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HomeMy WebLinkAbout2011 01-18 CC MINUTESCITY OF GEM LAKE, MN 4200.Otter Lake Road Gem Lake, MN 55110-3227 Telephone 651-747-2790 E-mail City(a,2emlakeMN.org Minutes of Gem Lake City Council Meeting 18 January 2011 The regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Uzpen on Tuesday, January 18, 2011 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-Swomiey, Richard Bosak and Thomas Rasmussen. Members of the public attending 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 January 18, 2011. Ayes — 5, Nays-0. City Council December Meeting Minutes: The December, 2010 minutes were. presented and corrections were needed. Upon motion by Councilmember Rasmussen, and seconded by Councilmember Lindner, the minutes of the December 2010 were accepted with corrections being made. Ayes — 5, Nays — 0. Planning Commission December Meeting Minutes: The Planning Commission December minutes were presented and corrections were needed. Upon motion by Councilmember Artig-Swomiey, and seconded by Councilmember Bosak, the minutes of the October Planning Commission minutes were accepted with corrections being made. Ayes — 5, Nays — 0. OLD BUSINESS Newsletter: Mayor Uzpen sent Councilmember Artig-Swomley the accomplishments for 2010 and the goals for 2011. Also an update on Hillary Farris and the rainwater seminar with VLAWMO. In addition, a profile on a Greg Smith, a resident from Gem Lake who attended last month's meeting and agreed to the article. Also suggested from the council was an article on the utility work being done on Big Fox Road, as it has been postponed until April 2011. An article on the Gem Lake Scholarship reminding students. who attend White Bear High School and are residents of Gem Lake about applying for Gern Lake City Council Meeting Page 2 of 9 the scholarship. At this time, the scholarship is for $500 and could be more by the end of the school year. Four Seasons Conditional Use Permit: The probation period (90 days) has expired and up for review by the city council. Mayor Uzpen stated that during the months of November and December the cars were in compliance of the Conditional Use Permit. However, in January the cars were not parked where they should be and Mr. Newcomb stated that was due to the snow plowing of the car lot. At this time, the Four Seasons Auto Repair partner has left the business. Mayor Uzpen stated that Mr. Newcomb would. have to reapply for a new Conditional Use Permit as the original permit was for two businesses on the property with two partners. Mr. Newcomb feels the original permit covers both businesses and he will do auto repairs on the cars he sells. Councilmember Rasmussen stated going forward; the council can revisit this issue.. There are some hot tubs on the property left from the departing partner that need to be removed, and the property needs to be cleaned up. Mr. Newcomb will give a 30-day notice to the partner to remove the hot tubs from the property. Upon motion, Councilmember Rasmussen voted to remove the 90-day probation and reinstate the Conditional Use Permit, and it was seconded by Councilmember Lindner. Councilmember Lindner stated the city council would have to revisit this issue in the near future. Mr. Newcomb will work with Tom Riedesel, from White Bear Township regarding the zoning issue on the property. PUBLIC HEARING None. Resolution 2011-1 City Appointments for 2011: This resolution appoints the city officials and businesses that Gem Lake uses to run the city. Upon motion by Councilmember Lindner and seconded by Councilmember Artig-Swomley, motion passes. Ayes -- 5, Nays— 0. Hillary Farm: Mr. McNulty and Mr. Dolphin gave a presentation to the City Council and public in attendance and Mayor Uzpen stated that the public could ask questions after the presentation. Mr. McNulty and Mr. Dolphin explained that they want to add eight additional smaller lots to Hillary Farm, preserving the green space and same quality of homes in each lot. The engineers from Hillary Farm have met with the engineers from SEH to discuss the changes with the development. Mr. McNulty feels they meet all requirements of the PUD and. Comp Plan and would like to move forward with this project. They feel moving this forward will benefit the citizens of Gem Lake. Councilmember Artig-Swamley asked the question of why there was no interest in the current meadow lots as stated by Mr. McNulty in his presentation. Mr. McNulty stated that those lots were too big for future buyers: Mr. Dolphin stated that homes in the $60.0,000 to 1 million dollar range represent the current market of homes selling at this time. At the end of the presentation, the meeting was open to the public for their questions and comments. Look for us on the World Wide Web at gernlakernn.org Gem Lake City Council Meeting Page3of9 Bob Scruggs — 4140 Scheuneman Road: Mr. Scruggs stated lots of traffic