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HomeMy WebLinkAbout2012 04-17 CC MINUTESCITY OF GEM LAKE, MN 4200 Otter Lake Road Gem Lake, MN 55110-3227 Telephone 651-747-2790 E-mail Citv gemlakeMN.org Minutes of Gem Lake City Council Meeting 17 April 2012 The regular meeting of the City Council of the City of Gem Lake was called to order by Councilmember Artig-Swomley on Tuesday, April 17, 2012 at 7:01 pm in the Gem Lake. City Hall meeting room. The fallowing members were present: Mayor Robert .Uzpen, •Council.members James Lindner, Gretchen Artig-Swomley, 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 April 17, 2012 agenda was approved. Ayes — 5, Nays — 0. City Council March Meeting Minutes: The March 2012 minutes were presented and corrections were needed. Upon motion by Councilmember Lindner, and seconded by Councilmember Artig-Swomley, the minutes of March 2012 were accepted with corrections being made. Ayes-5, Nays — 0. Planning Commission March Meeting Minutes: The Planning Commission March minutes were presented and no corrections were needed. Upon motion by Councilmember Artig-Swomley, and seconded by Councilmember Bosak, the March Planning Commission minutes were accepted. Ayes 5, Nays — 0. Planning Commission Chair Report: Chairperson Faith Kuny spoke to the council regarding the informal presentations for the Senior Living facility and for the hockey arena with hotel and townhomes. Chairperson Kuny asked City Attorney Trevor Oliver if the hockey arena failed, would the City of Gem Lake be responsible for any financial liabilities, Attorney Oliver stated that the City of Gem Lake would not be responsible for any business decisions. Chairperson Kuny looked up the VLAWMO ponds report from last year and noticed the ponds that the wood ducks and turtles climb up the hill by her house were not on the report. She spoke with Stephanie from VLAWMO and they looked up the ariel photos dating back from 1940 that show the ponds that are not on the report. Stephanie Gem Lake City Council Meeting Page. 2 of 9 suggested passing on to Tom Riedesel that these maps would be considered incornplete until the maps are redone. OLD BUSINESS Newsletter:. Councilmember Artig-Swomley stated that she is almost done with the May newsletter and it will have an article regarding an ordinance for keeping chickens at any resident's property, an article on the extra patrols, an article on the little red. schoolhouse showing pictures of the inside and outside of the school, and an article. mentioning the Water Feast with Ramsey County. Finally, there will be an article on the student receiving the scholarship. Also; will remind the residents to save May 5, 2012 for Gem Lake's Clean Up Day. Councilmember Artig-Swomley would like to do an article on Vera Auto and the death of Al Drummed. By request, Councilmember Artig-Swomley has been asked to do a story on the "Honeymoon House" which was at the corner of Highway 61 and County Road E. In the 1940s, the house was rented to seven honeymoon couples and the owner of the house never realized that each couple was honeymooners! She would like to do a story on mail thief. Councilmember Rasmussen wants an article detailing what can be put in the recycling bins as Waste Management now takes a lot more stuff than was allowed before. They now accept number two through eight plastic containers. You cannot put plastic bags or tin foil in the recycling bins. Councilmember Artig-Swomley will confirm this witli Waste Management and pass on the information to the residents of Gem Lake. National Night Out will be held the first Tuesday of August 2012. It will be the same night as the Planning Commission meeting. PUBLIC HEARING Four Seasons Auto: Last month's City Council meeting, a few of the Councilmember's. brought to the City Council's attention that Four Seasons Auto was not in compliance with their Conditional Use Permit again and a notice was sent to them to appear before the City Council to discuss the violations and possible revocation of their permit. Mayor Uzpen sent the City Council the history of Four Seasons Auto taken from the City Council minutes. Councilmember Bosak asked Mr. Newcomb if the hot tubs were removed from the property. Public Hearing Opened at 7:22 p.m. Mr. Dennis Newcomb stated that he had the hot tubs removed. In January, he had