously approved. Motion by Bosak, Second by Watson to appoint Kennedy -Graven as Special. Bond Counsel for proposed Public Improvement Project No. 2004-0.1, installation of sanitary sewer in Scheuneman Road from Kahl Circle/Gem Lake Hills to. 3841 Scheuneman Road was unanimously approved. There being no further business, Motion to adjourn by Birkebak, Second by Watson was unanimously approved. Mayor Emeott declared the proceedings adjourned. AUTHORED: 23 April 2004 & 10 May 2004 APPROVED: , 24: May 2004 ATTEST: Frederic C. Magnuso City Clerk ATTEST: Paul R. Emeott Mayor elite: iriinutes12004/ 16apmi2004,wpdi