HomeMy WebLinkAbout2004 05-24 CC MINUTESCITY OF GEM LAKE.
MINUTES OF PUBLIC HEARING.
PUBLIC IMPROVEMENT PROJECT NO. 2004-01
MAY, 2004
A Pribl is FIearing for the. purpose ofreceiving:public comment on (proposed)Public.ImprovementProject.No. 2004-
01, installation of sanitary sewer at.Scheuneman Road from approximately. a point near Kahl Circle thence.2,100 feet
south to the south entrance to Hilary Farm was convened by Mayor Emeott before the Gent Lake City Council on
Monday, 24 May 2004. at 8:05 PM in the. first floor meeting room of Tousley Ford located at 1493 East County Road
E in Gem Lake, Ramsey County, Minnesota. Mayor .Etheott, Councilors Bosak,. Igo, Watson and Birkebak; Clerk
Magnuson, City Attorney Newcome, Special Counsel Johnson, City Engineer Parotti and Acting Planning Commission
Chair Lindner were present along with Mr. McNulty. and liis.associates and approximately 30 residents of Gem Lake.
Following Mayor Emeott's request for additions, deletions, or corrections, and on Motion by Igo and. Second by
Birkebak, the Agenda for the Public Hearing was unanimously approved.
For the record, Magnuson indicated that an.otice of public.hearing inthe White.l3ear.Press was.published on 12 May
2004 and that all affected property owners with real property affected by the project, based upon a certified list secured
from Ramsey County Property. Records and Revenue, were also.notified bydirect
Mayor Emeott gave a brief overview of the process leading to this public hearing,.. indicating that while several other
plans for the development of Hillary Farm have been reviewed, the Plan identified as Plan B-2 includes requirements
for construction of sanitary sewer and that the purpose oftonight's public hearing is to formally receive public comment
on (proposed) construction of approximately :2,100 feet of sanitary sewer in accordance with Gem Lakeordinances and
State of Minnesota statutes.
Mr. Parotti then presented his report titled "Feasability Report, Sewer Extension, Blue. Spruce Estates to Hillary
Farm reviewing it's various components and associated costs. A copy of the report is attached hereto. Specifically, Parotti
reported that the report was ordered prior to SEH's knowledge of Ramsey County's willingness to reconstruct the. road.
Hence,the original feasability study considered 3 options while numbers have been amended to reflect reduction in costs
based upon Ramsey County roadway reconstruction funding.
Mr. Lindner then indicated the Planning Commission felt that basedupon comments from the Vadnais Lake Area
Water Management Organization (VLAWMO), the City Engineer, and other experts, construction of a sanitary sewer
for this part of the City was in the best interest of the general and environmental health and welfare of the community.
Mr. Magnuson then reported on Ramsey County involvement in the proj ect relative to rebuilding the road following
construction of the sewer for the project, providing further history of the Functional Roadway Consolidation Plan. of
1993, actions taken by the. Council at that time, failure by Ramsey County to complete the program with Gem Lake, and
opportunities created by the program today. Effective this. day, Ramsey County has weed in principal to reimburse the
City of Gem Lake in an amount estimated at. $170,000 for reconstruction of Scheuneman Road from Otter Lake Road
south to. Highway61. This will, in turn, allowa very cost effective constructionof sanitary sewer to properties adjacent
the construction. The project will also be enhanced by today's low interest rates. Finally, Mr. Magnuson noted this was
also an opportunity to address the many concerns expressed by the residents along and adjacent to Scheunentan Road
regarding traffic and speed problems as Gem Lake residents will have substantially more input into a city street than we
do with County Roads. Inall, a combination of factors all coming together will. yield a project with costs attendant to
benefitted property owners of approximately`$6,000 or less than 33% of what these costs might otherwise have been.
Mr. Newcome then spoke and indicated it is the intentionofthe :City to order an immediate review of Ordinance
No. 64 (the "Sewer Ordinance") to prepare amendments to the ordinance that will allow deferred hook up to the sewer
once constructed and cost sharing based upon benefitted property rather than simple front footage. This will be a top
priority if the improvement is ordered.
