HomeMy WebLinkAbout2017 08-01 PC PACKETCITY OF GEM LAKE, MN
4200 Dater Lake Road
' Gem Lake; MN 55.1.10-3227
Planning Commission Meeting Agenda
August .1, 2017, 7:0.0 p.m. —Heritage Hall
I. Call to Order &.Roll Call
2. Approval of Agenda
3. Review & Approval of Minutes
June: 6, 2017 Minutes
4. Public Hearings
None
S. Discussion Items (Old Business/New Business)
A. Introduction and welcome: City of Gem Lake. Planning Commissioner Len (ado.ppo
.B. Continuation of review of City of Gem Lake Consolidated Land .Use Ordinance (CLUO) (Ordinance: No. To
Be Assigned). CLlJO was tabled .for further discussion following its Public Hearing at the June 6,2017
Planning Commission Meeting.
a. introduction & Discussion
h. Questions from the public
6. Adiourn
NEXT SCHEDULED MEETING:
■ TBD—Tuesday,.Septemher5, 2017 held for availability
City of Gem Lake Teleplione:.6.51-747-279.0
4200.atter Lake Road E-mail .Git}v etnlakeMitii.n;
Gem Lake, MN 55110-3.227 Website: gemlakemn.org
CITY OF GEM LAKE, MN
420.0.0tte.r Lake Road
Gem Lake, MN 5511:0-3227
Gem Lake Planning Commission Meeting -August .1, 2017
RE:. City of .Gem Lake --Consolidated Land Use Ordinance: Proposed amen dmerits .and
recommendations to the Gem Lake.City Council.
6a.sed. on a review of the :Consolidated Land Use.Ordinance (CLU0) acid on the advice of the City
Attorney, the: PIan ning Commission of the City of Gem Lake recommends the following amendments to
the.CLUO be made before the CLUO be: accepted by the City Council.
References are to the "Gen) Lake Consolidated Land Use: Ordinance — Final Draft (6..6.2017)' and
"AppendixA—Consolidated Land Use Ordinance 652017"ava11able at Heritage Hall and as posted on
the: official city website.for the City of Gem Lake (under'News & Updates').
1. Determination ofthe ordinary high water level. of the body of water known as Gem Lake, and
other bodies. of water within th.e city limits, shall be made by the Minnesota Department of
Natural Resources,. not the Gem Lake. City Council. See for instance, Page 17: 6.S.1(C),
2. Page 59, Section 10 - Amend Section, 10 - "Open Space/Recreational District "OS/R" to read
"Public Open Space/ Recreatlana10 !strict' and insert "public" 1htothe.appropriate locations
` throughout Section 10.
For the purposes of the CLU0, "public open space," shall be considered within the tontext:ofthe
Met Count!I's Regional Parks Policy Plan within "'Thrive.MSP 204.0/1 the Council's comprehensive
development guide for the region.
Met Council's Local Planning Handbook contains. the following fand use. categories:
Open Space (05) -1) - Resou.rce protection or buffer; 2).suppart unorganized public
recreational activities, may contain trails, picnic areas, publicfishing; etc -or 3)
preservation of unaltered land in its natural..state for environmental or aesthetic
purposes.
Park & Recreation (PR) -.Primarily for public active recreation activities improved with
playfields/grounds or exercise equipment, golf courses, zoos .ar other slmila.r areas.
Ih addi'tion, a definition should be added to the "Appendix A - Consolidated Land Use Ordinance
6 5 2017;' such as:
o. Public Open Space - Any parcel or area of land or.water.including, but not limited. to:
wetlands, prairies and grasslands, pastures, forests and woodedcxreas, mixed.forest.&
grasslands, or any other naturally occurring land form that is essentially unimproved and
.which may be devoted to use for the purpose of
i. .the preservation of natural areas. and resources,.
