HomeMy WebLinkAbout2013 02-19 CCPCity of Gem Lake, MN
City Council Meeting
February 19, 2013
Call To Order of City Council Meeting — By Mayor Uzpen at 7:
Call of Roll
Uzpen Artig-Swomley Lindner
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 January
Committee Reports
• None
Old Business
• News Letter Ideas
Kuny
P.M.
Bosak
Public Hearing
• Hansen LLC., Application to renew Interim Use Garden Permit for 2013
New Business
• Claims for February 2013
• Monthly Financial Reports
• Presentations from the public, five minutes maximum presentation
• Open Items for the Council Members to bring up.
Future Council Meetings
• Workshop Meeting, For March is cancelled
• Next City Council Meeting, March 19 at 7:00 P.M.
Adjournment
• The meeting adjourned at
ILI, -=r - CITY OF GEM LAKE, MN
4200 Otter Lake Road
Gem Lake, MN 55110-3227
Telephone 651-747-2790
E-mail CitvnaemlakeMN.ora
Minutes of Gem Lake City Council Meeting
15 January 2013
The regular meeting of the City Council of the City of Gem Lake was called to order by
Mayor Uzpen on Tuesday, January 15, 2013 at 7:08 pm in the Gem Lake City Hall
meeting room.
The following members were present: Mayor Robert Uzpen. Councilmembers James
Lindner, Gretchen Artig-Swomley, Faith Kuny and Councilmember Richard Bosak.
Members of the public attending per the sign in sheet sent around the room.
Before the City Council meeting opened, Councilmember Faith Kuny, Mayor Robert
Uzpen and Councilmember James Lindner were sworn in and took the Oath of Office.
APPROVAL OF AGENDA AND MEETING MINUTES
City Council Agenda: Mayor Uzpen called for additions, deletions and corrections to
the agenda. Upon motion by Councilmember Lindner, and seconded by Councilmember
Artig-Swomley, the January 15, 2013 agenda was approved. Ayes — 5, Nays — 0.
City Council December Meeting Minutes: The December 2012 minutes were
presented and corrections were needed. Upon motion by Councilmember Bosak, and
seconded by Councilmember Lindner, the December City Council minutes were
accepted. Ayes — 5, Nays — 0.
Planning Commission November Meeting Minutes: The November Planning
Commission minutes were tabled.
Planning Commission Chair Report: There was not a January Planning Commission
meeting.
OLD BUSINESS
Newsletter: Councilmember Artig-Swomley stated some of the topics are:
• New Councilmember sworn in
• Gem Lake's accomplishments for 2012
• The winter parking rules
Gem Lake City Council Meeting
Page 2 of 5
• Scholarship Program
• Gem Lake City Appointments
• Century College class on chicken raising
• DWI Statistics
• Tobacco License renewal
• Sherriff department checking on business compliance.
• Ramsey County News
■ Councilmember Lindner is working with the Ramsey County Fair
this summer.
• Gem Lake's Goals for 2013
PUBLIC HEARING
None
NEW BUSINESS
Sheriff Bostrom's Discussion with the City Council: Sheriff Bostrom explained the
responsibilities of the Sheriff's Department starting with patrolling for counties that does
not have a police department. The Sheriff department is one that uses patrol services,
crime lab, K-9 Unit and swat team. The second is detention services. The State of
Minnesota mandates that a person be turned over to the Sheriff department for holding
until trial. Also performs court services when a Judge orders the Sheriff to find the
people and arrest them. Another service is water patrol, patrolling over 35 lakes.
Finally, the Sheriff department performs investigations for different counties.
New Sheriff's Contract for Approval: The Sheriff contract is for year 2013, 2014, and
2015. Councilmember Lindner stated he has observed the extra patrolling around Gem
Lake. Upon motion by Councilmember Lindner and seconded by Councilmember Artig-
Swomley, the Sheriff's contract was approved. Ayes — 5, Nays — 0.
