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2023 04-18 CC PACKET
CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road J Gem Lake,. MN 55110 - 651-747-2794192 j .651 -747-2795 (fax) - E-tfiail :cit a2getnlaketnn.or City Council Meeting— April 18, 2023 Call to Order of City Council Meeting By Mayor Artig-SwomIcy at 7: p.m. Call ur.Roll Artig-Swomley Cacioppo Hynes-Anilee Johnson Lindner Approve and Accept Agenda a»d Minutes • Accept the:Ageifida for die. Apri1 18-20230ty Cduneil Meeting Approve the MIindes from March 2.1, 2023 City Councit Meeting • Accept the Minutes from [lie April. 11,.202.3 Planning Commission Mmling Spccixl Prescutxtion a MPCA Water Report.— Minnespta Pollution Control Agen q.:(MPCA) Representatives Tim Grape and Michal Ginshach unsent Agenda • Resolution Q023-007 April 2023 Donation to White Bear Lake Area Food Shelf • 2023 Pay Equity Compliance Report • Quarterly Financial Report Monthly Financial Report(s) • Claims Committee Reports • Planning, Commission bid Business Nensletter 0 Topics and Suggestions Nett Steps Corridor Project • tlpdate on Water Funding Request New B.usitie ss • Request Ordinance Aanendment to gid Consolidated Laid Use Ordinance — White Bear Montessori School Rental License at 3930:Scheuneman Road Discussion + Road'�vpy 8enI CoatQuo[cs • Gem Lake Trail and:Sign Discussion • Future Charitable Gambling Donations o White Bear lake Emergency Food Shelf Community Outreach to Other Cities and Government Bodies Presentntions.fro M tlic Puhlic;2 minutes mazimuni Open items for Council Members to Bring Up future Council Meetings • Next City. Council Meeting, Tuesday,:May i G,.2023 o Attendance Inquiry • Next City Council Workshop, Monday, May 8; 2023 - CANCELED Per rorronace Revieir /Pay Discussion m Closed :Xle.eting Council Only Adjournment — 71e. meeting adi qumed at City'of Gem Lake City Council Meeting— March 2.1, 2023 Meeting Minutes Mayor Gretchen Artig-Sworn iey called the meeting to order at 7:00 p.tn:.Councilmembers .lim Lindner and Laurel Amlce wem.present. C:ouneihn6rnbers i.en Cap ioppo and Ben Johnson were. not present. Also present: City Attorltey stand-iri Martin Norder, City Treasurer. Toni .Kelly, City Engineer Justin G..ese, Acting City Clerk NIoIiissa Lawrence, and .residents Rick Bosak, Tore Bolfing, .Nick Cress and Jim Wilson. March'21, 2023 Agenda A. motion was introduced by Counciimeinber Linder to accept the agenda, seconded by Councilmember Amlec. Voice vote taken, all. voted .yes; mo.0o.n.passes.. agend a acceptc d. Minutes A motion was introduced by Councilmernber Lindner, seconded by Cop nci[in ember AmIee to.approve the February .21 2023., City Council .Meeting Minutes. Voice vote taken,. all eoted yes, motion passes.. agenda accepted. Special Presentation None Consent Agerrda. Resolution 02023- 03 March 2023 Donation to. White Bear Lake Area. Food. Shelf Resolution i#2023-004 A,1arch 2023 Donation to -Northern Fusion 5ynchronixed Skating Program Resolution #2023-005 C & C. Enterprises LLC Tobacco. License 2023 Monthly Financial Reports Claims All. items on the consent agenda were reviewed by the Council. CounciIrnenther Lindner introduced a motion to approve all the itern s.Iisled on the consent agenda as.'is: seconded by Council.member Am Ice. Voice pole. taken, all voted .yes,. motion passes, consent agenda is approved. Committee Rentirts:- Planning Commission 1)uc.to scheduling conflicts no one from the Commission was. able to attend the City. Council meeting to give. a report. The Mayor shared that the Commission has been working on the Nuisance Ordinance and :things seem to. be in0Virig in the right direction. Old Business Newsletter A newsletter is due to.go out.in. the next day .or so... The Mayor is working on another newsletter to get put in the next t vo..(2j..veeks so that the residents of GemLake can be informed of the MPCA comirig to the.ApHI City Council Meeting. The next copy'of the newsletter.wiII include topics such as.the city clean-up day;. applications for municipal water funding. and,Ramsey:Countymcyciing,. Water System Funding Report The City has submitted • three (3) applications. for partial water systein. funding. Nothing .has been approved at this time, the City is applying right now because it could take up to a year far anything to be approved..Since the: applications have beeti submiIled the Mayor and City Engineer have been contacted multiple times to gather more information for the applications. One. piece of itiftlrmadoh that the City nccds.to gather. bcrore the end or the week. is. a letter Fro in the surroundirig. cilies that can suppIy Gem lake with water. The Mayor shared ihat:she has talked .with Tim Grape from the Minnesota PoIIuti6n.Cont roi. Agency (MPCA} and without canting out and saying.il, they.seem positive that tlrey know where the pollution is coniing.fro m, but they .ate .sdII nett able to share;anything.at this point. Mayor Ardg-SwomIey has invited Time:Grape and Michael Ginsbach to th0. ApriI Council meeting to be. the guest speakers. to discuss the tppic: further. Next Steps.Corridar Project The Mayor would like to table this convcrsation until Councilmcmber J..ohnson can be in attendance. Councilmember Undner introduced a motion to table the .discussion until the April City CounciI meeting; UY ofGem bake City Council Mecting Minutes March 21, 2023 seconded by CounciIinentber Amlec. Voice vote taken. all voted yes, motion passes, discussion is tabled until the April meeting.. Gem Lake Clean -Up Day Discussion The Mayor and City CIerk.discussed the option of the City of Gem Lake and White Bear Township having a joint clean-.up.event on: Saturday,. May 20_2023. The Township brought the .idca.to. their Town,Board and.itwas approved based on a couple conditions. The City Clerk would supply the Public Works Ekepartment a list of all house hoIds 1n Getn. Lake and that the City of Gcm Lakc. be charged to join the event. Mayor Artig SwomIey and Town Admini.strator.Patrick Christopherson agreed that the.City 4yould be charged $500,00 for. up to 50 houscholds and an additional $5 per househgld after.. Town Ad..ntinistrator asked the City to come up with a resolution for the event to he approved at the meeting. Resolution ##2023-006 J q i n t Recycling Event Agreement. Acting City Clcrk Melissa Lawrence created a resolution to approve the joint recycling event between the City ❑r.Gern Lake. and White Sear Township. The motion fov adoption of the foregoing ResoIution was d u I Y introduced by Co uric iIm.etnber Lindner and Supported by CounoiItnetniocr Amlec, and upon vote.be) ng taken thereon, the resolution passed with a vote of 3 in favor and 0 against. New Business VLAW3MO Discussions Councilmcmbcr LindncI- had .a.couple items to. discuss regard ing.VLAWMO. At this time the February Meeting %vas reschcduf.ed due to weather And he: expects to. stiII be.tlie'chair 0f VLAWM0. Budgeted Project.2024-2027 The City.of Gent Lake has a con pIc grant.& partnership dependent projectslactivities on the VLAW MO list: For 2024 202T • 2024 r Commere ia] area retrofit prgj pet. feasibility study - $25,000.00 ■ 2025 --- C.ornmercial area retrofit project implementation - $2s,000..60 ■ 2026 — Commercial area retrofit project implementation.-.