terminated his partnership with Mr. Rick Wilson, which the company name was Four Seasons Auto Service and Repair and had applied for an amendment and a new Conditional Use Permit with the name Four Seasons Auto. Mr. Newcomb realizes he is Look for us on the World Wide Web at gernlakemn.org Gem Lake City Council Meeting Page 3 of 9 not in compliance regarding the four parking spaces allowed as stated on the Conditional Use Permit. He realizes this is a serious issue and needs to be addressed. He stated that he has a new partner and new employees and feels that he had been. doing a great job keeping only four cars parked in the allowed parking spots and just recently has received notices from the. City Council regarding not following the conditions of the permit. He has not received any complaints from the other business' he shares the parking lot. Mr. Newcomb's new partner spoke to the council and stated that he use to own a car business called Minnesota Motors located in Maplewood, Minnesota and realizes the importance of keeping to the conditions of the permit. He and Mr. Newcomb are trying to make a living and asked the City Council to consider giving them an opportunity to make things right. They brought a letter supporting Four Seasons Auto from surrounding businesses. The letter stated the following: "Vile support the continued use of the four allotted parking spots in the front parking lot for Four Seasons Auto Sales. There is not an issue with. traffic congestions in the parking lot. Four Seasons Auto. Sales parks high quality, eye catching vehicles in the front spaces which bring customers and money into our business community." It was signed by 12 businesses. Mr. Newcomb stated he likes having his business in the City of Gem Lake as he likes the small town feel and feels he has found the perfect place for his business. Councilmember Bosak stated to Mr. Newcomb that this issue has been addressed four times since the business opened and Mr. Newcomb was given a notice to appear before the City Council before. Public Hearing Closed at 7:34 p.m. Mayor Uzpen recapped the Conditional Use Permit that was issued to Four Seasons Auto in 2009 at a strip mall with eight conditions to the permit and the issue that has come up four times since the business has been opened is the cars parked on County Road E and Schedemann Road. The last time Mayor Uzpen discussed the issue with Mr. Newcomb was September and October of 2010 stating the dates that. Mr. Newcomb had violated the terms of the permit. At that time when Mr. Newcomb was notified to appear in front of the City Council, he stated that he did not realize how serious the matter was and told the Council that he would not do it anymore. Mayor Uzpen stated that the City Council has three choices: One being a verbal warning and not doing anything believing that Mr. Newcomb will honor the permit. The second one is to change the Conditional Use Permit and remove the four parking spaces in front. The third option is to revoke the Conditional Use Permit. Attorney Oliver suggested suspending the Conditional Use Permit for 90 days. Councilmember Bosak stated that Four Seasons Auto has been given a 90-day probation period in the past few years. Councilmember Rasmussen stated that he is disappointed seeing Mr. Newcomb before the. City Council three times in a four -month period and the City of. Gem Lake has tried to work with him to keep his business in compliance with the. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 4 of 9 Conditional Use Fermit. He feels this is a serious matter and Mr. Newcomb has not taken the Conditional Use Permit seriously. Mr. Newcomb explained to the City Council that he could not be at the business everyday as he is at auctions on some days buying cars to bring to the lot to sell. He is trying to make sure his employees know that this is a serious matter and is asking the City Council for forgiveness and a chance to make things right. This is his livelihood and will accept whatever the City Council decides. Mayor Uzpen asked Attorney Oliver if there is a legal way to suspend part of the permit by suspending the four parking spots on the Conditional Use Permit for a certain amount of time. IVIr. Newcomb can still sell cars, but cannot park in the spots per the Conditional Use permit. Councilmember Rasmussen