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HomeMy WebLinkAbout2011 08-16 CCPCity of Gent Lake, MN City Council Meeting August 16, 2011 Call To Order of City Council Meeting — By Mayor llzpcn at 7:_P.M. Call of Roll Uzpen Artig-Swomley Lindner Rasmussen__ Bosak Others in Attendance: Sign-up Sheet Approval of City Council Minutes and Agenda • City Council Agenda for this meeting (Accept Agenda) • Minutes of the City Council Meeting for July. • Minutes:.. from the July Planning Commission Minutes -: Accept approved minutes Committee Reports • Planning Commission Report Old Business • News Letter Ideas Public Hearing • 2012 City of Gem Lake Preliminary Budget o Resolution 2011 -- 05 Preliininaiy Budget • MS4 Report/Presentation to the public. New Business • Presentation from`Sheriff Matt Bostrom. • Ordinance No:. 123 Variance to_the. Zoning Ordinance ❑ Publish short version. a Putman presentation dis.cussi.onldeeision. • Claims for August • Monthly Financial Reports New Street Sign Discussion a Presentations from the •public, five minutes maximal') presentation ■ Opena.fems for.:the Council Members to bring up.• Future Council.Meetings • Next Workshop Meeting, September 12 at 7:00 P.M. • Next City Council Meeting, September 20 at 7:00. P.M. Adjournment • The inecting adjourned at CITY OF GEM LAKE, MN 4200 Otter Lake. Road Gem Lake, MN 55110-3227 Telephone 651-747-2790 E-mail City ajgemlakeMN.org Gem Lake Planning Commission Meeting 5 July 2011 The regular meeting of the Planning Commission of Gem Lake was called to order by Chairperson Faith Kuny on Tuesday, July 5, 2011 at 7:03 p.m. at the Gem Lake City Hall conference room. The following members were present: Chairperson Faith Kuny, and Planning Commissioners Arthur Pratt, Beth Herzog, and Don Marier. Planning Commission Agenda: Chairperson Kuny asked for any changes, deletions or added agenda items. None was given, upon motion by Commissioner Marier and seconded by Commissioner by Pratt; the July 5, 2011 agenda was approved. Ayes — 4, Nays — 0. June. Planning Commission Minutes: The. June Planning Commission minutes were reviewed and some corrections were needed. Upon motion by Commissioner Pratt and seconded by Commissioner Herzog, the June minutes were approved with corrections. Ayes — 4, Nays - 0. PUBLIC HEARING Ordinance Number 122 — Garden Overlay Zone: .Chairperson Kuny updated the City Council at the June council meeting and it was voted three to two to table the Ordinance until the July City Council meeting. Chairperson Kuny spoke to the Hansen's regarding the zoning fee. The question presented to Mr. Hansen by Chairperson Kuny was if they would consider a Conditional Use Permit. Mr. Hansen stated most cities don't charge the fee Gem Lake is charging. Mr. Hansen stated he can go to any city and apply for an annexation. Chairperson Kuny has researched regarding the Green Acres laws. City Attorney Trevor Oliver stated it is not legal to put a tax on land that already has a tax break. Chairperson Kuny will further discuss this situation with Attorney. Oliver as she feels it is not beneficial to spend City money on legal issues. Attorney Oliver stressed the Overlay will not make the Hansen's' apply for it, but wants to have it approved. Commissioner Marier stated he agrees with moving forward and fighting this through the court system if need be. Commissioner feels Mr. Hansen is making money off this endeavor and they need to abide by the Gem Lake Planning Commission Minutes Page 2 of 4 Ordinance in place. Chairperson Kuny will move this forward to the City Council for the July City Council meeting. Ordinance Number 123 — Variances: Chairperson Kuny read the revised Ordinance to the Planning Commission and feedback was positive. The Public Hearing opened at 7:28 p.m. No comments from the public. The Public Hearing closed at 7:29 p.m. Upon motion by Commissioner Marier and seconded by Commissioner Herzog, motion passes to forward Ordinance Number 123 - Variances to the City Council. Ayes 4, Nays 0. OPEN ITEMS Commissioner Herzog stated that her neighbor who has 10 acres of land is donating the land to the Minnesota Conservatory to save on property taxes. He had wanted to add a driveway to his property, but didn't have enough frontage on his property. There are many residents in Gem Lake that own 10 or more acres of land that could start donating their