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HomeMy WebLinkAbout2010 09-20 CC MINUTESCITY OF GEM LAKE; MN 4200 Otter Lake Road Gem Lake, MN 55110-3227 Telephone 651-747-2790 E-mail City ir,wemlakeMN.arg Minutes of Gem Lake City Council Meeting 21 September 2010 The regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Uzpen on Tuesday, September 21, 2010 at 7:00 pm in the Gem Lake City Hall meeting room. The following members were present: Mayor Robert Uzpen, Councilmembers James Lindner, Gretchen Artig-Swomley, Richard Bosak and Thomas Rasmussen. Other members of the public attended per the sign in sheet sent around the room. APPROVAL OF AGENDA AND MEETING MINUTES City Council. Agenda: Mayor Uzpen called for additions, deletions and corrections to the agenda. Upon motion by Councilmember Artig-Swomley, and seconded by Councilmember Bosak, the agenda was approved for September 21, 2010. Ayes- 5, Nays -- 0. City Council August Meeting Minutes: The August, 2010 minutes were presented and corrections were needed. Upon motion by Councilmember Artig- Swomley, and seconded by Councilmember Bosak, the minutes of August 2010 were accepted with corrections being made. Ayes — 5, Nays — 0. Planning Commission August Meeting Minutes: The Planning Commission minutes were tabled to be reviewed at the October City Council meeting. Newsletter: Councilmember Artig-Swomley suggested having the lead story on the railroad crossing that was repaired. In addition, an article on the hunting ordinance and why it adopted and stress that not everybody agreed with the. ordinance, but the City. Council listened to the residents and made their decision based on the safety for the citizens of Gem Lake. Mayor Uzpen sent a letter to. land owners of five acres or more suggesting they post 'n❑ hunting" signs on their land. Within the Hunting Ordinance, there is a provision to obtain an archery permit, which can be obtained at the White Bear Township office. The permit is written with the directions on what you can and cannot do regarding hunting in Gem Lake and the person requesting the permit has to sign it stating that they have read the information and will follow the rules. Finally, a progress report on the Vadnais Heights sports facility. Gem Lake City Council Meeting Page 2 of 5 OLD BUSINESS Tower Ordinance: There has been a Public. Hearing an this Ordinance and the Planning Commission forwarded this to the City Council. Councilmember Artig- Swomley stated that not all towers are high voltage and feels that a high voltage sign is not required on each tower. Wants the wordage on the ordinance to state to say that "high voltage" sign is required only for those towers. It has to be determined what would be considered "high voltage." Councilmember Artig- Swornley feels a safety sign would be more appropriate. In addition, the question was brought up as to why it needs to be connected to the electric company, Councilmember Bosak recommended striking this section of the ordinance. Councilmember Rasmussen asked about the smaller low voltage that you could buy at Menards's. Some residents may want to power their homes and not connect with the power company. City Attorney Trevor Oliver was present at the meeting and went through the wordage of the ordinance with the City Council. Mayor Uzpen recommended to the City Council to let Attorney Oliver work on the ordinance further. Conditional Use Permit for S.G.S. Holdings: the Planning Commission had a Public Hearing regarding this permit, recommended to move forward with this, and forwarded to the City Council. Mayor Uzpen asked if the City Council had any questions or concerns regarding this permit. The owners Giorgi Gochitashvili and his wife Sally Ackerman presented the required paperwork. The question was raised regarding the buried tanks. It had been recommended to remove the oil from the soil. NCPA came out to view the property and closed the file, as there is some contamination, but not enough for any concerns at this time. They would need to go down 50 feet to check soil on existing tanks. The holding tanks. were put in 1998 and are underground tanks. They are per code and the well is in place and tested okay. The well is 50 feet away from the tanks and code is requiring that the well be 100 feet away from the tanks. The condition on closing. the sale on the property will be the well will be moved 100 feet north from the holding tanks. The bank has not sent the report to the City Council stating this information. The City Council is requesting the MPCA report to view. At this point, the owners want to renovate the car wash building for the car showroom with an office and space to repair cars in the back of the building. They are also planting special plants that help the environment. If they decide to add a gas station at a later date, they will remove the underground tanks and test the soil around and beneath the tanks at that time. The State of Minnesota requires that gas stations have ten years to remove the underground tanks. Novua. Engineering was at the property and determined if a food store were built at a later date, then there would be a lot of testing before a food license would be issued. At this point, a Conditional Use Permit is for the sale of cars. The standards are: Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 3 of 6 1. The Conditional Use Permit will automatically renew unless the City Council determines that S.G.S. is in violation of the conditions of this permit. 