suggested a probation period with. suspending the parking spaces. Councilmember Rasmussen stated to institute a 90-day probation period having four cars for the four allotted spaces maximum. If during that 90-day probation period there was a violation, a suspension period of the CUP on the four spaces only would be instituted for a period of 30 days immediately.. Attorney Oliver will be given Zoning Administrator authority to declare Zoning Permit suspended for a period of 30-days at the point of discovery of the violation and the permit holders could appeal that decision, but the suspension would take effort while they appeal to the City Council. Upon motion by Councilmember Rasmussen and seconded by Councilmember Bosak, Four Seasons Auto Sales is on probation for 90-days. If there is any violation within that 90-day period, the day of the violation, the Conditional Use Permit with the four sales spots parking in front are suspended for 30-days. Ayes — 3, Nays 2. Motion passes 3 to 2. A voice vote was taken: Mayor Uzpen — No, Councilmember Artig-Swomley — Yes, Councilmember Lindner -- No, Councilmember Rasmussen — Yes, Councilmember Bosak — Yes. NEW BUSINESS Resolution 2012-03 Scholarship Award: Rachel Andert received the scholarship from Gem Lake for $500. Gem Lake's Treasurer will send the check to the White Bear High School. Upon motion by Councilmember Lindner and seconded by Councilmember Artig-Swomley, Resolution 2012-03 passes. Ayes — 5, Nays — 0. Resolution 2012-05 Fee for Chickens and other Fowl: The Carlson's' would like to raise two chickens on their property. Ordinance #69 states any resident living in the City of Gem Lake can have chickens on their property, but it would require applying for a Conditional Use Permit with a Public Hearing by May 1, 2012..The fee falls under the Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 5 of 9 Conditional Use Permit fee of $1,600. Mayor Uzpen and Attorney Oliver discussed the issue and the City Council can pass Resolution 2012-05 and change the fee schedule adding a chicken and fowl fee or amend the Animal Ordinance. They will have a Public Hearing in May. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak, Resolution 2012-05 passes. Ayes — 4, Nays —1. Discussion with City Attorney Trevor Oliver: Investigate Monthly or Yearly Fees to Senior Citizen Developments: Mayor Uzpen requested Attorney Oliverto investigate the monthly and yearly fees for Senor Housing. Attorney Oliver feels a discussion will be needed between the developer and the City to see what expenses will the City be responsible for if the facility is built. This issue was discussed at the Ramsey County Sheriff meeting and it was stated at the meeting by the Sherriff that the 911 calls would increase if this facility were built. The Sherriff also stated Senior Housing costs more and Gem Lake can be charged for the service. This can be done, but needs to be looked into more. The City will need to review the rental licensing fees. The City cannot charge more than Public Safety services charge. Status of Updating the Cities Watershed Ordinance: Attorney Oliver is viewing the ordinance and is reviewing what VLAWMO has written regarding this matter. Cable Resolution: Attorney Oliver reviewed the letter from Comcast around December or January regarding procedures to the telecommunications act renewal, which does. not apply to Gem Lake. Gem Lake is concurrent with the franchise that is granted by the Ramsey/Washington Cable. Commission. Gem Lake is not a member of White Bear Lake, White Bear Township and other citiesaround here are. Ramsey County has started the process to start the discussions and studies to renew the franchise agreement. Attorney Oliver can call Comcast with Gem Lake's approval to discuss that they received their letter that the agreement will expire in 2015 and Gem Lake will pick up the discussion to review the light extension permit after that process is done and get it on record. Status of Garden Overlay Permits for Mr. Bryan Hansen: The information on the website is not the correct information, so will need to be updated. Attorney Oliver emailed the correct information to Mayor Uzpen. Planning Commission Chair Person Faith Kuny will update the Planning Commission at the May meeting. Garden Overlay Ordinance: Mayor Uzpen spoke to Attorney Oliver abou