Y. outdoor recreation (active & passlve),
Page. 12
Cheryl Granlund, 3907. Tessier Road- This is not a perfect situation, a rental property was on ? road and .an
offender lived there. The home has now been torn down. Taylor. McGuire; 1365 Goose. Lake Road: Inquired
about tying. background checks into the rental application. The. public hearing was closed at 7:31 p:m.
Commiss ionerJohnson made a motion to recommend approval of the ordinance with a review of the
language regarding to "c.hurch," Co.uriciImember Wippich seconded. Motion passed 4- .
B. Consolidated Land Use Ordinance
City Counci [me mber Lindner and. Ccm.missio0orJohnson.gavean overview of the co nsolldated. la nd use
ordinance. The new ordinance is :a combination of -all the land use ordinances within the city. This
ordinance will make it easierfar landowners ar potential developer to review all the ordinances that. have to
do with land within the City of Ge.m Lake: The 'new ordinance W!II have hype rli embedded in it to allow
for an easier search process, eliminates some old language and updates definitions. Each "district." has a
definition..and explains what :the city envisions that district to look like referencing the comprehensive plan..
The goal in updating the ordinance is to have it agree with:the comprehensive plan,
Commissioner John.S.on made a motion to. open the public hearirig, seconded by Councilmember Pratt; the'
puh.lic hearing opened. at 7:45 p.m.
Fritz Magnuson,,21 Daniels Farm Road: The comp plan, ,has it.been written.to agree with the new comp
plan? Councilmember Lindner: Yes,. however, it will be conflict.with the current plan for some time: Fritz
Magnuson: The City will have the liability? Attorney Kelly: This is:a draft document.. Fritz Magnuson: What
is the time line far the. comp plan? Councilmember Lindner: We are partnering with S.E,H. Commissioner
Johnson: This takes into account the current comp plan. Tom Bo€fing, 3930 Haven. Lane: Do you have a
section that has. to .do with. density,. townhouse, mu€ti-family, villas.? Councilmember Liindner: lathe
Gateway, we have some non -conforming lots, we.need to. make: sure they are covered. Rich Pientka, 3970
Tessier Road: I was always under the impression you have to have 1/1acre to build? Is this going -to impact.
those with less than.1/3 of acre. P. Erheott: 60%, size of parcel; water is not a.require.ment. Mike
8ruggemah.13999 Sch.euneman Road: When. is this supposed to be voted on? Commissioner Johnson: The
committee has Been working..on this for18 months, a reco.rrimendation comes from the Planning
Commission, Councilmember Wippieh: Is there anything.€n this, this is general, still controlled by the
Gateway.. Councilmember Lindner: Just makes it more: clearly defined.
The public hearing was closed at 8:15 p'ni. A motion was made by Ccmmissionor .Johnson, seconded by
Corn rniss !one r Wippich to table the. Land. Use .Ordinance till the next.Plannirig Commissioning meeting,
Tuesday; July S. Motion passed (4-0) and the item was tabled untill July 5, 2017.
Nate was made that if anyone wasinterested in, having the.docPment mailed to them leave their narne: and
address, hard copies are available at City Hall, the document will be available on the city's web site.
C. Considerthe purchase of real property by the City of Gem Lake for open space and future development
Corn miss ionerJohnson gave an overview of Consideration of .the purchase of lea€ p rope rty. s itu ated in
Ramsey County; Minnesota.by the City of Gem Lake. fro m Hansen Investments, LLC. The portion. being
considered is west of Daniels Farm Road, north of County Road..E.
the Planning Commission .makes mcornmend ations on zoning and takes into consideration the long term
outlook.for the city. Finance Director Tom ::Kelly is here to answer questions on the financing. A question
City of Gem Lake. Telephone: 651-747-2790
4200 Otter Lake Road E-mail: CitjQzemlakeMN.orr
Gem Lake, MN 551.10-322.7 Website: gemlakernmorg
P a g e 13
has.corime up, about the.gateway`district, in the land use ordinance, which states -that this can be.park space.