from County Road F makes it hard to back out of his driveway during rush hour: He feels the Hillary. Farm property will make the situation worse. He has 28 signatures against the rezoning of the Hillary Farm proposal that he gathered from a door-to-door petition. Dan Janssen — 1161 Little Fox. Lane: He understands Mr. McNulty's position, but worries that there are other parcels of land in Gem Lake that could be made into three acres or less that other landowners might want to proceed with rezoning. Paul Emeott — 3960 Scheuneman Road: Mr. Emeott takes a different approach on the traffic on Scheuneman Road. With the road becoming a cul-de-sac, the traffic has decreased and feels the percentage of change on this development will not affect traffic volumes much. Dean Jantz 3985 Scheuneman Road: Mr. Jantz feels that when Scheuneman Road was open, it was a County Road. Gem Lake is now responsible for all maintenance and repairs on that road and he does not feel it is a comparable issue now. Therefore, he was concerned about the impact of more development. Bill Flaspeter — 4010 Scheuneman Road: Gem. Lake just fixed this road, and put in sewer. Will the eight -inch sewer pipe handle the changes? Mr. McNulty: He stated he has received positive emails regarding this project and would like the citizens of Gem Lake to be aware of this. He presented one email to the council. Gloria Tessler — 4085 Scheuneman Road: At the previous meeting, Mr. Dolphin. discussed the range of the homes selling in this area and she felt that it was not an accurate statement. The homes selling now are in the range of $150,000 and as a resident, she has opposed this development from the beginning. Kathy Brown - 1531 Goose Lake Road: She has lived in Gem Lake all her life and. wants to know if any other developers are building in the area. With prices going down, where are the high -end homes selling in the area? Craig Rafferty — 3750 Big Fox Road: there are eight lots in the last year developed on LaBore Road, five of those lots have sold, and at this time, four of the lots have new homes on them. He feels the high -end homes are selling. Mr. McNulty met with the original owner of the property in 1981.when he (Mr. Bemis) stated he wanted to develop some of his property into housing in the future. Mr. McNulty feels Mr: Bemis would approve of this new rezoning concept. Mayor Uzpen stated that he received 10 phone calls from residents who could not make the meeting and out of the 10 calls, one was neutral, six said no and one was for the rezoning. The questions asked were about the sewer and the road traffic. Look for uson the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 4 of 9 Mayor Uzpen stated the council had three requests from Hillary Farm. They were in the following order 1) A Comprehensive Plan Amendment; 2) A request for the approval of a Planned Unit Development and 3) A request to approve a new sub -division for Hillary Farm called Hillary Meadows. The council took up the Comprehensive Plan first. 1. Comp Plans Amendment (1997 and 2008): Upon motion by Councilmember Lindner and seconded by Councilmember Bosak, it was approved to discuss the amendment. Councilmember Lindner reminded the council that several years ago the east side of Scheuneman Road had been rezoned already. Mayor Uzpen proposed if clarification and further discussion needed to take place among the council, then it needs to be done. If not, then each councilmember would have an individual vote and explain their vote. There was no further discussion among the council, so the individual vote was as follows: Mayor Uzpen: Hillary. Farm LLC, Jim McNulty is requesting that the city amend the Comprehensive Plan to allow for replatting of lots within Hillary Farm development. The question 1 ask myself is, "does the proposed re -platting that McNulty is asking the city to do meet/fit the direction that the city has outlined in the Comprehensive Plan? What is the Comprehensive Plan? The Comp Plan is a comprehensive logical document that is prepared by the city officials with input from the City's citizens that outlines the direction of the city concerning growth and infrastructure. Growth is the type of development that the city has approved or will entertain in the coming years. When developers approach the city to develop land, the Comp Plan, along with the city ordinances, provides guidance to them as to zoning, infrastructure, building standards and the vision that the city sees for the area they are requesting to develop. There are no secrets because the information can be obtained from the city or the City's Web Site. Section 5.3.5 and 5.3.6 of the 1997 Plan defines the Central Residential Area of the city, which Hillary Farm is located. Section 5.3.5.A states "continued encouragement of very low density (three acre Lots minimum) residential lots to maintain the high quality natural environmental features of this area". 