$125,000.60. F.. ■ 2027 — G o I F Course Water Reuse - $75,04.00. The.amount listed for each year are: VI..A.WM0 partnership doIIars and the pas siblelproposM partners for theseprojects:'could. be City. Comity or State grants. CounciImcmber Lindner stated that these are not scheduled projects, but wanted to know 117theMayor.and Council wonId. Iike to keep the City of Ciem Lake on the list ror these possible projects. Mayor Artig-Swomley. said that the City should remain. on the Iist for future.possib16 projects. Snow Melt Concerns Councilmember Lindner expressed some concern about the shownielt in certain areas of the City. At this time. the Councilmember is.concerned about one specific. area in the City Iocated till.laoffnian Road. The. City has gotten sonic complaints front tIte:gew Luther Dca]ership going.in about the snowpiling at White Scar Floral. The snowbe! rig piled, when it eventually melts,:will begin to.lncIt.down toward s.the : new dealership; This area is also concerning because it is located near where the City recently had a slQpg failure. Cc u no i I me In her Lindner reached out to Ramsey Washington Watershed to see if there were any ordinances or rules regarding the. piling:of :snow. and was. told there are none. City 1Lngineer Justin Giese said that the. City. can notify the property owner that 'it is not proper tise.6f the land and. let thein knoyv titat the City twill not -be responsible for any Future slope failures or complaints from adjacent owners. The Mayor asked Mr. Gese il`he could may.be.come up with some.language to add to our nuisance ordinance and to: give a report at:the April meedng.regarding the issue. Tobacco and Liquor.Ord inance Discussion ; Possible Background Check Language Expansion At this time the City does not have any language in the Liquor Ordinanceregarding background. cheeks. This. discs;ssion came up because a new business will lie opening on. County Road E and it will be. selIing tobacco. and tobacco products. A background check is rcquircd anal the.Act ing City Clerk was curi.gus if the language in the City ❑fGem take City Council Meetiiig.Ivlinutes. March 11, 2023 2 1 1" L_ tobacco ordinance -should be expanded or 1e11 its is regarding (lie results of a background check. The Mayor suggested that. simiIar.language be added to the Iiquorordinancc regarding background checks. CounciImcmber.Lind ner iritroduced a motion to approve ad dinglanguage to the liquor ordinance regarding background. checks, seconded: by Couneihnerriber Amlee.. Voice rote takeri:.atl. voted yes, inot on passes, language. will be. add ed to the current Iiquor ordinanee(s). Future Charitable Gambling Donations . Each.in6nlh the City receives money from the Country Lounge for thcir pull -tab anti bingo sale. Most cities in Minnesota are able.to get up 10% of gross .revenucs from the charitable gambling that. hap pcns within city limits: TItcy then Itave to contribute al ofthese funds to charitable organizations ar'use it for very specific public safety. .or educational purposes: The City decides who:.they would: like to rJonate snore of these fonds to cacti month, a favorite of the City is the White:Bcar Lakc Emergency Food Shell: White Bear Lake Ei tnergency Fond Shelf Mayor Artig-Sworn lcy'suggested that the:Counci1. makc. a donation: in April in the. am0unt..Qf S1500.00 to the While .$ear Lake Emergency Pood Shelf. CoureiIniember Lindner 1.ntrodLice d.a inotion to 3'equest a donation 1n the amount of S 1506.00 #or the White Be Lake E mergen cy. Food Shelf seconded by Councilmcmlier Amlee. Voice vote taken, all voted yes, motion. passes, Acting City Clerk .will :request a donation to be approved at the. April. City Coun.cii meeting. Community Outreach to Other Cities and Government Bodies Mayor Arlig-S\voiiiley Aared.:that :the City has been working. NYith White: Bear Township on tho ell can -Lip cyi t scheduled for May 20, 2023., and that. the Public Works Department has been doing a great .job with plo.win. g this winter. The City of Vadnais 1-]eights was: sent a proposal regarding the Villas water a couple months ago and the City has still heard nothing.. The Mayor w i I I reach out to former City Attorney Patrick Kelly or Rachel at the attorneys off ice. to follow upon this.with another letter. Presentation from the Public,_2 minutes maximum None Open items for Council IYlembem to.Brin2 Up `Mayor Artig-Swomlcy asked ifthere. were any volunteers For the League of MN Cities annual training event in Duluth June 21 June 23.. The CounciIme;ribeit would look atthcir. caleitdars.-and .get back. to her. Tbe.aMayor also "shared that it is time for the Acting City Clerks annual review and w.i1i send all CounciImembers. a form to.. complete if they would Iike to. CounciImember Lindner shared that Jack. Hoes chIcr's:wife L i nd a reached but to liim to.see if'he couId put:.titget her a little story on .1 nkl s time in the Planning Commission.. futureCouncil Meetings City Council, Tuesday, April 18, 2023. Workshop, Monday, April 10: 2023. is CANCELED. Attendance Inquiry At this time all in attendance will be at the April meeting. Adjournment Being there no further business, following a motion. from Coo nciImemher Lindner, seconded by Councilmember Amlee, the meeting, adj ou rried.at 7 -33. p. m. Respectthilly submitted 1klelisra I.mv1 elire 0tyOfGeit Lakc City. Council Meeting Minutes March 2 1 ; 2023 3.1 City of Cem Lake Planning Commission Meeting --April .11,.2023 Meeting Minutes Planning Commission Chair Joshua. Patrick called the meeting to. order at TOO p.m. Commission Members Don Cummings, Stephanie Farrell and Art. Pratt were present. Not present was Commission Member Derek Wippich. Also.present: City.Attorney Kevin Beck, City Planner Evan .Monson, Acting City Clerk .Melissa .Lawrence, White: Bear Montessori Head of School Marnie NV cPhersori, Justin McPherson, City Counc.ilmember Ii n..Lindner and Resident Dan Mader. April IL 2023 Agenda A motion was made. by Commissioner Cummings to accept the agenda, seconded by Corrimission&Pratt. Voice vote taken, all. voted yes, motion passes, agenda accepted.. Minutes A motion was. made by Commissioner Pratt to approve the March 14, 2023, Planning Corn rnission. Meeting minutes, seconded by Commissioner Farrell. Voice vote taken, all voted yes, motion passes, minutes are:approved. Public "Hear nos R"ttested.Ordinance Amendment`to the Consolidated Lane Use. Ordinance —White Bear Montessor[School The: White Bear Montessori School (WBMS) operates at .120I County Road E Cast. at the southwest corner of the city.. The parcel is zoned Executive Residential (RX),.and is also. identified as .being within the Institutional. Overlay zone {the20.17.zoning map refers to the Institutional Overlay as a `Conditional Use Instiitutional'). The Consolidated Land Use Ordinance states in:Section 15..1. that the purpose. of the Institutional Overlay is for permitting uses that'serve the pub] ic,.ahi that are providing uses on a nonprofit basis. Section .152 lists `religious institutions' and `private child care and education facilities' as uses. that are'perinitted within the zone;. Sections 15.3 and 15.4 lists.accessbry and conditional/interim uses permitted 1n the: overlay. the: over] ay zone establishes IimiIations on uses within the zone. WHIMS. would be considered as a `private child care and education facilities' use in the ordinance. WBMS.is considering improvements to their facility, and is requesting changes to the.ordinance.that would alloriw f& an increase in students, as well as. potential expansion. of their existing facilities. The requested. increase in students would be to establish -a new max iinunn of.182. The applicant has: also. requested allowing structures an the site to occupy .up to 30% of a lot in .the .Institutional Overlay, and that the. minihtuni.amount of gremspace.on. a kit in the Institutional. Overlay be. reduced from 25.