We are not.voting on this, or if this a good deal, this is a land use item. Attorney Kelly: The pity has not
entered into a purchase` agreement, it has not been executed. Cities have statutory authority to just buy
la.nd. The City has ordered. an appraisal: Tonight the. planning commission is reviewing this, iathis the
proper use and.consistent With the comp plan. The Planning Commission is charged to see if the.10 acres is
consistent with the comprehensive plan for the City of Gem Lake. Tom Kelly: If the purchase would go thru,
which is voted on bytha City Council, the entire parcel Would be purchased, the park portion:purchased by a
CD, then the. remaining, property would. be -sold to a developer, pro.ceeds...ofthe sale of the remaining.
property would be pay off .the CD. The bond issuance. would be 15 years; tax: abatement bonds. If we didn't
sell the.Property and your home: has a market value of $150,0.00, currently your property tax is.$519.07,
your taxes would go up. to $574. if we sold the property and you. have. a $150,000 home, your taxes are
currently $519.0.7, your taxes would be $533.81 if 20homes were constructed at a value of $400,000 per
home. if you have.a.$400,000 home..and your taxes are $1,63934 and no homes were. constructed, your
property taxes Would be $1,813.65. if the city.so.ld the property and 20 homes -were buiif: at a value of
$400,000, your property taxes would be.$1,585,89, a:$50..00 increase.. Noted. that this portion is still up in
the air.
Commissioner Wippich asked if we are aban.do0ing.the Gateway? No. Commissioner Marier: Flow can my
kids get into the. park? Commissioner. Wippich We don't have a park plan or master p.la0 Commissioner
Marier: Where did this come from? Attorney. Kelly: We are trying in good faith to resolve this property,no
purchase agreement has been signed, trying to resolve this issue of density, alto issues with wetland. Cities
have to move in one direction ar another.. Commissioner Marier: We. are not landowners.
A motion was made. by CommissionerJ.o.hnson, seconded by Comrissioner Marier to open thepublic
hearing. The hearing opened at..8:55 p.m. Jeff Tschetter, renta1.property 3930 Scheuneman Road: This is.
consideration? Carol Schact, 1201 Little Fox Lane: Not opposed to Tarn Hansen, .opposed to city purchase
and park. Connie Kunin, 1270 Goose Lake Road:. [ have:not seen a.map of the.park, do we have a rendering
of the park; who are the nearest homeowners)? The city has never purchased land before. Brian Sauer,
28 Hillary Farm Lane: Why are we separating the cost from the consideration? Are there costs associated
with a park? Cam miss ionerJohnson: Does this make sense for use of the sand, the goat here is to talk
About the land. u.se, what does the city want? Deb Larsen; 3945 Tessier Road: This is prime commercial
development, why not consider this: piece of property commercial? Commissioner Johnson: This is mixed
use. Cheryl Gran Iund, 3007 Tessier Road: IC.S.ysteins wanted to build on the Hansen property; it was turned
down. Pete Cram in, 3920 Haven Lane: Opposed: John SnIdarich, 1601 Goose Lake.Road: What is the next
step? Commissioner Johnson: We are an advisory committee. Craig Rafferty, 3750 Big Fox: I've resigned
that the council pays no regard to the Planning Commission,.is there any logic to the. city buying it then using
the Putnam plan? Jodi Lorenz, 1299 Goose Lake. Road. What about Hoffman's Corner's.. Commissioner
Johnson: Hoffman's Carriers is vw.ned by multiple owners. Jeff Tschetter, 3930 Scheuneman Road:
apposed. Brad Nailer, 1630 Goose Lake Road; works at the Golf Course, was on the Planning Commission
for another city, I've been to two .city council meetings; it's not the whole council, it's the Mayor;. whose
property is being protected, it's the Mayor. Mike Bruggeman,.3999 Scheuneman Road: Opposed. Cheryl
Granlund: Question about property owners ahated, Tom Kelly: Whenever there is a new development the
city can. require a [and owner to dedicate park ]and. Coinmissiorier,lohnsonclosed thepublic hearing at
10:00 p.m. We've received. a..lot of good: feedback..