land to afford the lower property taxes. Chairperson Kuny mentioned the August 1st workshop will be a discussion on the development across. Highway 61. At this point the car dealerships are working due to no development on the property. There is no City sewer or water hook-up on the property at this time. FUTURE MEETINGS Workshop Meeting: August 1, 2011 at 7:00 p.m. City Council Meeting: August 2, 2011 at 7:00 p.m. Look for us on the World Wide Web at gernlakemn.org Gem Lake Planning Commission Minutes Page 3 of 4 ADJOURN Upon motion by Commissioner Pratt and seconded by Commissioner Herzog, the July 5, 2011 regular meeting of the Planning Commission was adjourned at 8:04 p.m. Ayes -- 4, Nays — Q. APPROVED: ATTEST: Julie Newkirk Recording Secretary ATTEST: Faith Kuny Chairperson Lookfor us on the World Wide Web at gerniakemn.org Gem Lake Planning Commission Minutes Page 4 of 4 Sign Up Sheet: John Kuny Look for us on the World Wide Web at gemlakemn.org Tuesday, August 9,. 2011 TO: City of Gem Lake; Planning .Commission and City Council Members FROM: Thomas Hansen; Hansen ,Investments;: LLC, regarding: City of Gem Lake; Ordinance No.122; Garden Overlay District; Zoning Request .Application and Interim Use Permit for 18 Acres Dear Gem Lake:Planning Commission Chairperson Kuny, Planning Cornrnission Members, Mayor Uzpen and City Council Members,. Thank you for your efforts in developing the: Garden Overlay District; Ordinance No.122. Attached is the Zoning Request Application and the Interim Use Application together with supportive documents and comments regarding these applications. As noted in my/ourconversations at the July 19, .2011, Gem Lake City Council meeting, this processis intended tobe a "streamlined rezoning" process, since the purpose of the "rezoning" procedure is not to change the underlying property zoning,its final use, or to build upon or change the topographyof the property_ The purposeof the "rezoning" andinterim permitting is to allow an interim use of the property, namely for community gardening, until the property isdeveloped for the use it is zoned for in the Gateway District.:[ think it also important to note, that our 1.8 acres is already being used for the purpose for which we are applying; gardening, Essentially, the "rezoning" and "permitting" will not change anything relative to the current property use. Gem Lake has allowed gardening on another parcel for the past seven years. The same persons who have carefully and responsibly gardened for thepast seven years on that parcel, are also the people who areand will be gardening our 18 acres. That being the case, I am submitting documentation which I believe is reasonably necessary to approve both zoning and interim use of our property. I am also submitting the corresponding fees and escrows: as required in the Garden Overlay Ordinance. recently approved by the Gem Lake City Council under protest. As highlighted in my e-mail of July20, 2011 (a copy is attached), I believe the "rezoning" fees ($4,000 fee, plus $4,000 escrow), and the permit fees (typically $250 for other Interim Use Permits, now $600 for gardening) are extremely unreasonable giventhis particular process and in no logical way correspond to the costs .incurred for the City. My hope is that the City will be sensitive while navigating through present andfuture change and development in Gem Lake. This process and especially its fees feels punitiveto me. 1 also hope for a simple and pragmatic approval process to achieve the regulatory outcome the City of Gem Lake desires which will dispense with any unnecessary costs and excessive regulation. Thank you, Respectfully Submitted, Thomas M. Hansen Chief Manager, Hansen. Investments, LLC Notes: On the Site Plan Checklist(s) in the Zoning Request Application and the Interim Use Permit Application: Building Locati on s....no buildings Site Improvements none Yard Set -backs see attached map W etEan ds..... s ee attached map Existing Trees...._ dead trees and brush only removed Location of Site..,.see attached Gateway District Sub -Zone Map. Topography_ ....attached map__.no change to topography Construction Schedule......none Legal Description: see attachment Building Plans....none Note: The City of Gem Lake has had a complete approval process for the Ordinance No.122; Garden. Overlay District, including a Public Hearing which was unanimously affirmed by all without reservation. Additional Documents Required in Ordinance No.122 Gardening Agreement....attached201. l copy of gardening/farming agreement with Xiong Her, who is .the. responsible party. Fertilizer Use..._Use of 10-10-10 fertilizer as noted by Xiong Her at the July l9, 20 E.2 meeting. No fertilizer storage on site. Fees and Escrows: (attached) Rezoning Fee.....