Mr_ Scruggs: was then recognized and he asked if the sewer would be available to those north of Kahl Circle. Mayor
Emeott repliedthat a 2/3 majority of the property owners is required for a project tobe implemented and that he has
:attempted to contact all property owners north of Kalil Circle to Otter Lake Road to determine their interest in same_ To
date, he has been unableto gain. a 100% finding and encouraged those interested to: talk as soon as ipossible withtier
neighbors. .lfinterest.is determined, asecond Public improvement Project wilibejam lernented immediately upon proper
notification.
CITY OF GEM LAKE
MINUTES OF PUBLIC HEARING
HILLARY FARM SUBDIVISION, PLAN, B-2
MAY, 2004
A Public Hearing for the purpose of'receiving public comment an an Application For Subdivision of Lands
submitted by McNulty Construction: Company and Hillary Farris, LLC and identified as Plan B-2 was convened by Mayor
Emeott before the Gem Lake City Council on Monday,24 May 2004 at 7:07 PM in thefirst floor meeting room of
Tousley Ford located at 1493 East County. Road E in Gem Lake, Ramsey County, Minnesota. Mayor Emeott, Councilors
Bosak, .Igo, Watson and Birkebak, Clerk Magnuson, City Attorney Newcome, Special Counsel Johnson, City Engineer
Parotti. and Acting Planning Commission Chair Lindner were presentalong with Mr McNulty and his associates and.
approximately 30 residents of Gem Lake.
Following Mayor Emeott's request for additions, deletions, or corrections, and on Motion. by Watson and Second
by Bosak, the Agenda for the Public Hearing was unanimously approved.
For the record, Magnuson indicated that a notice ofpublic hearing in the White Bear Press was published on 12 May
2004and that all property owners .withreal property located within 350' of the Hillary Faun property, based upon a
certified list secured from Ramsey County Property Records and Revenue,were also notified by direct mail_ Magnuson
further noted that, for the record, the Application for Plan B-2 is considered complete to the satisfaction of the. City.
Mayor Emeott gave a brief overview of the process leading to this public hearing; indicating that several other plans
have been reviewed in similar hearings, that this plan has been reviewed in other public -meetings, and that the purpose
oftonight's .public hearing is to formally receive public comment. on Plan B-2 in accordance with Gem Lake ordinances
and State. of Minnesota statutes.
Mr. Lindner as Acting. Chairman of the Nanning Commission was recognized and presented the findings of the
Planning Commission who have worked on this development proposal for more than 7 months. Lindner indicated that
the Planning Commission has adopted a resolution recommending the City Council approve Plan B-2 as being in concert
with the various goalsof the Comprehensive Municipal Plan and both Ordinance No. 43 (the "Zoning Ordinance") and
Ordinance No.58 (the "Subdivision Ordinance"). Included in their recommendation to the City Council are a list of 40
conditions that must be met to insure these goals and objectives are met.
Mr. Magnuson then reported on Ramsey County involvement in the projectrelative to rebuilding theroad following.
construction of the sewer forthe project, providing a history of the Functional Roadway Consolidation Plan of 1993,
actions taken.. by the Council at that time, failure by Ramsey County to complete the program with Gem Lake, and
opportunities created by the program today. Effective this day, Ramsey County has agreed in principal to reimburse the
City of Gem Lake in an amount estimated at $170,000 for reconstruction of Scheuneman Road from Otter Lake Road
south to Highway 61. This will, iriturn, allow a very cost effective construction of sanitary sewer to properties adjacent
the construction_ The project wi!! also beenhanced by today's low interest rates. Finally, Mr. Magnuson noted this was.
also an opportunity to address the many concerns expressed by the residents along and adjacent to Scheuneman Road
regarding traffic and speed problems as Gem Lake residents will have substantially more input into a city street than we
do with County. Roads.
Mr. McNulty then presented an overview ofhis company, it's history with the property and the Plan. identified as
13-2, highlighting it's evolution to final form.