% o.f the lot to 200/o. Marnie McPherson. shared that the school as is right now..can hold. I.46 students if they changed: the common room that they have into a classroom,. but the school would prefer to Jeep itas a common room. Commissioner Cummings introduced.a motion•to open the public hearing on the matter at 7:07 p.m., Commissioner Pratt.seconded the.mot i6n. Ail in favor, motion carried. Cou ne il in embe r Jim Lindtie r.sbared that th e. bui I d i rig used to beA church before it .was turned into a school. Councilmember Lindner feels that.fronq a resident's perspective these -changes should have been made a long time ago and. sees. notlting wrong with the. plan. Head .of School Marnie McPherson shared that the school has never grown beyond 1:20 students and does have 'a wait Iist.about a year and a half but. .Currently there are 11.5. students enrolled. Thc.school is hoping to exparid. tlteir elementary program and leave the presc40a1 as :is. Cornm.issior} Chair Patrick. asked those in attendance if anyone:else had any cornments on the matter.. The public had no other comments. Commiss.ioner.Pratt introduced a motion to close the public hearing. on the matter at 7:12 p.m., Commissioner: f arrell seconded the. motion. At in favor, motion carried. Commissioner Pratt asked ]tow they were -planning to expand.the building, Mrs. McPherson responded that theUilding could. be added onto,. but the plan is to add an additional building in. the field instead like one of the Montessori schools did in St. Paul. Coinm1ssio..n Chair Patrick asked whAtthe Feld is currently used for. Mrs..McPharson responded that the filed is currently a prairie restoration project, which used. to be. called the "Field. of Dreams". There are three (3) rain gardens located in the field and many box elder trees have been cut down.. Commissioner Cummings feels that this request is reasonable. City Planner Evan Monson recamin end s approval based on the re corn m end ation s prepared by himself which include:. 1.. Redlined Ordinance with proposed amendments (Page 7 of Staff Report) 2. ?017.Getn Lake Zoning.Map Commissioner Pratt.introduced a motion to recommend approval to the: City Co onciiI.base d.on the recommendations by City Planner Evan Monson, seconded by Commissioner Cummings. Voice yote.taken,. all voted yes, motion .passes, Zoning. request will be. forwarded to the .City Council for approval. Old .Business Discussion of. 1�iuisance Ordinance No..96 City Planner Evan Monson shared that at the previous months. meeting. there were.several items that the Commission wants to consider: Commissioner.Cummings would like to. see some alignment with White Bear Township and White Bear Lake as the City uses both for certain. services. l lis main areas of concern Are noise and lighting. He would also like to see some .language added that references the Consolidated Land Use Ordinance: and Home Occupation Ordinance: Commission Chair Patrickhas received two (2) calls. regarding opinions or suggestions. on the Nuisance. Ordinance. One call was from.a business aver in the business district of Scheuneman Road. The owner was concerned after reading the Newsletter and bearing about a possible. parking ban on. Scheuneman. Commission Chaiir.Pa!rickass Lire d liim that this is in regards to the residential section of Scheuneman and not the business district. Another call was from a resid0rif on. 5cheuneman Road calling about certain property located near.}iim and how it ties into the Nuisance Ordinance. Resident Dan Marier shared that. lie feels. it would be unfair to all other. residents that -live on Scheuneman Road to put a no parking ban on all of Scheuneman because.of one problem property. City Planner Evan Monson is going to work on putting together a draft Ordinance..:for.revie.w for the -May. meeting,. New Business .None Open Items for Commission Members -to Bring Lan None Future sMeetin2 City Council Meeting, Tuesday, April 18, 2023 at Heritage Hall, and Planning Commission Meeting, Tuesday, May 9, 2023.at Heritage Hall. Attendance inquiry Commissioner Chair Patrick surveyed the Commission to see if any .of the members would have any issues. attending the May 9, 2023 meeting. At this Erne.alI Commission..ivIembers in attendance have. no conflicts and Acting City Clerk Melissa Lawrence will check with Comrnissioner Wippich closer to the date. Ad'lau rnment.. Being there no. further business. following a motion from Commissioner Pratt; seconded by Commissioner Cummings,.the meeting adjourned at 7:59 p.m. Respeclfullysz blWtW, .R:feliza. beii+rrence City of Gem Lake, iIN Resolution No. 2013-007 :April 181 20..23 A RESOLUTION AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A PORTION OF THE CHARITABLE GAMBLING Ia UNDS TO THE WHITE. BEAR LAKE ARE ATOOD SHELF. WHEREAS, the City of Geri Lake participates in the distribution of charitable gambling funds received from the Country Lounge WHEREAS, the City of Gem Lake distributes these :fimds to local 5.01(c)(3) tax' -exempt organizations WHEREAS, the City of Gem.Lake City Counc 1: suggested a.donation .at. their March 14, 2023 meeting.in support of the White Sear Lake Area Food Shelf NOW, THEREFORE BE 1T .RESOLVED, by the City of Gem Lake,: M innesota, the City Treasurer is authorized to send S:1,500..00 to support the 'White Bear Lake Area Food Shelf for the month of A..pH1 2023. The motion for adoption of the. foregoing. Resolution was duly introduced by .Councilmember and supported by Councilmeniber and upon vote being taken thereon, the resolution passed with a.vote of in favor.ard against. ATTEST 1, Melissa Lawrence; the duly qualified Acting 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. April 18, 2023 Melissa Lawrence; Acting..City :Clerk Date MANAGEMENT AND BUDGET Jurisdiction: Gem Lake. 4200 Otter Lake Road Gem Lake, MN 551.10 Contact, Toth Ke11y Compliance Repot. Phone: (651) 747-2760 Report Year: 2023 Case: 1- 2023 Report (Second Submission) E-Mail: tv.mAeily@whitebeart❑ wnship.org The statistical analysis, salary range.and.exceptional service pay testresults are shown below. Part I is general Information from your pay equity report data, Parts 11, III and IV give -you the test results, For more detail on each test, refer to the Guide to Pay. Equity Compliance and Computer Repg(ts. I. GENERAL JOB.CLASS INFORMATION #f Job.Classes 4-Employees Avg, Max.MonthlyPay per employee 11. STATISTICAL ANARYS€5.TEST A. Underpayment Rat€o w 0 Male Classes. Fern aIe Classes 0 0 1 0.00 62400.00 Balanced Classes All Job Classes 0 1 0 1 62400;00 Male Classes Female Classes a. If At or above Predicted Pay 0 .1 b. tt Below Predicted Pay 0 0 c.TO.TAL 0 1 d. % Below Predicted Pay (b.divided by cm d.) 0.00 0.00 *(Result is.% of mile classes below predicted pay divided by % of fernale.classes.below predicted pay.) B. T-test Results Degrees of Freedornt ❑F ._ 1 Value of T= '0.000 a. Avg, diff. in pay from predicted pay foKmale.jobs = 0 b, Avg. Jiff, in: pay from predicted pay for female jobs= 0 Ell, SALARY. RANGE TEST = 0.00 (Result is A divided by.Bj A. Avg. 6 of years to max salary for mile jobs = 0.00 b. Avg. # of years to. max salary -for female•jobs = 5.00 IV: EXCEPTIONAL SERVICE.PAY TEST = .0.00 (Result. it B divided by A) A. k of male classes receiving ESP = 0,00 B, %of fernale classes receiving ESP = 100:00 �(If.20% or less, test result will be.0.D0) Page 1 of 1 3/15/2023 11A9:09 AM A M .-4 r MANAGEMENT .AND BUDGET Pay Equity implementation Report Part A: Jurisdiction Identification Jurisdiction: Gem Lake 4200 Otter Lake Road Gem Lake, MN 55.110 Contact; Tom Kelly Part B. Official Verification Jurisdiction Type: City Phone: (6511747-2760 E-Mail: torr Aelly.