HomeMy WebLinkAbout2023 10-17 CC MinutesCity of Gem Lake City Council Meeting Minutes October 17, 2023 1 | Page
City of Gem Lake
City Council Meeting – October 17, 2023
Meeting Minutes
Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Jim Lindner, Len
Cacioppo, and Ben Johnson were present. Councilmember Laurel Amlee was not present. Also present: City
Attorney Kevin Beck, Acting City Clerk Melissa Lawrence, MN Senator Heather Gustafson, Planning Commission
Chair Joshua Patrick, Commission Member Don Cummings, Gem Lake Business Owner Chris Bettis, and Gem
Lake residents Ted and Nikki Pax.
October 17, 2023 Agenda
A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Cacioppo.
Voice vote taken, all voted yes, motion passes, agenda accepted.
Minutes
A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the
September 19, 2023, City Council Meeting Minutes. Voice vote taken, all voted yes, motion carried.
A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to accept the October
10, 2023, Planning Commission Meeting Minutes. Voice vote taken, all voted yes, motion carried.
Special Presentations
Minnesota Legislative Session Update – Minnesota Senator Heather Gustafson, District 36 DFL
Senator Gustafson wanted to come to a City Council meeting to introduce herself and say hello. She lives
in Vadnais Heights and is here to help and is happy to represent Gem Lake. Senator Gustafson shared with
the Council that she was proud of a bill that recently passed that she authored which gave $300 million to
help with public safety need in Minnesota Cities. From that, Gem Lake received $23,368 to use towards
public safety. She also shared that schools have received historic funding with a 7.4 million increase in
public education finding for 2024 and 9.1 million increase for 2025.
Consent Agenda
Resolution #2023-0019 October 2023 Donation to White Bear Lake Area Food Shelf
Resolution #2023-0020 Certify to Tax Rolls – Water and Sewer Bills
Resolution #2023-0021 Certify to Tax Rolls – 2022 Annual Septic Maintenance Inspections
Monthly Financial Report(s)
Claims
All items on the consent agenda were reviewed by the Council. Councilmember Lindner introduced a
motion to approve all the items listed on the consent agenda as is, seconded by Councilmember Cacioppo.
Voice vote taken, all in favor, motion carried.
Committee Reports
Planning Commissioner Chair Joshua Patrick shared with the Council that the Commission held a public hearing for
the renewal of a goat Interim Use Permit (IUP). Based on the recommendations of the City Planner Evan Monson
and that the home owners fix the fence area and remove the conex container on their property, the Commission
suggests that the IUP be renewed for another year. The Commission also heard from Barnett Kia on the refresh they
would like to do which involves demolishing the current building once the new one is built in a more practical
location on the lot. The current Zoning Ordinance does not allow for this type of construction, so the Commission is
looking at amending some language in the ordinance to make it possible. The Commission received from Emily
Jennings from SEH regarding some recommended changes to MS4 sections in Ordinance No. 131, definitions in
Ordinance No. 131 Appendix A, and language in Ordinance No. 140 to ensure the City is compliant. The
Commission is also in the process of reviewing the current garbage ordinance created 30 years ago. The reason for
the review is to update any language that may have changed over the past 30 years and to bring it into the 21st
century.
City of Gem Lake City Council Meeting Minutes October 17, 2023 2 | Page
Old Business
Newsletter
The next issue of the Newsletter will include pieces on the MPCA presentation to the City Council, 2024
preliminary budget, Tessier Road repaving project, County Commissioners Report, MN Senators visit, dog
license renewal reminder, VLAWMO, White Bear Lake police chief old and new, truth in taxation hearing
date, trail improvements, and the garbage hauler survey.
Code Violation – 1621 Goose Lake Road Update
This code violation is getting closer and closer to a resolution. The homeowner is currently in default
because they failed to respond to the court order. A hearing date is being scheduled for a date in December
resulting in the removal of the trailer at that time. Neighbors have been very patient with the whole process.