5.3.5. C states "develop very strict development controls adjacent to the water body Gem Lake and its attendant wetland areas including controls on grading, vegetation removal and introduction of extensive impervious surfaces. Section 9.2 Housing Goals and Policies. States, "The following goals and policies have been established by the municipal government of Gem Lake with regard to housing, Section 9.2.A states "continue to encourage low to very low density residential development within the city. Look for us on the World Wide Web at gemlakemn.org. Gem Lake City Council Meeting Page 5 of 9 The 2008/2009 plant on page 18 describes the Future. City of Gem Lake and states the land use classifications within the city. Hillary Farm is in the classification titled Single Family Executive. On page 24 under General Land Use Policies it states, "It is the policy of Gem Lake that substantial high density residential housing shall be constructed as part of the re -development of the Hoffman Corner area. To that end, the city council passed the Gateway Ordinance, which puts density on County Rd E, Scheuneman Rd business district and Hoffman Corners. On page 30, the Comp Plan speaks to Single Family Executive Planning Area and it states, "Homes in the development called "Hillary Farm" are within this area. It states, "The following specific policies for this planning area have been established": ■ The continuation of moderately low -density residential development continues to be encouraged in this planning area. The Hillary Farm Development is called out and designated as "Single Family Executive." The city has two Comp Plans, the 1997 Plan which is an approved plan and the plan. that Hillary Farm LLC is currently operating under and the 2008/2009 Plan that has been submitted to the. Met Council for approval. Both plans designate the land area where Hillary Farm is located the same. The 1997 Plan defines the area as "Central Residential Area" that is low -density three -acre minimum and the 2008/2009 categorizes this area as "Single Family Executive." Single Family Executive has a minimum density of one house per two acres and a maximum of one house per five acres. The average lot size in Hillary Farm Meadow is 1.5 acres, which is below the minimum. The plan submitted by Mr. McNulty on behalf of Hillary Farm LLC for the creation of Hillary Farm Meadow does not meet the direction that the cities plan state in the Comp Plan(s). The, plan submitted under the PUD section of ordinance 43 does not meet the requirements for roadway radius and open space. One more point to mention, I was not anticipating a change in the development as the city provided variances for Mr_ McNulty for numerous Tots in Hillary Farm and in the existing agreement with Jim McNulty item 27 of the amendment says, "No lot in the. Plat shall be further subdivided regardless of any minimum acreage requirements contained in present or future city ordinances". This led me to believe that Mr. McNulty would not be requesting changes to his development. Mr. McNulty agreed to the terms and conditions of the agreement that he made with the city. Based upon what I have just said my answer to amending the Comp Plan(s) is NO as the request is inconsistent with the goals and policies adopted in the plans). This request does not meet the direction that the city has outlined in the Comp Plan(s) that is low density throughout the main residential areas and increased density in the Gateway district. Mayor Uzpen vote: No Look for us on the World Wide. Web at gemlakemn.org Gem Labe. City Council Meeting Page 6 of 9 Councilmember Bosak: He feels theoriginal1997 Comp Plan was good and it was in agreement with the citizens who created it and he wants to hold that agreement. Councilmember Bosak vote: No Councilmember Artig-Swomley: She is troubled by Section 27 in the Developers Agreement that stated "no lot would be further subdivided..." and was very involved in the 2008 Comp Plan, and is aware of what the citizens want in this city and this new plan doesn't reflect this. She feels the new plan by McNulty is not consistent with the. goals of either Comprehensive Plans of 1997.and 2008. Councilmember Artig-Swomley vote: No Councilmember Rasmussen: The potential tax benefit to be received is not great enough to warrant changing the Comp Plan in his opinion. He was part of the 2008 Comp Plan and was impressed with the turn out of the city for that plan and feels any change to that plan should not be taken lightly. He's not against options and ideas on. ways to improving the city and that is why he is on the council, he agrees with Mayor Uzpen's statements and feels to vote to change the plan would be a breach of both 1997 and 2008 Comp Plans. Councilmember Rasmussen vote: No Councilmember Lindner: Regarding the history of the 1997..and 2008 Comp Plans, he was involved in writing it and the citizens