2. Move the well 100 feet from the underground tanks if the tanks stay in the ground. 3. There will be no detraction from the appearance of the adjacent properties or the town as a whole. 4. There will not be an ascetic in compatibility. 5. There will not be noise in compatibility.. 6. There will not be damage to. vegetation. 7. Traffic patterns will not be made into the effect. 8. It will not cause soil erosion. 9. It will not increase flood potential. 10. The proposal is consistent with the comprehensive plan and complies with other ordinances. 11. No cars will be located on County Road E for sale. 12. No cars will be located on Scheuneman Road for sale. The application is to sell cars from a remodeled carwash, so there will not be retail cars for sale on County Road E in the parking lot or on Scheuneman Road in the parking lot. The retail cars will only be in the car wash/showroom. There will be about five to 10 parking spacing in the lot for customers. Upon motion by Councilmember Rasmussen and seconded by Councilmember Bosak, the motion has been made and seconded to approve the Conditional Use permit for S.G.S Holdings with the added conditions as discussed. Ayes — 5, Nays — 0: Resolution 2010 — 13 Delinquent Sewer Bills: Resolution was discussed and any delinquent as of the property ID will be assessed to their property taxes. There was a typo in the resolution. Upon motion by Councilmember Rasmussen and seconded by Councilmember Lindner, Resolution 2010-13 was approved with corrections. Ayes — 5, Nays 0. Resolution 2010-14 Delinquent Fire Bills: All commercial properties on Hoffman Road and Scheuneman Road who are delinquent with fire inspections. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak, Resolution 2010-14 passes. Ayes— 5, Nays — 0. Resolution 2010-15 Delinquent Septic Bills: There is a typo on the resolution. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak, Resolution 2010-15 passes with corrections. Ayes — 5, Nays — 0. Claims for September: Treasurer Jessie Hart is at a conference this week, so the claims were not printed out for the council to view. There is an ordinance in place so that repeating bills can be paid. The council approved the paying of these bills under this ordinance. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 4 of 6 Monthly Financial Reports: The. City Council received and reviewed the handout. Gem Lake needs to have a fee schedule in place for the archery permit. Tangwall!Larkin Discussion: Mr. Tangwell has not applied at White Bear Township for his permit. He is trying to get a professional landscaper to create a new plan before he applies for the permit. Mayor Uzpen has not spoken with Rob Olson, so Attorney Oliver will call Mr. Olson. It has been over a Year since the City Council has addressed this issue with Mr. Tangwall. The next step would be the city states what is suppose to be done or the city will proceed with a monetary fine and have a judge review it. It can be a misdemeanor citation. The city cannot assess their property, but can move forward to the next step. A letter needs to be sent out requesting an update every thirty days. Attorney Oliver will keep the council updated. Four Seasons Conditional Use Permit: There have been violations of the Conditional Use permit on a weekly basis. The City Council will have a Public. Hearing in October and will send out a Letter stating that the Conditional Use permit will be revoked. OPEN ITEMS Mayor Uzpen stated that the plowing contract needs to be renewed. The plowing contract is from October to September. He is receiving bids and will present the bids to the council at the Workshop. Counciilmember Artig-Swomley is writing, a proposal to present to the council to obtain a permit for solar power for her home. There is no ordinance regarding any solar heating. The panels will be eight to ten feel high and it will be in her yard. Resident Paul Emeolt had some questions regarding the tower ordinance. The City Council answered his questions regarding the height of the tower and clearance for the tower. FUTURE COUNCIL MEETINGS Workshop Meeting: October 4, 2010 at 700 p.m. City Council Meeting: October 19, 2010 at 7:00 p.m. Look for us on the World. Wide. Web at gemlakernmorg Gem Lake City Council Meeting Page 5 of 6 ADJOURN The September 21, 2010 regular meeting of the City Council was adjourned at 854 p.m: Upon motion by Councilmember Lindner, and seconded by Councilmember Artig-Swomley, the City Council meeting was adjourned. Ayes - 5, Nays— 0. APPROVED: ATTEST: ATTEST: Julie Newkirk .Recording Secretary Robert Uzpen Mayor Look for us on the World Wide Web at gemlakemn.org. Gein Lake City Council Meeting Page; 6 of 6 SIGN UP SHEET: Sally Ackerman Giorgi Gochitashvili Paul .Erneolt Look for us on the World Wide Web at gernlakernn;org