Liquor and Tobacco License for Country Lounge: There was some discussion
between the City Council members prior to making the motion for approval.
Councilmember Lindner read the following motion regarding the renewal of the license
for January 1, 2013 through December 31, 2013 for the Country Lounge, 3590 Hoffman
Road for Resolution #1: On sale and Sunday liquor license; #2: Tobacco sales license;
#3: Charitable Gambling license; and #4: 2 am sales approval and authorizing the
execution by the Mayor, Clerk, and authoring staff to forward the documents to the
Alcohol and Gambling Enforcement Division of the State of Minnesota. Upon motion by
Councilmember Lindner and seconded by Councilmember Artig-Swomley, renewal of
the liquor and tobacco license for Country Lounge was approved. Ayes — 5, Nays — 0.
Liquor License for Gem Lake Hills: The renewal license is January 1, 2013 through
January 1, 2014. Councilmember Lindner read the following motion regarding the
renewal of the license for January 1, 2013 through December 31, 2013 for the Gem
Lake Hills Golf Course, 4039 Schedemman Road for the on sale and Sunday liquor
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Gem Lake City Council Meeting
Page 3 of 5
license authorizing the execution by the Mayor, Clerk, and authoring staff to forward the
documents to the Alcohol and Gambling Enforcement Division of the State of
Minnesota. Upon motion by Councilmember Lindner and seconded b Councilmember
Artig-Swomley, the liquor license for Gem Lake Hills was approved. Ayes — 5, Nays —
0.
Resolution 2013-01 City of Gem Lake Appointments: There was discussion
between the City Council members and upon motion by Councilmember Bosak and
seconded by Councilmember Artig-Swomley, Resolution 2013-01 passed. Ayes — 5,
Nays —0.
Claims for January 2013: The claims for January were discussed and authorized to
pay. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember
Kuny, the claims for January 2013 passes. Ayes — 5, Nays — 0.
Monthly Financial Reports: The City Council received and reviewed the report. It was
noted the Councilmembers received the year-end statement.
PRESENTATIONS FROM THE PUBLIC
None
OPEN ITEMS FROM THE CITY COUNCIL
Councilmember Kuny noticed the map in the lobby had changed. Mayor Uzpen stated
the map changes will be discussed at the February 11 Workshop.
Councilmember Lindner will have an article published in 2014 regarding the Ramsey
County Fair. He can only publish one article per year and already has an article being
published in 2013.
Bill Short discussed meeting with the White Bear Lake Historical Society regarding the
Town Hall built in 1850. At this time, White Bear Township does not know what to do
with the Town Hall. He will keep the City Council informed.
Councilmember Bosak stated the stop sign is down on the corner of Goose Lake Road
and LaBore Road. Mayor Uzpen stated White Bear Township would take care of it. In
addition, he noticed two new houses being built in Hillary Farms and would like to
welcome them to the community via a letter.
Mayor Uzpen stated the February Planning Commission meeting is cancelled due to the
lack of agenda items and no Planning Commission Chairperson. Councilmember Kuny
will be working on the zoning ordinance.
FUTURE COUNCIL MEETINGS
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Gem Lake City Council Meeting
Page 4 of 5
Workshop Meeting: February 11, 2013 at 7:00.
City Council Meeting: February 19, 2013 at 7:00 p.m.
ADJOURN
The January 15, 2013 regular meeting of the City Council adjourned at 8:04 p.m. Upon
motion by Councilmember Artig-Swomley, and seconded by Councilmember Bosak, the
City Council meeting was adjourned. Ayes — 5, Nays — 0.
APPROVED:
ATTEST:
Julie Newkirk
Recording Secretary
ATTEST:
Robert Uzpen
Mayor
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Gem Lake City Council Meeting
Page 5 of 5
SIGN UP SHEET:
Bill Short —White Bear Township
Patrick Kelly
Alana Stettner
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City of Gem Lake, MN
Resolution No. 2013 — 08
A RESOLUTION APPROVING THE MS4 REPORT FOR THE YEAR 2012.