The homeowner was not in attendance for the City Council meeting.
Municipal Water Funding Request Update
The City has grant proposals out at the federal and state level. Each of these are slow moving. At this time
the City is a finalist for the state funding. The House Capital Investment Committee stopped by Gem Lake
on September 28 to tour the City and to get a better idea of why the City is requesting funding. Gem Lake
was the 23rd stop of 23 for the day, so the committee was quite exhausted by the time they got to Gem
Lake. Cookies and coffee were served while they attended the presentation portion of the tour.
Update on Cannabis Law: Issues and Questions
The City has one tobacco shop and they would like the opportunity to sell low dosage THC edibles and
drinks that have no more than .3% THC. Their competitors in neighboring cities have been authorized to
sell this product and because of this the tobacco shop is missing out on sale opportunities. The past
moratorium the City adopted prohibited this type of request, the recent adopted one does not. The City is
open to approving this request, but would like to adopt an ordinance before issuing any type of license.
White Bear Lake and Vadnais Heights both have an application process the City can borrow. City Attorney
Kevin Beck suggests that the City propose an interim hemp derived ordinance at the November meeting
and gather feedback from Councilmembers and the public.
Trail Sign Update
The new descriptive signs have been set up along the trail and look great. The trail entrance signs were
missed being ordered the first time around and the City has received a design and quote for those two (2)
signs.
Councilmember Lindner introduced a motion to approve the quote for the trail entrance signs from Vacker
Sign, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion carried. Acting City
Clerk Melissa Lawrence will put the order in for the signs.
New Business
Interim Use Permit First Year Review for Goats at 3944 Scheuneman Road
Homeowners Ted & Nikki Pax submitted an IUP renewal to harbor two (2) goats on their property located
at 3944 Scheuneman Road. The renewal request was first heard by the Planning Commission on Tuesday,
October 10, 2023 where a public hearing was held on the topic. No complaints have been reported
regarding the property on the keeping of goats over the last year. The homeowners are interested in
harboring an additional two (2) goats on the property, but according to City ordinance it would only allow
for one (1) additional goat. The applicants have been asked to do some research and submit it to the City
Planner. An amendment would then need to be made which would require a zoning request from the
applicant as well.
The application was recommended for approval by the Planning Commission to the Council at the October
17, 2023 City Council meeting, based on the conditions suggested by City Planner Evan Monson below:
City of Gem Lake City Council Meeting Minutes October 17, 2023 3 | Page
1. The applicant is permitted to utilize the existing barn on-site to house up to two goats.
2. Proposed fencing shall be placed at minimum five feet from property lines to the south, unless
written consent and approval is received from the neighboring property owner to place the fence
on the property line.
3. The IUP shall expire in one calendar year from the date of approval, so as to allow the Planning
Commission to review the request again to ensure the use is in compliance with conditions of this
approval, and other city ordinances have been met.
4. Additional goats or farm animals on the site shall require an amendment to the IUP.
5. The applicant is required to adhere to all applicable local, State, or Federal regulations.
6. The applicant is required to acquire any other applicable local, State, or Federal permits for this
request.
Including the conditions of the Planning Commission listed below:
1. The homeowners fix the size of the fenced in area to be in compliance with the ordinance
2. The conex box located on the property be removed
Councilmember Lindner introduced a motion to approve the renewal of the IUP for two (2) goats based on
the conditions suggested for one (1) year, seconded by Councilmember Cacioppo. Voice vote taken, all
voted yes, motion carried.
MS4 Ordinance Changes
The MPCA MS4 Permit was reissued on November 16, 2020 requiring additional changes to the City’s
Construction Site Stormwater Runoff Control and Post-Construction Stormwater Management program.
Redlines to City Ordinances No. 131 (Consolidated Land Use) and 140 (Domestic Animals) have been
submitted to the Planning Commission and City Council for review.