City of Gem Lake Telephone: 651-7.47m2790
410.0 Otter Fake Road E-mail: City@ggmlakeMN.org
Gem Lake, 1V1N 551I0-3227 Website:.gemlakemn.arg
�4
ComrnissionerJohnson made a motion to recommend that the city proceed wit h'the purchase,.seconded by
Commissioner Pratt: Voice Vote. Commissioner Wippich: Plan is not consistent with the.gateway, nv park.
zone with intent, not Consist with land intent; "No" vote. .Conimissioner Pratt: Not consistent with camp
park.plan,.does n't appeal'to all, "No" vote. Commissioner Marier: Lack of clarity, way more questions to be..
answered, "No" vote. Commissioner Johnson: Proposed use of the property meets the land use goals and
Inlet Council requirements for open space and long-term planning. "Yes" vote. Motion does not carry (1-3)
and the Planning Commission .does not recommend the. city purchase the described real property.
Discussion Items 01d Business &[dew Business
None an the agenda
5. Adivurn
Upon motion by Commissioner Wippich, seconded by Commissioner Pratt, the June 2017 Planning
Comrnission meeting was adjourned. at ap.proxim.ateIV 10:04 p.m. (4-0)
I
City.of Gem Lake Telephone:. 651=747-2790
4200 biter Lake Road E-mail: City@gemlakelilMN.org
Gem Lake, MN 55110-3227 Website: gemlakemin.org
Guidelines for Gem lake Meeting
s
Public Comment at. Council Meetings, Planning Commission and at Public Hearings
Ci�LCouncil Meetings and Planning Commission ]Meetings are the forum for the city council.
(or planning.corr mission) to conduct the city's business. While city council meetings and other
meetings are open to the pub.11c, pursuant to the Minnesota.Open. Meeting Law; they are not a
forum for public expression, As such, members of the public are not.allowed to participate in
council discussion and debate without a specific invitation and/or formal recognition by the
presiding officer, As a courtesy to other members of the public and the council, lad lviduaIs are
asked to refrain from d":sruptive behavior 1hcludIng.shauting, speaking out of order,. and other
actions that are intended to be disruptive. Common courtesy is expected, and respect to one
another is essential for order of business.
Gem Lake allows for a public comment period at the end of each city council agenda for all
regularly scheduled meet! ngs. P 0 b I c. comments are subject to these (imitations;
1, Speakers must be recognized by the presiding officer (usually the mayor) before
speaking and are limited to three minutes each.
2. When multiple speakers appear to. speak on the same topic,. commentsshould not be
repetitive. The presiding officer may request speakers appoint a spokesperson:
3.. The presiding. officer may place a time limit on the pubfic.comment period if necessary
to allow for the conduct of city business: If this does not allow sufficient time to near al!
public comments, the comment perfod.may be clef erred.to the next regular council.
Meetin
4. Speakers. maybe required to sign up priorta speaking 2n.d are required to stntcz thinir
name and address when approaching`tiie podium.
5. Speakers must direct their rem arks.to the presiding officer, or to the entire council.
6. Speakers .shall not use obscene, profane or threatening language, nor conduct
themselves in a threatening, loud or belligerent manner that disrupts the conduct of the
meeting.
7. Speakers are required. to follow the direction of the presiding officer:
S. Speakers who do not follow the. direction of the presiding officer will be warned that
further disruptive conduct will result in removal from the meeting. After warning, if the.
conduct continues the presiding officer may ask. the speaker to leave..
9: Council will generally not respond at the same meeting where an issue .is initially raised
by the publ1c.. Generally; the matter will be referred to staff, legal counsel, or others for
further research and possible report or action at a future meeting.
Adopted Gem Lake.City Council meeting;luly 18, 2017 Page
Public Hearings are sometimes required by law. to allow the public. to offer input on city council.
decisions; When public Bearings are required by lam notice shall be provided as required by
state statute. Public hearings shall be commenced at the time. advertised in any noti ce req u !red
by law.