WHEREAS, The City of Gem Lake created the MS4 report for the year 2012,
BE IT RESOLVED, that the City Council for the City of Gem Lake approves the report
and authorizes the report to be submitted.
WHEREUPON, the above resolution was adopted at the August 20th, 2013 regular City
Council Meeting for the City of Gem Lake, Ramsey County Minnesota, made by Council
Member XXXXX and seconded by Council Member XXXXX with a vote of (yes)
and 1 abstention.
ATTEST
I, William Short, the duly qualified City Clerk of the City of Gem Lake, County of
Ramsey, State of Minnesota, do hereby certify that the foregoing resolution is a true and
accurate representation of action taken by the City Council of the City of Gem Lake on
the date first written.
William Short, City Clerk
Date
CITY OF GEM LAKE, MN
4200 Otter Lake Road
Gem Lake, MN 55110-3227
INTERIM USE PERMIT
APPLICATION FORM,
INTRODUCTION
W"'V-mm-1
Telephone 651-747-2790
City!r .gemlakeMN.orf
RECEIVED
TOWN OF WHITE BEAR
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) �rcl.� ft'G� 7-2 ufe-A-k ,ePHONE (Home) jj'�
"�r,r.. %�r�ta►� ��-� (Business)
(Cell) Z-i
ADDRESS 123 h
PROPERTY LL//
OWNER
ADDRESS OF _ ZONINGC LI'w��jr
SITE Y: Cie, /2d
C. c�rzM pp
EXISTING USE OF SITE S e ,-1-i, i�gi 4Z CLP-Je dl
DESCRIPTION OF INTERIM USE BEING REQUESTED
�l.� r►-1., , r) c, -- Sat-c�c' �t � � �,
Fee: Conditional or Interim Use Permit (Other than a PUD)
�v + $1000 escrow for review
CHECKLIST: /°-`
Site Plan
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 (6 inch in diameter or more), large shrubs &
proposed landscaping.
Location of site, with adjacent land use.
Topography, grading.
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, or full 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
(1st Tuesday of the month @ 7:00 p.m. at
Heritage Hall).
3. City Council
(3rd Tuesday of the month @ 7:00 p.m.
(Call Public Hearing)
at Heritage Hall).
4. City Council
Public Hearing the 3rd Tuesday of the month
following the Planning Commission meeting
5. City Council
(Action subject to Public Hearing Schedule)
STANDARDS:
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.
6. 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 (ownershiplencumbrance).
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 ofApplicant(s) Date
To Be Completed B Office:
Date Request Received t 1 % k
By
Staff Member
Conditional or Interim Use Permit (Other than a PUD) Fee + $1�O escrow for review
Deposit Received ❑ Yes
No
Date Application Complete
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City of Gem Lake
Gateway Zone
Sub Zones Map
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Gein Lake Galeway Dixtn-t Develop lent Code
May 19, 2009 - Page 6
LEASE FOR USE OF LAND FOR FARAUNG
This lease is for the use of land for farming, and shall be entered into by Xiong Her ("Tenant") and
Hansen Investments; LLC, a Minnesota limited liability Company ("Landlord").