Mayor Emeott requested cotntnents:irom those present asking that those who have not been heard previously
be recognized first and that comments be limited to 3 minutes each.. Mr. Grundhoffer, Ms. Brown, Mr. Jantz; Mr. John,
Mrs. John, Mr. Scruggs; Mr. Terry and several others made comments and asked questions ofMr: McNulty, the Council
and Mr. Newcome. Generally, Mr: Jantz and Ms. Brown expressedconcern over the variance from 3 acre minimum
zoning. Mr: Watson and Mr: Newcome indicated that 3 additional lots were necessary to insure economic:feasability of
the projectsince the City was requiring:a plan with sewer Contrary to our ordinance. Mr. John asked if the community
was paying for sewer in the development and Mr: Bosak and Mr: Newcome indicated that thedevelopment is:
underwriting and diluting the cost of the sewer Mr. Johnson indicated this: is the least expensive public improvement
of this magnitude he has seen: Otherquestions were asked and answered.
Mayor Emeott then thanked allthose present for appearing this evening and indicated the matter would be
considered by the City Council later in the. evening.
There being no farther business, Motionta adjourn by Watson and Second; by Birkebak was unan.imousIy approved.
Mayor Emeott declared the proceedings. adjourned 8:05 PM.
AUTHORED: 25 May 2004.
APPROVED:. 2.I-June 2004
ATTEST: ` ATTEST:
Frederic C. Mag ¢p/ Paul R. Emeott
City Clerk Mayor
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CITY OF GEM LAKE.
MINUTES OF CITY COUNCIL MEETING
MAY, 2004
The May, 2004 meeting of the City. Council of the City of Gem Lake was called to order by Mayor Emeott on
Monday, 24 May 2004, at 8:45 PM in the first floor meeting room of Tousley Ford. Mayor.Emeott; Councilors Bosak,
Igo, Watson and Birkebak, Clerk Magnuson, City Attorney Newcome, Special Counsel Johnson, City Engineer Parotti,
and Acting Planning Commission Chair Lindner were present along with Mr. McNulty and his associates and
approximately30 residents of Gem Lake.
Following Mayor .Eineott'srequest for additions, deletions, or corrections, the following actions were taken: 1)
unanimous approval of the City Council Meeting Minutes for 19 April 2004 and 05 May 2004 (continuation) as
presented on Motion by Watson, Second by Birkebak; and, 2).unanimous approval of the City Council. Meeting Agenda
as amended for 24 May 2004 on Motion by Bosak, Second by Watson.
Magnuson then presented General. Announcements.
Magnuson reported satisfaction of the violation of City ordinances at Singh Enterprises, d/b/al HCO.
Review of the Sheriff's reports was tabled to June.
Magnuson then reported that Vadnais Heights has been billing Tousley Ford since 1995 when water was connected
to their facility from Vadnais Heights. Magnuson noted that no Joint Powers Agreement for this exists and the matter
is being. reviewed. It is possible that Vadnais Heights could owe Tousley as much as S14,000 in over paid sewer charges.
Magnuson further noted that Vadnais Heights appears to be hesitant to continue to provide plowing/sanding and sewer
flushing services in the future and that Magnuson will institute a searchfor independent contractors.
Following reading aloud by Magnuson for the benefit of those present, Motion by Watson and Second by Birkebak
to adopt Resolution No. 2004-04 as presented approving with conditions the Application for Subdivision of lands
identified as. Plan B-2 submitted by McNulty Construction for Hillary Farm, LLC was approved by a vote. of 5 Aye, 0
Nay and 0 Abstain. Following approval, Mr. McNulty presented Mr Newcome with a letter formally withdrawing all
previouslysubmitted plans including those identified as "B", "D" and "G". Mayor Emeott and the Council then thanked
Mr. McNulty for his patience, foresight and willingness to work with the community to create what we believe will be
ane exceptional development.
Following reading aloud by Magnuson for the benefit of those present, Motion by Watson and Second by Bosak
to adopt Resolution No. 2004--06 as amended and approving the turn back to the City of Gem Lake from Ramsey County
of Scheuneman Road from it's.. intersection with Otter Lake Road on the north to it's intersection with State Highway
6 I on the south was approved by a vote of 5 Aye, 0 Nay and 0 Abstain. The matter will now be sent to the Ramsey
County Board for affirmation and Ramsey County Public Works for finalization of funding.
Following reading aloud by Magnuson for the benefit of those present, Motion by Birkebak and Second by Watson
to adopt Resolution. No. 200405 as presented and approving ordering of Public Improvement Project No. 2004-01 was
approved by a vote of 5 Aye, 0 Nay and 0 Abstain.