@whitebearto wnship.org 1. The: jab evaluation system used treasured skill, effort responslbllity and working ccnditions and the same system was used for allAmses of employees. The system was used: State Jots Match Descri tion: 2. Health Insurance benefits for male and female classes of comparable value. have been .evaluated and, There: Is no differenceand female classes are. not at a disadvantage. Part Q Total. Pa roll $42292.04 Es the annual payroll for the calendar year just ended December 31. 3. An offlcial notice has been posted at: 4200 titter Lake Road (prominent location) informing employees. that the Pay Equity Implementation Report has been filed and is available to employees upon request. A copy of the riofire has been sent to each exclusive representative, It -any, and also. to the public library. The report was approved by; city Council (govern ing. body) Gretchen Anti-Swomle (chief elected official) Mayor (title) W. Checking this box indicates the following: - signature of chief elected official approval by governing body all information is cornplete and accurate, and - all errOloyees over which the jurisdiction has final budgetary authority are included Date SUbmitted;3f 15/2023 Pagel of X. 3/15/2023 ILZOi% AM Tom KeR From: Pay.Equity@state.mn.us Sent: Wednesday, March 15, 2023.11:18 AM To: Tom Kelly subject:. Confirmation of New Submission From Pay EquitySysten) aution: This email originated outside our organization; .please use caution. The following. case has been submitted for approval: Jurisdiction ID: 2538 Jurisdiction Name, Gem Lake Report Year: 2023. Case:.1 Thank you for submitting the Pay Equity Report for your jurisdiction. We acknowlege receipt of the. report and advise it will be used in determining compliance. A copy of your report may be obtained by logging: into the Minnesota Pay Equity Management Systems and selecting Go To -Reports. Should you discover errors in. the data, please notify the pay equity coordinator within.14 days at Pay,Equity@statemn.us. MINNESO'lA STATUTES 2022 471.991 471.991 DEFINITIONS. Subdivision 1. Terms. Far the purposes of Laws. 1984, chapter 651, the. following terms have :the meanings .given them. Subd. 2. Balanced class: "Balanced class" means any class in which.no more than $0 percentof the.. .members are inaie.and no more than 70 percent of the members are female. Subd, I Comparablawork. value. ".Comparable worse value" .means the .value of work measured by the skill, effort, responsibility, and working cotiditions Normally regvired in the performance of Oie.work. Subd, 4.: Class. "Class" means one or more positions that have similar duties; responsibilities, and general. qualifications necessary to perform the duties; witli.corirparable.selectiQnprocedures rrsedto r ecrut employees, Arid use of the same Compensation schedule. SUM.. 5: Equitable compensations relationAilp: "EgWtable.c:omperisation relationship" means that the compensation for female -dominated classes. is not consistently belmAr the compensation for niale-dominated classes of coinparable.work value, as determined under section 471.,994, within the political subdivision. Sub& G. Female-dorininated class. "Female -dominated class" means any class in which 70 percent, or more of the rrienibem are ferrule: Subd. 7. Male. -dominated class. "Male -dominated class" means any class in Which.$D percent or more of the. members: are. male. Subd. S. Position. "Position" mcans a .group of currant duties and responsibilities assigned or delegated by a supervisor. to an individual. History; 1984 c 6.51 s 1; 1.990 c 512 s 1 0fticial. Ilublicatioti of the 91a16.of lvtiiuiesota Revisor of Statutes . 4113123, .91:04 AM. Local Government Pay Equity ! Minnesota Management and Budget (MIAB.) Minnesota Management &. Bu.dget printed logo --ocal Government Pay Equity State law requires all public -jurisdictions. such as cites; counties, and school districts to. eliminate any gender= based wage inequities in compensation and summit reports to MMS. For information about reporting, refer to Mihne ota Statute 471.991-999 Municipal Rights; Powers, Quties; Equitable Compensation Relationship - Ott -q%:www.revisor mn:goy/statutes/`citel471.991#stat.471.99 ). ■ Minnesota Rules Chapter 3920 local Government Pay Equity ihttps:Ilwww.revisor.mn.govlrules/392Q/1) What Does Pay equity Mean? Pay Equity is.a method of eliminating discrimination against women who are paid less than men for jobs requiring comparable levels of expertise. This. goes beyond the familiar idea of equal pay for equal work. where men and women with the.same jobs must be paid equal ly..A policy to establish. pay equity usually means: 1) that all jobs will be evaluated and given points according to the.leveI of knowledge and responsibility required to do the job; and 2) that salary adjustments will be made if it is discovered that women are consistently paid. less then men for jobs with similar points. The following example .shows a typical gender-based.wage disparity. Job Evaluation Job Title Rating Salary .$3125 per Delivery Van Driver (mostly men). W points irlonth Office & Aclrnin Specialist mostly 117 points: $2940 per__. women). month *It is important to remember that. pay equity laws in Minnesota address only gender -based wage disparities and.not all types of wage disparities. Pay equity does.not replace collective bargaining and does not address all compensation issues.. Local Government Pay Equity Reporting Process Local Government Pay Equity Reporting Process step 1: Establish a jab evaluation system - Every political subdivision Is required to use a job evaluation system in order to.deterrnine the comparable worlt:value of the. work performed by each class of it's eimployees. Ghee established job points generally do.niat change uniess.a hew :evaluation system. is adopted. You may.c.hose to create your own internal job evaluation system, use a consultant's system or use the 5tate.Job Match. Your jur!Aiction is responsible for making. decislons about which job evaluation system to Use .For more haps:llmn.govlm.mblempleyee re.lationslcompensationllawsliocal-gavliacal-gav-pay=equity! 113 4113/23. 11t04 AM Local Govemmant Pay Equity 1 Minnesota Management:and Budget iMMBj Information refer to the.rescurces below: Job Evaluation (https: mn.goylmrnb-stet/pV-equityljob-eyal.pdf). SHgM -Performing Job Evaluations (hops:l/www.shrm.org/resourcesandtools/tools-and- samples toolkits pag�performingjobevaluations.aspx). State Job Match Evaluation System (https; mn gov/mmb-stat/pa�V- L% 202023..pdf) Step 2: Gather the data you will need to report. `this includes information about your juris.diction'.s.jobs suc.h.as. job title, job paints, number of employees (male, female; nonbinary); salary,.yews of sei'vlce.or years to max. Use the resources.belmv as a guide -to help you get started: Instructions for Submitting a Local Government Pay Equity Report (https. mrl.goylrnmb-statlpay� equity/Instructions%2Qfor°Io2QsubMitting%7-ba%201ocal%20government%20pay o20egcity°620report.pdfj, Pay equity Spreadsheet - Upload. data (hops: mn.gflv mmb-star pay_ equity Pay%20Equity%2O5prea.dsheet.xlsx). Step 3: All reports must be submitted electronically using the MihnesbtgL Pay .Equity Management System .