The "Property" to be used by Tenant for farming purposes consists of approximately 17.5 acres on the
North side of County Road "E" in the City of Gem Lake. The part of the land covered by the agreement shall
be the tillable portion of the property. The land is described as follows;
Commencing at the Southwest comer of the Southwest Quarter of Section 27, Township 30, Range 22, thence East along the
south line of said Southwest Quarter a distance of 935 feet, thence north at right angles a distance of 886 feet, thence West on a
line parallel to the south line of said Southwest Quarter to the west line of said Southwest Quarter; thence south along the west
line of said Southwest Quarter to the point of beginning; said parcel containing 19.01 acres, more or less; together with an
easement, in common with others, for ingress and egress, over and across the following road:
A 40 foot wide strip of land, the westerly line of which is described as follows: Beginning at a point on the
south line of said Southwest Quarter of Section 27, Township 30, Range 22, distant 935 feet east of the
southwest corner of said Southwest Quarter; thence north at right angles to said south line 886 feet and there
terminating;
subject to the rights of public in County Road E; also subject to an easement for existing power and telephone lines upon and
across a strip of land fifteen (15) feet in width in the Southwest Quarter of Section 27, Township 30, Range 22, Ramsey County,
Minnesota, five (5) feet on the westerly side, ten (10) feet on the easterly side of the following described line: Beginning at a
point on the south line of the Southwest Quarter of said Section 27 (bearing east and west) distant 925 filet east of the
southwesterly corner thereof; thence north 0*1 V west to a point on the north line of the above described parcel and there
terminating.
(The "Property").
Tenant and his farmer agents shall only access the Property from the south driveway installed in 2011 by
Landlord. Tenant may not cut in any other driveway(s) and Tenant and his farmer agents use of the easement
(aka: Daniel's Farm Road) off of County Road "E" shall be limited to the south 100 feet of the Property.
Tenant understands that the road is a private road and Tenant and his farmer agents may not use any part of the
remaining easement area described above.
The time Tenant may use the Property for farming shall be from April 1, 2013 until October 15, 2013
(i.e. growing season). This agreement shall automatically terminate on October 15, 2013. Upon mutual written
agreement of the parties, this agreement may be renewed. Upon the termination of the end of the term, Tenant
and his farmer agents agree to remove all yard waste and any other items used for farming purposes unless
Landlord shall give Tenant permission to leave the items on the Property.
The rent per growing season shall be an amount agreed upon by the Landlord and the Tenant. The
parties have agreed that for 2013 growing season, the rent will be $500.00. Landlord does not guarantee Tenant
any specified number of acres. Rent shall be payable in advance.
Landlord may have additional soil rough -plowed on the above described property. However, the Tenant
will be responsible to do any further preparation of the land for planting of any crop. Landlord shall not be
responsible to perform any additional work on the Property after the initial rough plowing has been completed.
-1-
Tenant may remove any dead brush or dead trees from the Property. Tenant may not remove any live
trees without Landlord's and the City's written approval. Tenant acknowledges that the City of Gem Lake has
an ordinance governing removal of vegetation and trees from properties with its City limits including the
Property. Any brush, branches, dead trees and limbs cut shall be removed from the Property and properly
disposed of by Tenant.
Tenant further acknowledges that he shall be responsible for the safety and management of any farmer
agents that Tenant engages to farm the land with him. Tenant shall also be responsible for making sure that any
farmer subtenants follow all city, state and federal rules, regulations, ordinances and statutes. If Tenant or any
of his farmer subtenants are injured or Landlord is injured by actions of Tenant or his farmer agents, Tenant
agrees to indemnify and hold Landlord harmless with respect to any and all claims for injuries or property
damage including Landlord's attorney fees and costs incurred in investigating or defending, or both, any claim
whether litigation has been commenced or not.
Tenant acknowledges and agrees that Tenant and that of his farmer agents use of the Property shall be
subject to all rules, regulations, ordinances and zoning provisions of the City of Gem Lake. Tenant also
acknowledges and agrees that Tenant and that of his fanner agent's use of the Property shall be subject to the
rules and regulations of the City of Gem Lake, Ordinance 122; Garden Overlay District.
Tenant agrees not to construct or place any permanent or temporary structures on the Property. Tenant
and his farmer agents shall not leave any motor vehicles overnight on the Property. The Property may only be
used by Tenant for farming purposes.