Following reading aloud by Magnuson for the benefit ofthose present, Motion .by.Igo :and Second .byBosak to adopt
Resolution No. 2004-07 as presented and approving official intent to reimburseexpenditures for governmental purposes
from the proceeds of tax: exempt bonds to be issuedto fund Public. Improvement Project No. 2004-01 was approved by
a vote or 5 Aye, 0 Nay and. 0 Abstain.
Following reading aloud by Magnuson for the benefit of those present, Motion by Igo and Second by Watson to
adopt Resolution No. 2004-08 as presented and approving a retail tobacco license for Singh Enterprises, dlb/a Marathon
and HCO was approved by a vote of 5 Aye, 0 Nay and 0 Abstain.
Motion by Birkebak and Second by Igo to NOT WAIVE. the monetary limits on municipal tort liability established
by Minnesota Statutes 466.04 was approved by a vote of 5 Aye, 0 Nay and 0 Abstain.
Motion by Igo and Second by Bosak to approve Accounts Payable for April/May as prepared by Magnuson and
totaling$36,656.45 was unanimously approved. Motion by Watson, second by Igo to accept the May Treasurer's Report
as prepared by Cob ian and indicating a balance in the General Fund of $47,.143.83. and in the Sewer Fund of $28,50.9.33
was unanimously approved.
Motion by Birkebak and Second by Watson to approve the Clerk's transfer of funds between the sewer fund during
the next sixty days to accommodate cash flow needs prior to receipt of 2004 taxes payable from Ramsey County was.
approved by a vote of 5 Aye, 0 Nay and 0 Abstain.
Thenext meeting of the Gem Lake City Council is scheduled for 21 June 2004. Councilor Watson indicated a
scheduling conflict will keep him from attending.
There being no further business at 9:30 PM, Motion by Igo and Second. by Watson to adjourn was unanimously
approved. Mayor Emeott declared the proceedings adjourned.
AUTHORED: 25• May 2004
APPROVED: 21 June 2004 ..
ATTEST: ATTEST:
Frederic C. Magi
City Clerk
Paul R. Erneott
Mayor
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CITY OF GEM LAKE
MINUTES OF PUBLIC HEARING
Additional Public Improvements For Project No. 2004-01
MAY, 2004
A Public Hearing for the purpose of receivingpublic comment on an proposed additions to Public Improvement
Project No. 2004-01 including installation of an extension of the municipal sanitary sewer system at Scheuneman Road
commencing at a point adjacent to Kahl Circle and thence northward. approximately 1,000feet to the intersection of
Scheuneman and Otter Lake Roads. The Public Hearing was convened. by Mayor Emeott before the Gem Lake City
Council on Monday, 21 June 2004 at 7:10. PM in the first floor meeting room of Tousley Ford located at 1493 East
County Road E. in Gem Lake, Ramsey County, Minnesota on a motion by Igo, Second. by Bosak andunanitnous vote
of the City Council. Mayor Emeott, Councilors Bosak, Igo, and Birkebak, Clerk Magnuson, Special Counsel Johnson,
City Project Engineer Mitchell, and Planning Commission. Representative Lindner were present along with residents as
follows: Vern Grundhoffer, Ray. and Gloria Tessier, Dale and Gretchen Artig Swomley, Alta Estrin, Cindy and Bob
Scruggs,. and Tom Doran.
Fullowing.Mayor .Emeatt's request for additions, deletions, or.corrections, and on Motion by Watson and Second
by Bosak, the Agenda for the Public Hearing was unanimously approved.
For the record, Magnuson indicated that a notice of this public hearing was published on I2 May2004 in thelegal
notices section of the White Bear Pressand that all property owners with real proPerty located along the affected area
of Scheuneman Roadbased upon a certified list secured from Ramsey County GIS Users Group Internet Site were also
notified by direct snail.
Mayor Emeott gave a brief overview of the process leading to this public hearing, indicating that consideration of
this planhas been reviewed in other public meetings, and that the purpose of tonight's public hearing is to formally
receive public comment on proposed additions to Public. Improvement:Project No 2004-01previously ordered in
accordance with Gem Lake ordinances and State of Minnesota statutes.