(https://mn.gov/mmbap ps Pay it LagIn.aSpx}, For step by step instructions on how to submit your report please refer to the Instructions for submitting a I oq I goyelfnrnent pay -am ftvreport ,{https; mn,goyImmb-statlpay- i?quity Instructions%20for%2osubmltting°/20'a%201ocal%20government%a20pay .2oegi tty°/2Oreport.pdfJ. hltps;llmn:govlmmblemployee-Pelationslcompen.sationllaWsllocal-gpvllocal-gov-pay-equity/ 213 4/13123, 11 04 AM Locaf Government Pay Equity l Minnesota Management and Budget (MMB). Step 4:' Interpret your results- The resource below can help you in understanding your jurisdiction's compliance results. Please remember that NiMB will make the final. decision about. your jurisdiction `s compliance. Interpret Results (https: mn.govjmmb-statlpay-equity interpret -results - pa yL/b2Oe-Qg ty_pdf). - (information to determine if reportis in compliance) :Step 5: After submitting the report download. and post the official notice in a prominent work location: 2023 Notice to Post -Pay Equity Report Has Been submitted https: mn ggvlmmb=statlpay_ equity 2023°lQ2ONobce.pdf) Additional Resources Pay Equity: The fViinnesota Eitperiersce (littps: rrmn.govlmmb-sta {aay. equity Pay Equity_ The%2OM in nesota%20i=xperience.pdfI Guide to understanding Pay Equity Compliance (pdf}_�https: mn:govlrriml-statlpay=equiCy�gtide- understand-comp/: pdf), 202.1 Report to the Legislature [htps: mzgnv'mmb-statlpay_ equty12021%2OLegisIafive%2OPay°o20Eg1Lity9°ZOReport- %20Accessible°20Do ument Murray Draft%201-pdfj. ht(ps:llmn.gov/mm.b/employes-relations/`c�oropensationilaws/local=gov/local-gov-pay-equity/ 3/.3. .Job Evaluation "Every political subdivision shall use a job. evaluation system in order to determine the comparable work value of the workperformed by each class of its employees,... NIVIInn. Stat;.Sec. 471.904). The local Government Pay Equity Law requires that female. classes. not ho paid consistently below male classes of "comparable value:' Comparable. value is determined by the jot? evaluation rating or points assigned to a job class. Once established, jab paints generally do not.chahge unless the content of 'a job changes. or a different evaluation system is adopted. This: isan ongoing process and requires ongoing compliance, Establishing join evaluation ratings is the first step in the pay equity process. It is important to.remember that comparable value or a job evaluation -rating. does not include seniority or performance or salary; rather it is an evaluation of job content.. Job content is measured by the .skill, effort, responsibility.and working conditions required of the job class. In addition, job evaluation should not be interpreted strictly as a r'fgid "pay for points"system where -each point is wcelh "x" dollars. Pay..equity can be achieved and requirern.ents of the law meteven though some jabs with the same points do not receive exactly the some pay. `It's often been said that comparing the value of different jobs is like comparing "apples. and oranges." Actually different fruits Can be compared by measuring. common. characteristics.of a fruit, such as number of calories or weight. 15og 87 z.1:Tg o.3g 1.5g 140 l.U, Can Apples and Oranges. Be. Compared? Weight Calories Carbohydrates Protein 1 Iber Vitaciin.A. 15Qg 73 18,3g D.Sg 3Qu.I.U. Source: Pav'Eauifv: The Mirinesofaedehoa, Sixth Edifion, Febrc+ary 2{7ifi, p.25 Legisiafive Office on the Economic. 5tatus of women the State Job Match System of jab evaluation is intended as a straightforward, simple tool to help local governments effectivelyanalyze the jams in their.jurisdictions. More information can be foundon our Local GoyeenrnentPay Equ€ty.webpage. May,. 2023 Voluma 17, Issue 3 Ge Lake News Gretchen Arfig-S.womley,. Newsletter Editor UlPCA Presents Well Update Continued on.page 2 Joint Clean Up Day -Take Advantage! Take advantage of the first ever Joint White Bear Township and Gem lake Spring Clean Up Day on May 20. This is your chance to drop off.a variety. of unwanted items free of charge to residents of the Township and the City. The spring cleanup event will take place' Saturday May 20 frorn 7:00 a.m. to 2:00 .p.m. at Otter Lake Elementary School. .The: address is 1401 County Road H2, White Bear Township, .MN 55110, You may be asked to provide I.D. to verify you live in one: of these municipalities, Accepted items. include; appliances, automotive batteries; tires, mattresses, furniture, carpeting, household fixtures, TVs,. electronics, lawn movers. (fluids drained), building materials, limbs and brush. There will be paper shredding available from 8:00.a.m to 1:00. p.m. Take advantage of this unique, free chance to get rid of unwanted items and get your household ready for summer! For more information, call Melissa Lawrence at 651-747-2790. MPCA Presents Well Update [continued from Pagel] Water System Funding Update The City of Gem Lake's application for faderal funding for a partial municipal water system has been selected to advance to the next stage in the U.S. House appropriations process. The City received the.official notice of advancement on April 11 .from the office.. of U,S. Representative Betty McCollum. Under the rules:designated by the Republican Majority, each member of the. U.S. House of Representatives was limited to nominating 15 projects for funding this. year:. This year, MCCollufh's office nominated projects that appear to.have the highest probability of being chosen for funding based on the criteria previously outlined. There. is.significant competition for limited dollars available for Community Project Funding. and this nomination to advance. is not a guarantee of funding. More.1nformation wi11 be shared. When it is available as the City's application progresses through the process. Recycling in Minnesota How goes it Work? Have you ever questioned if recycling is worth it? Short answer; yes. Beyond saving energy and protecting natural resources, recycling also supports vital industries, Recycling is the process of collecting materials that would otherwise be thrown away and turning them into new products. Our cans, bottles and paper are dropped off at a local facility where people and machines sort the recycling into materfal types which are. sent to many different companies: • Paper and cardboard are made into newspapers, toilet paper rolls and cereal boxes at.five paper mills in Minnesota, • Cartons like juice boxes. are sent to a company in Wisconsin.that.rnakes a rnaterial for new paper products.. • Aluminum cans get turned into. new cans, wire,: siding. and more at pants in the South. Steel cans like those used for soup are made into steel beams in Chicago. ■ Plastic bottles with a number 1 like water and soda bottles are shipped to other states to be made into new bottles, deli food containers and carpet. • Plastic containers with a number 2 like milk jugs are transformed into. low — maintenance lumber by companies like Avon Plastics in Paynesvi[le. They are also made into more bottles or irrigation tubing. for farmers. Cottage cheese and other plastic tubs with a number 5 are. used to create food containers, car parts, paint cans and :more. by companies in other. states. • Glass bottles. and jars are sorted by dolor in Saint Paul. Clear:glass..goes to Anchor Glass in Shakopee to make condiment bottles, Brown glass is sent to Illinois to make beer bottles. Our.recycling is wanted by many companies in our state and across the country. Help supportlocal recycling business: ■ Stick to the basics: Recycle. the items listed above. • Keep it loose: Empty recycling into your bin — no plastic bags. • Check with your recycling hauler or Ramsey County (RamseyRecycles.com/A to Z or 651-633- 3279) for everything else. Don't. Feed The Deer that Hang Around Your Yard Okay, sometimes they are.cute and gentle, but those deer are also wild animals. The Minnesota Department of Natural Resources has feeding and. attractant bans on place across the state to prevent concentrations of wild deer in areas With a higher risk of disease. This