t the fact that. Tom Hansen applied for and received the necessary permits. Last summer Attorney Oliver was speaking to Bryan Hansen to get the permits. Mayor Uzpen checked and Bryan Hansen has not applied for the permits. Mayor Uzpen spoke to Attorney Oliver to speak to or send a letter to Mr. Hansen to apply for the permits and pay the fees. Give Mr. Hansen a date to complete this by and if not we will turn this over to the City Prosecutor. Mayor Uzpen asked Trevor for the status. Trevor stated he would try to reach Mr. Hansen the coming week. Mayor Uzpen asked Trevor how much time is he giving Mr. Hansen. Trevor responded with "not much time." Look for us on the World Wide Web at.geinlakemn.org Gene Lake City Council Meeting Page 6 of 9 Claims for April: The claims for April 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 report. PRESENTATIONS FROM THE PUBLIC Planning' Commission Chairperson Kuny discussed the Hansen property by her house had computer monitors and waste that people had dumped on that site. It was also discussed that the foliage was thick. It was discussed last fall with the City Council about cleaning up that area. Mayor Uzpen had spoken with Mr. Hansen regarding this issue and Mr. Hansen had asked if he could hire Councilmember Rasmussen's son to clean up that area. At that time, Councilmember Rasmussen's son was not available to do the work. The Council will look at the area to see what is there. OPEN ITEMS FROM THE CITY COUNCIL Councilmember Artig-Swomley discussed the floating bog issue on Gem Lake. Depending on the direction of the wind, they are floating around in different areas of the lake. It looks like a floating marsh. Councilmember Lindner looked on the Minnesota. DNR website to see if a permit is required to remove a bog. No permit is required and if the bog floats to someone's property and is grounded, that person is responsible to remove the bog if they so desire. if there is no evidence to identify the responsible party or parties, the local government must assume responsible. The DNR responsibility is limited to the following: Provide advice, obtain funds, and remove any floating bogs lodged on state owned dams or property. Councilmember Lindner invited the City Council on May 3, 2012, hosted by VLAVVMO at Vadnais Heights City Hall, A program will run from 3:30 to 4:30 p.m. for City and Agencies staff presentations. Then from 5:00 to 7:30 p.m., it is for elected City Officials and community stakeholders workshop. He attended the shoreline workshop last rnonth. Mayor Uzpen stated that Gem Lake has a rain garden and requires maintenance and Gem Lake is responsible to maintain it. He received a card in the mail from a company that will maintain it for a fee. Suggestions were made that it could be a Girl Scouts or Boy Scouts project. Mayor Uzpen notified that May 1, 2012 is the deadline for Tangwell to fix the shoreline and have the property replanted. The Council has notified him of the six plants that he can plant on the shoreline. Mayor Uzpen will follow-up with the Township. Mayor Uzpen stated that Gem Lake's administrative Assistant needs help with filing this summer. He had a meeting with Bill. Short and Jessie Hart from White Bear Township Look: for us;on the World Wide Web at.gemlakenin.org Gem Lake City Council Meeting Page 7 of 9 concerning rules of hiring someone on a temporary basis. There are no government rules on hiring anyone for the summer on a temporary basis. Mayor Uzpen is looking for. someone to work 20 hours a week for $10 art hour to file and go through the files and. name the files. Planning Commission Chairperson Kuny discussed the water quality at Gem Lake and asked if this is something the Planning Commission can work on. Mayor Uzpen is waiting for the report from VLAWMO on the study of Gem Lake's water. FUTURE COUNCIL MEETINGS Workshop Meeting: May 7, 2012 at 7:00 p.m. City Council Meeting: May15 17, 2012 at 7:00 p.m. Look for us on. the World Wide. Web. at.gemlakemn.org Gem Lake City Council Meeting Page8of9 ADJOURN The April 17, 2012 regular meeting of the City Council adjourned at 8:50 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 genlakcnin.org Gem Lake City Council Meeting Page 9 of 9 SIGN UP SHEET: Dan Maria Faith Kuny John Kuny Dennis Newcomb Glen Look for us: on. the World Wide Web:at geinIakenn..org