General Procedures for Public Hearings
The order of business conducted bythe council shall generally be as follows:
L. opening Comments by the presiding officer, announcing the purpose of the public
hearing.
2. .presiding officer opens the public hearing portion of the meeting
:3. Staff presentations, such as engineering reports; and other relevant information
4. D`eveloper presentation/other presentations,
5. public comments.
6, heading of writteh..comments.
7. Presiding officer formally doses the. public portion of the rneeting
other guidelines for public hearings:
1. Speakers who wish to address the council must follow the same rules as stated above in
the city council portion of this handout.
2.. Speakers may also provide written comments to the council before the meeting:
Written comrents may be read aloud by the presiding officer. Anonyrnous, unsigned
ccmrnunications will not be read.
3. The: presiding officer may continue the hearirig it necessary to.a.11ow for more.time..
Other Important: Guidelines far Public Meetings
1. Ali remarks should be directed at the presiding officer or to the entire council. Personal
attacks on council members are not allowed. It is inappropriate to Use the public
comment period for purposes of making political speeches, including threats of political.
action:
2. The council will generally not engage in. deb ate or dialogue will speakers during the
public comment:period..A Ilst.will be made of all questions so they can: either be.
answered at the end of the meeting: or referred to ❑thers..for research and answered at
a later time.
Adapted Gem Lake City. Council meeting July 18, 2017 Page 2
CITY OF GEM LAKE, MN
4200 Otter Lake Road.
Gem Lake, MN 55110-3227
Gern Lake Planning Commission Meeting -August 1, 2017
RE: City of Gem Lake —Consolidated Land Use Ordinance: Proposed. amendments and
recommendations to the Gem Lake City Council.
Based on a review of the Consolidated Land Use 0rd. inahce (C.LU.0).and on th.e:.a.dvi.c.e of the City
Attorney, the Planning Commission of the City of Gem Lake recommends the following amendments to
the CLUO be made before the CLUO be accepted by the City Council.
References are to .the "Gem Cake Consolidated Land Use Ordinance— Final Draft (6.6.2017)" and
"AppendixA _ Consolidated Land Use Ordinance. 6 S 2017" available at.Heritage Hall and as posted on
the official city website for the City of Gem Lake (under'News &Updates'),
1... Determination of the. ordinary high. water level of the body of water known as Gem Lake, and
other bodies of water within the city limits,.sha.lI be.. made byth..e Minnesota aepartment:of
Natural Resources, not:the Gem.Lake City Council. See for instance; Page 17: 6.5.W).
2. Page 59., Section 10-A:rnend Sectivh 10 —"Open Space/RecreationaI district "05/R" to read
"Public Open Space/Recreational District" and. insert "public" into. the. appropriate locations
throughout. Section 10.
For the purposes.of the CLUO, "public open space," shad be considered within the context of the
Met Council's Regional Parks:Policy Plan within "Thrive A4SP 2040;"the Council.'s corn pre h0nsive
develop ment.gude for the region.
Met Co.un.ci.l's Locai Planning Handbook contains the.following land use categories:
Open Space (OS) -.1) = Resource protection or buffer; .2) s.upport unorganized public
recreational activities, rriay.conta1n trails, picnicareas, public fishing; etc. or 3)
preservation of unaltered land in its natural state for environmental. or aesthetic
purposes,
Park & Recreation (PR) - Primarily for publi.c.active: recreation activities improved. with
playfieldslgrounds or exercise. equipment, gaff courses, zoos or other sirriilar:areas.
In addition, a definition should be added to -the "Appendix A— Consolidated.Land Use Ordinance
5 5 2017," such as.
a. Public Open Space -Any parcel or area of land or water including, but.n.ot limited to:
wetlands,. prairies and grasslands, pastures, forests .and wooded areas, mixed forest &
grasslands,. or any other naturally occurring land form that is essentially unimproved and
which may be devoted to. use for the purpose of
i. the preservation of natural areas: and resources,
ir.'outdoor recreation (active & passive),
N support of public health and safety, or,
iv. maintaining a high quality of life.