includes Ramsey County. These bans are precautionary steps the D N R took deer that tested. positive for chronic wasting disease (CWD) were found in both..wild and on deer farms. Feeding bans encompass wider areas because. food sources can concentrate deer and allow fortlose contact --one of the mechanisms for CWD. Deer feeding includes placement or distribution of grains, fruits; vegetables, hay and other food capable.of attracting deer. Deer attracts. are natural or manufactured products #hat are capable of attracting orehticing deer, including salt or food. scents. People who feed birds an.d small mammals must do so in a mariner that.prevents deer access, such as placing food at least six feet above bround level. Food placed as a result of normal agricultural practices is generally exemptfrom the feeding ban, For more information go to: www.dnr.state. mn.uslcwdlfeedban. htmI city News Seal Coating of Roads Streets in Gem Lake are getting a seal coat this summer as part of our overall street maintenance plan, The target start date i. July 17 and. the target completion date is August 1.8, subject to weather .delays, of course.. .By proactively treating road surface with sealcoat (an. oil and rock application) on regularly scheduled intervals. (3-5 years), .a street's useful life can be extended. This recommendation by our Public Works experts at White Bear Township is based on current road research. Temporary no. parking signs will be. posted at least .24 hours before operations begin. Included. in this project are. Summit Farm Lane, Big Fox Road, Little Fox Road, Haven Lane, Scheuneman Road (North and South) and Hoffman Road. Prevent Spring .Flooding -Check Your Culverts Because Gem Lake.does not have an extensive stormwater system, we rely on other ways to.. make sure water flows properly in our city. Most of our roads lack curbs and gutters and we have a lot of driveway culverts. In most cases, the care and maintenance, of the culverts are the homeowner's responsibility. First, what is a culvert? It is a ditch that runs along or under a road. or a driveway. Keeping an eye on that culvert is really important: When they aren't maintained, they can cause problems .that can cause havoc on roads and driveways nearby. Over time, those culverts get clogged up with twigs, leaves, weeds, grass clippings, you name it. It is sometimes called "yard lint." It is going to build up, :but. it is important to make. sure.the culvert doesn't get plugged up with all this stuff. The general rule of thumb is to make sure that yard lint doesn't reduce water flow in your culvert more than 2n°Ia. I.t's time to take a look at your driveway'culvert, if you can see it through all the snow, Once the melt starts in June or July, will water be able to flow through it? It might be as simple as raking it out a bit when the culvert is finally more accessible. If things are really clogged and no maintenance has been done for years, more extensive work might be needed. Several years. ago,.during the winter of 2018- 2019, there was. also an unusually heavy snowfall. This event clashed with several very clogged culverts in one area of the city. As. a result, it complicated the spring snow melt and resulted in flooding.issues. Be a good neighbor and just go check that culvert when you can. It isn't glamorous. It isn't even fun; but it's needed. charitahleGamhling Donations A donation of $1500 was approved. by the. Gem Lake: City Council in March to be given to the, White Bear Area Food .Shelf. This donation comes from charitable gamblingreceipts. that result from pull -tab and bingo saies.within city limits, Gem Lake Has a Facehook Page Acting City Clerk Melissa Lawrence has designed and published a Facebook page for the City of Gem Lake -The address is: www.facebook.comiCityofGemLake MN The Facebook pages focuses.. primarily on special announcements and news items, events, etc. It.is intended to compliment rather than replace.the city web -site. Please check it out and "like" and "follow" the page,. We are also looking for a few .appropriate Gem Lake photos. Your feedback is welcome! Two Noteworthy souls Leave vs Two very :noteworth y people who had an impact on Gem Lake... One was a: long-time resident who served on the Gem Lake City Council, another was an irndividual who worked at a Gem Lake business for over.66 years. Dick.Garner White Bear Floral recently lost a beloved member of their .team: with the .passing of Richard "Dick" Garner: Dick: started. his career with the floral shop when they were. looking. for help in 1958. In his 65-year career there, Dick did literally everything, rarely missed a day of work and helped build the shop into what it is today, according to owner John Birkeland.. He was still working every day.almost until the day he died at age 86.. Dick was born. in 1936 and grew up on a farm in the White Bear area. He was the oldest of nine children. Dick began working at the age of 14 for Gem Lake's first mayor,. Henry Hoffman; doing .construction work, When he began ills job at White Bear Floral, he became a much needed 'jack -of -al ktrades. " Dick did everything from flocking Christmas trees,.. starting bedding plants, making holiday wreaths, waiting on customers, and taking. charge of "back -roam operations." He loved to work and almost never deviated from his full work -day. This February, he apologized profusely for missing out on some of the Valentine's Day work. Few realized how ill he was. According to John. Birkeland, "Dick was a godsend. Just what. we needed at: the time. Along with my Mom and Dad. and.my Aunt Esther, he helped to build the operation into .what you see around yo.u. today. He was a fixtuee,. a teacher, and .such a hard worker.' Dick died of natural. causes. on February 17. He is. survived by a son and two daughters,:as well as two brothers and two sisters, nine nieces. and nephews, three grandchildren, three. great grandchildren and many friends. A very well attended .Celebration of Life was held.in his honor:at White. Bear Floral. He will be greatly missed. David Kenneth Garner David Gardner was a resident of Gem Lake for decades and. also had a home. in Tucson, Arizona,. where he spent most winters in recent years. David was born in 1940 in Huron, South Dakota and graduated from Harvard College in 1962. He was known as a brilliant. man and enjoyed a 31 year career in Institutional Equity 5aiesfor Merrill Lynch, where he demonstrated a passion for financial investments. He was also }mown as an avid outdoorsman and lover of nature. He enjoyed roaming the outdoors..with his beloved dogs. He had an innate Curiosity and was..a student of everything, according to friend ,and former Gem Lake. city clerk, Fritz. Magnuson. "I am proud to have had him as. a friend.' David was the chairman of Gem Lake's Planning Commission in the 1990's. He came in. after Judson Bemis; and before Jack Hoeschler, both of whom also chaired the Planning Commission, according. to Fritz. Fle.provided much.needed guidance on beginning to plan for future growth. ❑ick.passed away fast September and is survived by his wife of 61 years., Leslie Gardner, as well as a son and. daughter and. two..grandchildren.. Neighbors rernerr ber him as a warm and wonderful. person, full of interesting knowledge and a. love of nature. The City of Gem take PHONE: {651)747-2790 FA;x: {651) 147-27.95 City Hall Address:: 4200 Otter Lake Road Genf Lake, MN 55110 GENERAL E-MAIL: Citya,gemlakemn.org NEWSLETTER E-MAIL: retch�9- swomley@gernlakemn. bra Thisnewsletter is also posted. .on the. city's web4i:e under the "Documents" section and the "News and Updates" section. www,gemlakemn.arg After Hours Public Works Emergency Number: 651-755-9$28 (For water main breaks, main city sewer back up, collapse of manhoile, .etd. Or. call 911) CITY OF GEM LAKE 4240 Otter Lake Road Gem Lake, MN 55110 Meetings: May and June The following Gem Lake May 9, 2023 meeting will be held in the Planning Commission rho.nths of May and June. Meeting at TOO p.m.. All meetings are held at Heritage Hall unless May 16, 2023 indicated, City Council Meeting at. 7'40 p.m. May 8, 2023 June 12, 2023 City Council Workshop at City Council Workshop at 7:00 p.m. Cancelled TOO p.m. Your Gem take City Council Gretchen Artig Swomley-Mayor Email....gretchen.art.ig- .Swomley@gemlakemn.org City Council. Members: Laurel Amlee Email: laurel,hynes- am lee@gem lakern n.:org Len Ca.cioppo Email; len..cacioppo @gemlakemn.mg Ben Johnson Email: ben.johnson .