$4,000 Rezoning Escrow....$4,000. Interim Permit Fee.....$600. Interim Fee Escrow.....$ I,000 Mayor Uzpen and Gem Lake Council Members.... A question about re -zoning fees for the new Garden Overlay District (to: Trevor Oliver), Thank you! Tom Hansen From: "Tom & Beth Hansen" <tmheah@comcast:net> To: 'Trevor S. Oliver" <toliver c keilyandlemmons.com> Cc: "Beth & Tom Hansen" <tmheah©comcast.net>, "Jerry Filla" <jfilla a@pfb-pa.com> Sent: Wednesday, July 20, 2011 10:24:18 AM Subject: RE: Gem Lake Garden Overlay Fees: Question Trevor, It seems reasonable to me, that the fees ($4,000, plus escrow $4,000, plus) charged for the "re -zoning to Garden Overlay District, ought to correlate in someway to the costs to do the re -zoning by the City and not necessarily reflect the standard costs for re -zoning process to other land classifications which would be far more complicated and require exponentially more time and effort from staff. I believe it is important to re-evaluate the fees the. City has appropriated to this process. Could it be that we up -front the $8,000 (as noted for fees and escrow) and at the conclusion of the re -zoning process, be reimbursed for the total unused portion of the fees and escrow? It certainly should not cost $4,000 plus to do a "simple more streamlined re -zoning for this particular issue. (as discussed at last night's. Council meeting). It t seems like a lot of money for a process, which for all practical purposes, is currently in compliance with the use it is being "re -zoned" for. Thanks again! Tom CITY OF GEM LAKE, MN 4200 Otter Lake Road Gem Lake, MN 55110-3227 Telephone 651-747-2790 E-mail Cityg,gemlakeMN.org ZONING REQUEST APPLICATION Applicants (s) j{a M;ei' 2 i Ve.T✓sae nos L LCPhone (Home) g. ) - 4-4" —rhos,_ '_ .Aalra (Business) (Cell) .5", -587 -98q Applicant Address. Type of Request Property Owner Address of Site /23,- /e ". k..Lcktie. ,Rezoning. [1 Zoning Amendment ❑ Review 9f Decision by Zoning Administrator Othercte::� ve:q° jcr v 4- ►c,4 a wise ti::e5 .+�sa ti: 4s, L. LC , Cc1 R. d l Existing Use of Site yr' c ,_ r ch r j Current Zoning &r-:vp Proposed Zoning At TO ee - C-�;,>� c• o cic Reason For Request 1-- c \ i 5,rt A4 rht, v►c a cjJ Z. Checklist -k-e5 A c.fir,e ,— Site Plan Building locations (dwelling, garage, accessory building). Site improvements (parking areas; drives, sidewalks, fences, decks; €fighting, etc.). Yard (front, side, rear, de€ineating:setbacks). Wetlands (delineation of streams, water bodies,. wetlands & 100 year storm elevation).. Existing trees-(s. inch in diameter or more), large shrubs & proposed landscaping. Location of site, with adjacent land use. Topography, grading. Schedule (when applicant intends to construct). Look for us on the World Wide Web at gerulakennn.org: Review Process: Additional information, if required. Petition for amendment signed by at least 50% of the property owners within 350 feet of the site. Certificate of Survey, or full legal description. Permits or written comments from other agencies (DNR, RCWD, VLAWMO, Ramsey County, MnDOT, US Army Corps of Engineers). 1. Submit 10 copies of application and all supporting information to the Zoning Administrator (minimum of 3 weeks prior to Planning Commission Meeting). Z. Plannning. Workshop (-1 Tuesday of the month @7:00) 3. City Council (Call Hearing) (3rd Tuesday of the month @7:00) 4. City Council (Public Hearing) It is the policy of the City of Gem Lake that all identifiable costs associated with Rezoning requests within the City shall be the sole responsibility of the owner of said property. The costs shall include, but are not limited to: City planning review costs (reports, meetings, site review); engineering review costs; legal costs, (preparation of hearing notices, legal research, certification costs); publication costs (notice of hearing), reapportionment of assessments (engineers report); mailings and ownership reports. Prior to the final approval by the City Council, all City expenses to