Ordinance No. 131 – Redlines to Section 22 and 29
Updates to Ordinance No. 131 include:
• Section 22. Erosion, Sediment, and Waste Controls and Stormwater Management
o The section title was revised to better align with the content.
o Erosion, Sediment, and Waste Controls:
There are minor changes to the Criteria subsection to align with the
MS4 permit.
An Erosion and Sediment Control Plan subsection was created to
provide clarity to proposers on submittals to the City for review.
o Stormwater Management:
Changes to the Regulation subsection are proposed to align with the
MS4 permit requirements.
Changes to the Criteria subsection are proposed to provide updated and
clear design standards for project proposers.
Changes to the Alternative Compliance subsection are proposed to
align with the MS4 permit requirements.
A Stormwater Management Plan subsection was created to provide
clarity to proposers on submittals to the City for review.
o Not-applicable information was removed from the section.
o Other minor revisions to content and formatting.
• Section 29. Storm Sewer Use
o A subsection for Salt and Deicer Storage Requirements was added per the MS4
permit requirements.
Ordinance No. 131 Appendix A – Definitions
An addition of a couple new definitions were added to the current list.
City of Gem Lake City Council Meeting Minutes October 17, 2023 4 | Page
Ordinance No. 140 – Minor Edits to Animal Waste Section
Updates to Ordinance No. 140 include:
• Section 5. Owner to Clean Up After Dog
o There are minor suggestions to change the term ‘dog’ to ‘domestic animal’ to
align with the requirements of the MS4 permit.
The Council felt that all changes recommended by SEH Professional Engineer were reasonable based on
her professional experience in the area. Councilmember Linder introduced a motion to approve the
recommended changes to the ordinances listed above, seconded by Councilmember Cacioppo. Voice vote
taken, all voted yes, motion carried.
Garbage Hauler Survey
The Planning Commission is reviewing the current garbage ordinance, since it has not been reviewed in the
last 30 years. While that is happening Acting City Clerk Melissa Lawrence has sent surveys out to all Gem
Lake residents and business owners to see who they currently use for a garbage hauler because the City
does not regulate the garbage haulers. This survey is being conducted to see how many different haulers the
city has coming through to help determine if the City should begin limiting haulers and requiring haulers to
be licensed with the City. It will also tell the Council how the City feels about the possibility of contracting
out a garbage hauler. The survey collection will end October 31 and a summary will be presented to both
the Planning Commission and City Council at the November meetings.
Future Charitable Gambling Donations
White Bear Lake Emergency Food Shelf
Mayor Artig-Swomley suggested that the Council make a donation in November in the amount of
$1500.00 to the White Bear Lake Emergency Food Shelf. Councilmember Lindner introduced a
motion to request a donation in the amount of $1500.00 for the White Bear Lake Emergency Food
Shelf, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion carried.
Community Outreach to Other Cities and Government Bodies
City Attorney Kevin Beck shared that he has reached out to White Bear Townships attorney to express concern at
the increase in fire services from White Bear Lake so that they could go in together on a way to reach out to White
Bear Lake regarding the situation. Mr. Beck learned that an email will be sent to White Bear Lake on the topic.
Mr. Beck has also heard from Vadnais Heights on the water situation at the Villas. At this time it is at a standstill
while Vadnais waits on the DNR lawsuit to wrap up. Once that has happened Vadnais will revisit the request.
Presentations from the Public, 2 Minutes Maximum
None
Open Items for Council Members to Bring Up
None
Future Council Meetings
City Council, Tuesday, November 21, 2023, Workshop, Monday, November 13, 2023 is CANCELED.
Attendance Inquiry
At this time all Councilmembers in attendance will be at the November meeting. Acting City Clerk Melissa
Lawrence will not be in attendance and the Mayor will take minutes for the meeting.
Adjournment
Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember
Cacioppo, the meeting adjourned at 7:39 p.m.
Respectfully submitted, Melissa Lawrence