@gemlaketmn.org Jim Lindner Email: jim.lindner @gemlakemn.org: June 13,1023 Planning Commission Meeting at 7:00 p.m. June 20, 2023 City Council Meeting at . 7.00 p.m. See also the Gem Lake web -site for more information. You can.also reach each city council member by calling 651-7147 2790. After hours you can follow the prompts for the city council directory. BiaT7Y McCdLLUM 242E Rar•,u�i Haw, GrFice BUiiuiw WAW,parcam, D.C. 20515 W?} 275-5631 Fax: (242)225=1968 6G1 LAULtSongE�•. Surr 110 $xrrr PAQ Mir 53114 (651 ) 224,9191 Ri=11UM hcuse goy Dear Mayor Artig-Swo m ley, :n _4 V UNrrED STAm' s Heusi': of R1:PRtI:SI'h''rN['jws April 11, 2023 OCIM tIT76E ON APPROPFIIAT16NS RhPOW i3tva[q am Fi«,c7;xrRrry:rs PtKv+h=kf $Ei.€Cr Gex#rnee t�irCna:a E.�:ni•w; C:oor,rr,5�oq l tir t. Aw391 m CAi,c,4 Thank you for sharing your proposal for the City :of Gem Lake's Municipal Water Supply Project .with my office for Commun'ity Project Funding in the Fiscal Year 2024 House of Re presentatives:Appropriations cycle. It is my pleasure to inform you that your project has been selected to advance to the next stage of the Appropriations process. Under the: rules designated by the Republican Majority on the House: AppropNations Committee; each: Member of the U.S. House of Representatives was limited. to nominating 15 projects for funding this year: Selecting amongst the manyworthwhile projects proposed to: benefit Minnesvta.'s Fourth District was extremely difficult. This year, my office nominated projects that appear to have the highest probability of being:chosen for: funding by the .Cornmittee based.on the criteria outlined by the Republican Majority. Republicans imposed many additional. restrictions on the. accounts. and types of projects that were eligible for funding. Regrettably,.a number of`the submissions that my office received this year were unable.to advance because they.did not meet these narrower categories. Projects that have been selected are. those most closely aligned. with the purpose of the accounts. available, those with strong demonstration of comiaunitysupport, and those best able.to immediately utilize funds. Descriptions and disclosures for the 15 nominations for Community Project Funding in Fiscal Year 2024 can be found on. my Appropriations Requests webpage: httOt:HmctolIuM.hotise.gov/hetpingT_VoO/` appropriations -req u estsla ppYygriat inns-cori'i rn u n ity-pro ieet- funding-requests Please note that these nominations are not a Lruarantee of funding; nominated projects from all Members.mustbe- reviewed by the Appropriations Committee, and there.will be.significant.competition for the limited dollars available for Community Project Funding. My staff will be in touch with you throughout the process to keep you informed about. the status of your nomination and remaining steps. Congratulations:oh.advancing to the next level in this process, and thank you for the. work you are doing and have envisioned in. .your project submission to improve Minnesota's Fourth District and the lives of those who call it home: Sincerely, Betty McCollum Mern ber of Congress Zoning Request Application City of Gem Lake, Minnesota - 4200 Otter Lake Road, Gein LaIce, MN 551.10 _ 651747-2M/92 —'fax 651..747-2795 citvftexntakemn,org Applicant; a. .f Lhe (1 56ACJ ) Address: �. V'lY,i II? Phone/cell: emaii: M of rn't2: Q u,�nn-i S _,n r-- Property Owner; .Address: City/Scat-/zip: Legal Description or PIN #: I. Street address: j Current Zqz z-ig: ? Current Use: Proposed Use: *�, r k]2e of.Reguest:: ❑ Application for.Rezoning Application for.Zoiiing Amendment ❑ Application for Conditional Use Permit Application for Variance ❑ Planned United Development �PUD) Description_ _of_Recuest: Reason for Request:: t ` oor N 000�a �'O.�rn , ¢q' f Previous Requests (To be filled out by :the City of Gem Lake); Has. a. request for zoi iog consideration for this property been. previous considered? ❑ Yes 'V7/]l No Tf.yes, what date; Was the request for zoning consideration for this property approved? ❑ Ye" 1 No If yes, what date: Has any request- for zoning consideration fox. this property o:-omer :been previously. considered? ❑ Yes No If yes, what date: Was the.requestfor zonirig consideration of this property owner approved? ❑ Yes Iia r�If yes, what.date: Note: This application may require additional documentation to. be considered. complete. Once all documentation has been received;. the City will decide on this. matter within sixty (60) days. In the event the matter is very complicated and, will. require. substantial discussionand. evaluation by more than: one personor body, the -city may request that you. waive the. sixty (60): day day .decision period to avoid unnecessary denial of your application. 1112 Applicant Signature Date. For office use.ordy: E] fee .paid Zoning Admirdstrator.Approval: -yes: Signature and date No: Signature and date" Comments: Date Application.Complete: (60 day rule.compIimve) Zoning Request Application 6 2016 Mo.. NT ES k.., Zoning Request Application continued: We also request that we lower the requirement of impervious surface or building coverage. Our existing requirement is that the total lot coverage of current and proposed structures cannot exceed 15% of the total. lot area, and that 25% of the lot area shall be open green space. Our current building is. takes about 10% of the property: We would like to increase that to 30%, We would like to lower the 25% of open greert space to 20% should thie need to increase our parking lot be'requimcl. Marnie McPherson — Head of School 1201 East County Road E. White Bear Lake, MN 55110 www.wbms.org 1551-429-3710 I TKDA Memorandum To: Gem Lake City Council Reference: WBMS Zoning Ordinance Amendment Copies To: Marnie McPherson, Applicant Melissa Lawrence, Administrative Assistant Project No.: 20459.000 From: Evan Monson, Planner Routing: Date: April 12, 2023 SUBJECT: An amendment request of Section 15 of the Consolidated Land Use Ordinance; increasing the maximum enrollment from 120 students to 182, and amending the structure coverage and green space requirements of the Institutional Overlay Zone MEETING DATE: April 12, 2023 APPLICANTIOWNER: Marnie McPherson, Head of School — White Bear Montessori School REVIEW PERIOD: 60 day review period ends May 21, 2023 ITEMS REVIEWED: Application, plans, and payment received by City on March 22, 2023 DESCRIPTION OF THE REQUEST The White Sear Montessori School (WBMS) operates at 1201 County Road E East, at the southwest corner of the city. The parcel is zoned Executive Residential (RX), and is also identified as being within the Institutional Overlay zone (the 2017 zoning map refers to the Institutional Overlay as a 'Conditional Use Institutional'). The Consolidated Land Use Ordinance