Mr. Lindner as representative of the Planning Commission was recognized and commentedthat the members of the
Planning Commission felt it was in the best interest of the community to include the area north of Kahl Circle in the
sanitary sewer project.
Mr. Magnuson then reported on Ramsey County involvement in the project relative to rebuilding the road following
constructionof the sewer for the project, providing a history of the Functional Roadway Consolidation Plan of 1993,
actions taken by the Council at that time, failure by Ramsey County to complete theprogram with Gem Lake, and
opportunities created by the program today. He noted that Ramsey County has agreed in principal to reimburse the City
of Gein Lake in an amount up to.:$170,000 for reconstruction of Scheuneman Road from Otter Lake Road south to
Highway 61. This will, in turn, allow a very cost effective construction of sanitary sewer to properties adjacent the
construction. The project will also be enhanced by today's towinterest rates. Finally, Mr. Magnuson noted this was also
an opportunity toaddress the many concerns expressed by theresidents along andadjacent to Sclieuneman Road
regarding traffic and speed problems as Gem Lake residents will have substantially more input into a city street than we
do with County Roads.
Magnuson then presented the Statement of Need, noting this proposed addition to the project already approved is
needed to further the public health and the environment of the City's most densely populated and oldest residential area
with the oldest septic systems in the. City. In the event of a system failure, many of the existing septic systems can not
be replaced as redundant sites are simply not available on thesmaller. lots. Also,several cesspools are located in the area
which, in accordance with Ordinance No 64,.mnust be removed by 2009. The goals of theNPDFS will also be furthered.
as the northpond at the. Gem Lake Hills. golf course and. the Kahl wetlandswiIl be positively impacted through abatement
of (further) potential contamination. from failing orpaorlyoperating septic systems. Finally, by including this project with
the sanitary sewer project already approved south of Kahl Circle,excellenteconomics of scale can 'berealizedto reduce
the cost of the project by more than 60%.
Magnuson then presented Findings ofFact, referencing Mr. Eklin's recent ISTS Inspection Report dated 16-17 June
2004 which indicates 2 currently, failing ISTS, 3 marginal ISTS,. ] drywell that will require replaceinent in 2009, and only
3 operationally. acceptable ISTS with noredundant sites. Hence, most{67%) systemsin this district will require
replacement in the near future and the balance: can not be replaced unless placed directly over existing systems.
Magnuson then noted that. Mr. Doran had produced a petition presented to the City signed by of the 9 affected
property owners requestingthe City undertake the project. Magnuson further indicated Mr. Peterson's mother had called
from the hospital where Mr. Peterson is currently and added his positive approval of the project for a final tally of 8 of
9 affected properties requesting the project.
Mitchell then presented the Feasibility Report for the project dated 2.l June 2004, a copy of which is attached hereto.
IVlagnuson then discussed changes proposed to local Ordinance No 64 to allow the City to assess the improvement
on a benefitted property basis in the alternative to the current acreage and front footageformulas cited inthe ordinance.
He further discussed how localresidents would benefit by the additionalresidential properties to be developed in Hillary
Farms which will effectively reducecosts by 50%.
Mayor Emeott then asked ifthe Councilors present had any questions staffor professionals present. None were asked
as the Council had already discussed and reviewed the material for the proposed project addition. All Councilors present
concurred that timing and economics make this project very attractive to the residents.
Mayor. Emeott then requested comments from those, present asking that those who have not been heard. previously
be recognized first and. that comments be limited to 3 minutes each.. Mr. Grundhoffer;.Ms. Tessier; Ms. Estrin and Mr.
Doran had questions or comments, none of which opposed the project.
Mayor Eineottthen thanked all thosepresent for appearing this evening and indicated the matter would be
considered by the City Council later in the evening.
There being no further business, Motion.. to adjourn the hearing by Igo and Second by Bosak was unanimously
approved. Mayor Emeott declared the proceedings adjourned 8:05 PM.
AUTHORED,: 07 July 2004
APPROVED:. ':.I4 Jiilj 2004
ATTEST:
ATTEST:
Frederic. C. M g s Paul R. Emeott
City Clerk Mayor
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