date shall be paid by the owner. Subsequent expenses not paid at the time of final approval. (due to billings by consultants, etc.), shall be due upon receipt of a billing from the City. 5 n tune of Applicant(s) Date To Be Completed Ds Office: Date Request Received: $4,000 Fee Received By: (Staff member) ❑ Yes ❑ No $4,000 Escrow Review Deposit ❑ Yes El No Date Application Complete Look for uson the World Wide Web at:gemlalkemn.org CITY OF GEM LAKE, M.N 4200 Otter Lake Road Gem Lake, MN 55110-.3227 INTERIM USE PERMIT .APPLICATION FORM Telephone 651-747-.2790 Citv�7a,zemI akeMN. o rg INTRODUCTION A Conditional or Interim Use Permit may be granted or denied by the City Council after recommendation by the Planning Commission in accordance with Ordinance No. 43J (Zoning), Section 17,5, Conditional and Interim Use Permits_ APPLICANT(S) /fez ns�► i ?w LL' HONE (Home) ! -- 4" zti rjp :a>Mr s P►(Business) (Cell) 6L<Se-7oj 9 ADDRESS / 2 3 / 1, Tle r.. K. Li e K e c-� La.ke j M. s) / e .PROPERTY j. OWNER 4 1-: s.e 0 Ti-► v,,s Ali- e'rt- 4_ L £..• ADDRESS OF ZONING 649` `)4'' SITE. E , 0: , 4c) F EXISTING USE OF SITE ► 1ri GLi• 1-1--c-, r-e 6 rd.e4e,►1,- c DESCRIPTION l OF INTERIM USE BEING REQUESTED . r A e es k, cJ i1 s 1 s e • fr-, e: s a ,s 1 s~ r..c y e '�'r1 V .r . ctr � }� Fee: Conditional or interim. Use Permit (Other than a PUD) $25i3 -i $1000 escrow for review CHECKLIST: 'I'o /I o-des Building locations (dwelling, garage, accessory building). Site improvements (parking areas, drives, sidewalks, fences, decks, lighting, etc.). Yard (front, side, rear setbacks). Wetlands (delineation of streams, water bodies, wetlands & 100 year storm elevation). Existing trees (5 inch in diameter or more), large shrubs proposed landscaping. Location of site, with adjacent land use. Topography, grading. Site Plan Schedule (when applicant intends to construct). Additional information, . if required. Permits or written comments from other agencies (DNR, RCWD, VLAWMO, Ramsey County, MNDot, US Army Corps of Engineers. Certificate of Survey, orfull legal description Building plans size, intended use .of structures, exterior finishes, floor plans. and elevations). REVIEW PROCESS: 1. Submit 15 copies of application and all supporting information to City Planner (minimum of 3 weeks prior to Planning Commission Meeting). 2. Planning Commission 3_ City Council (Call Public Hearing) 4. City Council City Council STANDARDS,: (1st Tuesday of the month @ 7:00 p.m. at Heritage Hall). (3rd Tuesday of the month @ 7:00 p.m. at Heritage Hail). Public Hearing the 3`d Tuesday of themonth following the Planning Commission meeting. (Action subject. to Public Hearing Schedule) The City Council will approve a Conditional or Interim Use Permits only if the following facts are established: 1. There will be no detraction from the appearance of adjacent properties, or Town as a whole. 2. There will not be aesthetic incompatibility. 3. There will not be aural incompatibility (noise). 4. There will not be damage to vegetation. 5. Traffic patterns will not be negatively affected. S. There is no unnecessary loss of existing natural features. 7. Will not cause soil erosion. 8. Will not increase flood potential. 9, The proposal is consistent with Comprehensive Plan and complies with other ordinances. 2 it is the policy of The City of Gem Lake that all identifiable costs associated with Conditional or Interim Use Permits within the City shall be the sole responsibility of the owner of said property. The costs shall include, but are not limited to the following. City planning review costs (reports, meetings, site review); engineering review costs; legal costs (preparation of hearing notices, legal research, certification costs); publication costs (notice of hearing); reapportionment of assessments (engineers report); mailings and Ownership Reports (ownership/encumbrance). Prior to the final approval by the City Council, all City expenses to date shall be paid by the owner. Subsequent expenses not paid at the time of final approval (due to billings. by consultants, etc.) shall be due upon receipt of a billing from the City. • Signature of Applicant(s) 8-9'-- 1/ Date To Be Completed >y Office: Date Request Received By (Staff Member) Conditional or Interim Use Permit {Other than a PUD) $75 Fee + $1000 escrow for review. Deposit Received ❑ Yes El No Date Application Complete (.4