3. Page 63., Section 1183— Minor chainges within Planned Unit Developments:to. items such as
structure or building locations, placements`and heights should be requested by a variance
procedure. Recommend elimination of languageass'igning authorization authority to the: ZonIng
Administrator and insertion Of language referencing'the variance procedure,
4. With regards. to the existence or creation of lawful non -conforming uses and structures as a
result of the implementation of the CLU0,: Section 16..8 under Genera Provisioris shall apply,
Notwithstanding the prohibition under Section 16.3.4, where a non -conforming J7uilding or
structure has suffered damage at fifty percent (50%)' ❑r.greater of its fair market value, the City
may consider a request for Variance through the variance procedure for.the reconstruction: and
same use as before`the damage.was .sustained.
The City shouId work:to ensure that no.future proposals or development result in h 0 n-
confo rM i ng uses or structures being established. In addition, as they arise.and on a case -by -case
basis; the City should. rely on the expert advice. of the city planner and city attorney with regards
to addressing issues of non -.conforming uses: and structures.
5. Edit definitions and -descriptions CLUC, and specifically under 9.1.1.ard.9.3.1 to
reflect changes to.draft.map on page 28.("RO— Neighborhood Edge (NE)" and "RS—
Neighborhood General (NG)") (create.cross-reference to "RQ" and "RS" Districts) or eliminate
the `view' designations
MRMSM STATUTES M16 13D7 0.15
13D.41.5 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS.
Subdivision 1, Application. This section.applies to;:
(1) a state agency, board, commission, or department; and a statewide public pension plan defined in
section 356A.01;..subdivision 24; and
(2) a committee, s.:ubcornmittee, board, department, or conuniss.ion of an entity listed in clause (1),
Subd. 2. Conditions.. An entity listed in subdivision 1 inay conduct a meeting governed by this section
and section 13D.01, subdivisions 1, 2, 4,. and 5; by telephone. or other electronic means. so long. as the
following. conditions are met:
(1) all members of the entity participating in the meeting, wherevertheir physical location, can.hear one
another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the entity can hear all discussion
and all votes of members .of the entity and participate in testimony;
(3).:at least one member of:the :entity is physically present at. the. regular meeting location; and
(4) all votes .are conducted by roll call, so each .memb&s .vote on .each issue can .be identified and
recorded;
Subd. 3. Quorum;. pardelpatian. Each. member of the entity participating in a meeting by telephone
or other electronic means is considered. present at the meeting for purposes of determining a quorum and
participating in all proceedings:
Subd, 4, Monitoriizg from rennote site; costs. If telephone or another. electronic.means is used to conduct
a meeting, the entity, to the extent practical,. shall allow a person to monitor the meeting electronically ftom
a remote.location. The entity.may require the. person making a connection to pay. for documented marginal
(eimnergency
hat the entity incurs as a result of the additional connection.
bd. 5. Notice. If telephone .or another electronic means is used to conduct a regular, special, or
meeting, the. entity sl�all:.proyide notice of the: regular` meeting location, of the fact that some
ers may.participate by electronic means, and ofthe provisions of subdivision 4. The tiling andmethod
viding. notice is. governedby section 13D.04. Tn addition, the. entity must post the notice on its Web
least ten days before.any regular rneeiing.as defined in. section: l3D,64, subdivision 1.
story: 2009 c 80 .r 1; 2012 c 290 s 63
Copyright(0 2016: by the Revisor of Statutes, State of. Minnesota. All Rights Reserved.
City at Gem Lake Planning Commission Meeting
Tuesday, August 1, 2017; 7:0a p.m.
Heritage Hall, 4200 Otter. Lake. Road, Gem. Lake, MN
Sign In Sheet
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