HomeMy WebLinkAbout2015 05-12 CC Special MinutesSpecial meeting City of Gem Lake City Council meeting minutes – Tuesday, May 12, 2015 Page 1
City of Gem Lake Special City Council Meeting Minutes
Tuesday, May 12, 2015, 7:00 p.m.
Heritage Hall, 4200 Otter Lake Road, Gem Lake
Mayor Uzpen called the meeting to order at 7:01 p.m. Councilmembers Bosak, Kuny and
Lindner were present. Others in attendance: City Attorney; Tom Kelly, Ben Johnson, City of
Gem Lake Planning Commission chair, members of the community and business district, Giogi
Gochitashvili, Cliff and Tari Nadeau, Fritz Magnuson and a high school student not signed in.
May 12, 2015, Agenda
A motion was made by Councilmember Lindner, seconded by Councilmember Bosak to
approve the agenda. Motion passed.
Committee Report
Planning Commission Chair Ben Johnson reported on action taken on the Tuesday, May 5, 2015,
Planning Commission meeting in regard to the Interim Use Permit for Mr. Salvador Torres to
conduct an automotive detailing business at 1581 County Road E. East in the City of Gem Lake.
(see page 3 of this document).
In regard to the Hansen brothers permit for garden plots on County Road E, Commissioner
Marier asked at the Planning Commission meeting whether there were satellites available on
the property. Mayor Uzpen stated it has been brought to the attention of Mr. Hansen and will
be brought forth to Mr. Her. Mayor Uzpen noted that the properties are renewing their permits
which is done yearly.
New Business
Application from Salvador Torres to Open an Auto Detail Business
Mr. Gochitashivili approached the council and stated that Mr. Salvador Torres was not in
attendance because he has gone out of business. Mr. Gochitashivli asked the council if the
Interim Use Permit could be transferred to another potential business wanting to rent at the
location. Attorney Kelly responded that item 4. on the Interim Use Permit states that the permit
is not transferrable. Members of the Council stated that Mr. Gochitashivili could use the drafted
Interim Use Permit as a guideline to follow for a potential business, but it was only a guideline.
A motion was made by Councilmember Lindner, seconded by Councilmember Bosak that the
permit was denied because the business is closed. Motion passed.
Special meeting City of Gem Lake City Council meeting minutes – Tuesday, May 12, 2015 Page 2
Chip Sealing Streets Resolution 2015-06
It was noted that the Chip Sealing Resolution 2015-06 was approved two months ago but action
was delayed until now. The last time the streets were chip sealed was in 2006, noting that Chip
Sealing is regular and routine maintenance of city streets.
A brief discussion ensued about routine maintenance, statutory guidelines and reserved funds.
Noted in the minutes that via Fritz Magnuson, members of the Daniels Farm Association are
opposed to Resolution 2015-06.
Councilmember Artig-Swomley arrived – 7:40 p.m.
A motion was made by Councilmember Bosak, seconded by Councilmember Lindner to
approved Resolution 2015-06, role vote taken – yes, Councilmembers Artig-Swomley, Bosak,
Lindner and Mayor Uzpen. Opposed – Councilmember Kuny. Motion passed 4-1.
Adjournment
A motion was made by Councilmember Lindner, seconded by Councilmember Artig-Swomley
to close the meeting at 7:45 p.m.
Respectfully submitted, Gloria Tessier
Special meeting City of Gem Lake City Council meeting minutes – Tuesday, May 12, 2015 Page 3
Report from the City of Gem Lake Planning Commission meeting Tuesday, May 5, 2015
Attached, please find Interim Use Permit drafted by the City of Gem Lake Planning Commission outlining
the conditions and requirements necessary for Mr. Salvador Torres to conduct his automotive detailing
business at 1581 County Rd E East in the city Gem Lake.
The Planning Commission met on Tuesday, May 5, 2015 for our regularly scheduled meeting. Members
present at the meeting were Beth Herzog, Dan Marier, Derek Wippich and Benjamin Johnson. Also in
attendance were the Gem Lake City Attorney, Patrick Kelly, Tom Riedesel, Planner with White Bear
Township and Gloria Tessier, City of Gem Lake. On the agenda was a public hearing for the Interim Use
Permit application for the previously mentioned business. There were no members of the public present
for the hearing, nor were the applicants nor representatives of the applicants present.
The Planning Commission meeting was called to order at 7:00. At 7:20 p.m., the Public Hearing was
opened and the Commissioners heard from Tom Riedesel regarding the Staff Report produced in
response to Mr. Torres's Interim Use permit application. Mr. Riedesel provided an overview of the
proposed business and talked generally about the building and area. There was discussion about the
history of the project including the applicability of interim use permits as compared to non-conforming
use permits; interim use being preferred as it allows control over the duration of the permitted use.
The Public Hearing portion was closed and the Commission discussed the Interim Use Permit conditions,
reviewing each of the original 12 items in turn and making adjustments as the discussion warranted.
Changes and additional conditions were agreed upon utilizing information and recommendations of the
Planner and City Attorney who participated in the discussion. Additional conditions were added to
restrict business hours (no Sundays), limit the duration that vehicles awaiting service or otherwise
parked at the business could remain (72 hours), requiring that the business close the exterior doors
when tools such as pneumatic wrenches or high pressure sprayers are in use (noise abatement for
residential area just east of the business) and requiring that when conducting activities like degreasing
engines and engine compartments, washing the exterior of vehicles or otherwise detailing in a manner
which produces runoff, that those activities must be accomplished in the work bays with floor drains
that capture that runoff.
Neither Mr. Torres (the business owner) nor SGS Holdings (the property owner) were present at this
hearing. However, Mr. Torres had been present at the April Planning Commission meeting when the
Commission was unable to act on the application as we were without quorum. As such, despite the
application language stating the owner must be present at the Planning Commission and City Council
meetings, the Planning Commission felt that Mr. Torres had made an effort to comply with the
proscribed application process and his absence was an oversight. The Commissioners did not feel is
should be grounds for withholding a recommendation and were satisfied with the information we
Special meeting City of Gem Lake City Council meeting minutes – Tuesday, May 12, 2015 Page 4
received from Tom. Therefore, the Planning Commission voted 4-0 to recommend approving the Interim
Use Permit for Mr. Torres's automotive detailing business as attached.
Regards,
Ben Johnson
(612) 968-7583