During the term of this lease Tenant agrees to allow Landlord or others designated by Landlord to
perform soil testing, environmental testing, surveying and any other related activities which are necessary for
the sale or development of the Property. Landlord shall not be responsible to Tenant or his farmer agents for
any damage to their crops caused by any testing, surveying and any other related activity performed to sell or
develop the Property.
This lease agreement is contingent upon approval by the City of Gem Lake of a 2013 Interim Use Permit
which permits gardening activities on the Property in accordance with the City of Gem Lake, Ordinance 122;
Garden Overlay District. In the event the City of Gem Lake, denies approval of an 2013 Interim Use Permit, for
any reason, this lease shall be null, void and cancelled.
If Tenant violates any of the provisions above, Landlord may terminate Tenant's Lease upon 30 days
written notice mailed first class postage prepaid to Tenant's address at: 1662 Nevada Avenue East, St. Paul, MN
55106.
Landlord: Tenant:
Hansen Investments; LLC Xiong Her
Thomas M. Hansen
It's Chief Manager
`) Date: January 07, 2013
-2-
Date: January 07, 2013
Claims For Payment
CITY OF GEM LAKE
Period Ending 2/19/2013
Signatures Approving Claims I Date of Approval l
Robert Uzpen, Mayor
Jim Lindner, Council
Gretchen Artig-Swomley, Council
Faith Kuny, Council
Rick Bosak, Council
Tom Kelly, Finance Officer
Fund Totals 1 1 $ Amount
General Fund
42,455.32
Parks & Playgrounds
0.00
2004 Debt Service Fund
0.00
2006 Debt Service Fund
0.00
2007 Debt Service Fund
0.00
City Hall Construction Fund
0.00
Scheuneman Road Improvements
0.00
Hoffman Road Improvements
0.00
Sewer Fund
1,576.98
Investment Trust Fund
0.00
Total All Funds
Included above are the pre -paid checks paid on January 31, 2013
44, 032, 30
2113/13 at 11:58:31.37
City of Gem Lake
Check Register - Prepaid Checks
For the Period From Jan 31, 2013 to Jan 31, 2013
Filter Criteria includes: Report order is by Check Number,
Check #
Date
Payee
Amount
8774
1/31/13
Centuryl-ink
107.08
8775
1/31/13
FedEx Office
221.23
8776
1/31/13
Minnesota Conway Fire & Safety Inc.
67.00
8777
1/31/13
Minnesota State Treasurer
319.46
8778
1/31/13
Julie Newkirk
200.00
8779
1/31/13
Ramsey Cty League of Local Governments
125.00
8780
1/31113
Ramsey County
7,551.48
8781
1/31/13
T.A. Schifsky & Sons, Inc.
8,466.88
8782
1/31/13
VOID
8783
1/31113
VOID
8784
1/31/13
City of White Bear Lake
1,481.49
8785
1/31/13
Gopher State One Call
100.00
Total
18,639.62
Page: 1
2113113 at 12:00:01.50
City of Gem Lake
Check Register
For the Period From Feb 19, 2013 to Feb 19, 2013
Filter Criteria includes: Report order is by Check Number.
Check #
Date
Payee
Amount
8786
2119/13
Robb Olson
125.00
8787
2/19113
Ryan Green
300.00
8788
2/19/13
Innovative Office Solutions, LLC
57.79
8789
2/19/13
Kelly & Lemmons, PA
1,528.50
8790
2/19113
Ramsey County
7,774.13
8791
2/19113
T.A. Schifsky & Sons, Inc.
7,550.18
8792
2/19/13
VOID
8793
2/19/13
VOID
8794
2119/13
Waste Management of WI -MN
858,20
8795
2/19/13
City of White Bear Lake
1,441.91
8796
2/19/13
White Bear Township
3,688.91
8797
2/19113
VOID
8798
2/19/13
Xcel Energy
714.08
8799
2/19/13
Gopher State One Call
13.15
8800
2/19/13
Metropolitan Council
1,340.83
Total
25,392.68
Page: 1
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