were involved in the plan then and he sees how involved they currently are and feels when the 2008 Comp Plan was done, the city should stick with that plan. Councilmember Lindner vote: No The motion to improve the amendment to the Comp Plan is defeated. Ayes — 0, Nays — 5. It requires four positives to pass that ame.ndment.to move on and there is.none, so will . ti move forward. City attorney Trevor Oliver stated that the amendments need to be addressed and asked Mr. McNulty if he wanted to withdraw the other two applications at this time perhaps to resubmit. The Conditional Use Permit requires consistency with the Comp Plan and the subdivision application requires the PUD in order to be consistent with the zoning. If Mr. McNulty withdraws the applications thisevening, then the City Council can vote tonight. Another option is for this to be tabled tonight and address them at the February City Council meeting: Mayor Uzpen asked Mr. McNulty if he chose to withdraw the applications tonight. Mr. McNulty stated that he would withdraw the Look for us on the. World W ide. Web.:at geinlakerrin.org Gem Lake City Council Meeting Page 7 of 9 applications as he feels the City Council would have the same vote at the February City Council meeting. NEW BUSINESS Approval for Audit Services for 2011: The handouts were reviewed by the council allowing Jessie Hart to sign documents on behalf of the city. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner. Motion passes. Ayes — 5, Nays — 0.. Claims for January: The bills for January were discussed and authorized to pay. Upon motion by Councilmember Lindner and seconded by Councilmember Artig- Swomley, motion passes. Ayes — 5, Nays — 0. Monthly. Financial Reports: The City Council received and reviewed the handout. Status, Report from Meeting with Sheriff: Mayor Uzpen had a meeting with the new Sheriff and Bill Short from White Bear Township. Mayor Uzpen stated that Gem Lake City Hall is a substation for the Sheriff. The previous administrative assistant worked for the Sheriff, and The City of Gem Lake in lieu of the Sheriff paying rent on the building. Mayor Uzpen explained the situation of the previous agreement and the Sheriff agreed. to the arrangement and will have an administrative assistant replacement within the next two months. OPEN ITEMS FROM THE CITY COUNCIL Councilmember Lindner stated that the fire system needs to be tested annually. It has not been tested in awhile. He has found a person from Gilbert Mechanical to test the system at the cost of $250. Gilbert Mechanical will also provide for emergency service. Mayor Uzpen stated that the $250 would be added to the 2011 budget. Councilmember Artig-Swomley commented that she appreciated the feedback from the residents of Gem Lake regarding Hillary Farm. All feedback helps the City Council in making their decisions. Mayor Uzpen would like input from the council when writing the budget for 2011..He encourages the residents to send their input for the new budget and revising the Comp Plan. Councilmember Rasmussen stated that his position in the City Council is to do what is best for the city. He would like to hear more ideas and feedback from the citizens regarding all aspects for improving the City of Gem Lake. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 8 of 9 Councilmember Lindner stated that the 1997 Comp Plan was never in need of amending and wants to hear more feedback and ideas from the citizens if revising any Comp Plan in the future. PRESENTATIONS FROM THE PUBLIC A question was asked regarding T.A. Schifsky & Sons, Inc. plowing service. One resident stated that mailboxes have been hit, some roads need to be sanded more and some roads have been missed sometimes. How long does the city have a contract with them? Mayor Uzpen stated they plow after two inches of snow and the city just signed the contract for 2011, which will expire August 30, 2011. FUTURE COUNCIL MEETINGS Workshop Meeting: February 10, 2011. City Council Meeting: February 15, 2011 at 7:00 p.m. ADJOURN The January 18, 2011 regular meeting of the. City Council was adjourned at 8:44 p.m. Upon motion by Councilmember Lindner, and seconded by Councilmember Bosak, 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'gemlakeinn.org Gem Lake. City Council Meeting Page 9 of 9 SIGN UP SHEET: Dan Janssen Mary Janssen. Kathy Zen Jim. McNulty Josh Peterson Paul. Emeott Dean Jantz Dan Marie'. Dennis Newcomb Steve Herzog Kimberly Strand Bob & Cindy Scruggs Allen Dammond Gloria Tessler Bill Flaspeter Kathy Brown 1161 Little Fox Lane 1161 Little Fox Lane GFR. Hillary Farm, LLC Anderson Engineering, Plymouth, MN 3961 Scheuneman Road. 3985 Scheuneman Road 4000 Scheuneman Road Four Seasons Auto 1431 Goose Lake Road 3622 Scheuneman Road. 4140 Scheuneman Road 3624 Scheuneman Road 4085 Scheuneman Road 4010 Scheuneman Road 153 I Goose Lake Road Look for ❑s.an the World Wide Web atgemlakemn.org