states in Section 15.1 that the purpose of the Institutional Overlay is for permitting uses that serve the public, and that are providing uses on a non- profit basis. Section 15.2 lists 'religious institutions' and `private child care and education facilities' as uses that are permitted within the zone, Sections 15.3 and 15.4 lists accessory and conditional/interim uses permitted in the overlay. The overlay zone establishes limitations on uses within the zone. WBMS would be considered as a private child care and education facilities' use in the ordinance. WBMS is considering improvements to their facility, and is requesting changes to the ordinance that would allow for an increase in students, as well as potential expansion of their existing facilities. The requested increase in students would be to establish a new maximum of 182. The applicant has also requested allowing structures on the site to occupy up to 30% of a lot in the Institutional Overlay, and that the minimum amount of green space on a lot in the Institutional Overlay be reduced from 25% of the lot to 20%. Requests to amend the Consolidated Land Use Ordinance are reviewed by the Planning Commission, and approved or denied by the City Council. The Planning Commission reviewed the request at their April 11 meeting, and recommended approval of the ordinance amendment request. TKDA'1� 1444 Cedar Street Suite 1500 i Saint Paul, MN 55101 651.292,4400 - tkda.corn An employee -owned company promoting affirmative action and equal opportunity. Zoning:Crdinance Amendment -Staff Report April 18; 2023 Gem Lake City Council Page 2 EVAULATION OF THE REQUEST Consolidated Land Use Ordinance Requirements Current requirements As.noted previously, Section 15.covers the Institutional Overlay zoning.district. Section 15.2..2 lists the requirements for uses such as the WBMS; Section 15.5 covers the lot requirements for parcel within the Overlay. The table below summarizes the current standards, as well as the amendments requested/proposed by the: applicant,. There is. also a copy of the current ordinance text with redlines of the proposed text included after this: report, for further reference.. Table I: Current and Proposed Standards for Section 95 Ordinance Section Current Proposed Section 15.2.2(B) "total enrollment. of not less than 25 nor more than 15.0" "A maximum of one hundred Section 1.5.Z2(C) twenty (120.) "full -day. equivalent" students" The. applicant proposes a new "The "full -day equivalent" shall be calculated by adding -together maximum of 182 students the total number of students Section 15.2.2 .(D) present during each hour of the "full -day" of :school. This total shall not exceed. 1;2.00, which is 120 students times 10 hours." "The total lot coverage .of all The applicant has proposed Section 15.6.1 buildings and other structures increasing the maximum coverage shall not exceed 15W for buildings and structures on the lot frorn 15% to 30% "The.minimum open space requirement for any proposed use shall be 25%, including The applicant proposes to reduce Section 15;6,2. green areas not covered. by the minimum open space buildings, parking lots, access e a requirement from. 25/o to Ia roads,. storage areas or other areascovered by impervious surfaces" The increase in the number of students would require revising the language of Sections 15.2.2(B), (C), and. (D). 15.2.2(13) sets an overall enrollment. limit of 1.50, while 15.2.2(C). sets the. maximum number of `full day students.' at 120. 15.2.2(D).defines a `full day student', which references the 120 amount, The applicant's request is for a maximum of .182 students; a redlined copy of the.current ordinances with the proposed increase is included .as an attachment for the cor imissioners to .consider. The Institutional Overlay is unique in that in addition to setback requirements it sets specific limits on the lot coverage for structures, and sets :a minimum amount of .open space. thatis to be provided on a lot within the overlay. The WBMS: parcel, if they were to add or expand their current building; would likely. be unable to adhere :the current standards. found in Section 15.6.1 and 15.6:2. In lieu. of requesting a i Zoning Ordinance Amendment Staff Report April 18, 2023 Gem Lake City Council Page 3 variance from Section 15.6.1 and 15.6.2 if they pursue an expansion in the future, the applicant is looking to amend the ordinance. This would allow them the opportunity to consider, plan, and design any possible changes to their facilities without adding the unknown outcome of a variance request into the mix. Any proposed addition on the parcel still would have to adhere to the Consolidated Land Use Ordinance, as well as the other rules and requirements of the city. Figure 1: Aerial of WBMS property, per=i'amsey County G15 Amendment Process The Consolidated Land Use Ordinance outlines the process and procedure for amendments. 17.6.4 outlines the Planning Commission's review of potential amendments, with 17.6.4(A) noting that requests should meet one or more of the following conditions: 1} A mistake has been made in the original zoning which was inconsistent with the Comprehensive Municipal Plan adopted by the City which should now be corrected; or 2) Substantial changes have occurred within the City since the adoption of the Comprehensive Municipal Plan which changes should result in an amendment of both the zoning and the Comprehensive Municipal Plan; or 3) There shall exist a clear public need for a benefit to be derived from the proposed zoning which shall be greater than any benefit or convenience of the property owners. 7 Zoning Ordinance Amendment Staff Report Apri1.98, 2023 Gem Lake City Council Page 4 4} Beyond a public need being. evident, theapplication shall show that the public interest would be best served by rezoning the property in .question and that the property in question is the best qualified to serve said public.need; or 5) In the case -of "down. zoning" which would diminish the intensity of the current use to a less intensive use; the proposed zoning shall allow the property owners at reasonable use.of their property under the terms of this ordinance as. well as serve the public interest. The applicant's request is not related to -a request to change the Comprehensive. Plan, so condition. 2 would not apply. The request is not.a:change in zoning designation. Rezoning}, so condition 4 does not apply either. Condition.5 does not apply, as the request is not a 'downzoning'. The Comprehensive Plan includes goals for a 'high -quality man made environment for new and. redevelopment.pro;ects (Chapter Four), -as wail as policies regarding having high 'Aesthetic considerations for new and existing construction' through the io.ning ordinance,. but: ensuring standards do n.ot.'be so restrictive that they stifle the creativity and individuality of planners and designers, or place an unreasonable financial burden on the property owner' (Chapter Five). These. proposed amendments by the applicantcould be considered making thecity's zoning consistent with meeting the goals and policies. of. the Comprehensive Plan relating to standards and quality of development,.and thus would satisfy condition 1. The City Council should consider the potential impacts and consequences of the proposed:ainenclinentr we how the request. may impact the character.and development of :certain neighborhoods, haw the request may impact other requirements, and how the request fits with the Comprehensive Plan. Section I. 7.0:4(8) includes the. following .criteria for the: Planning Commission and City Council to consider to help in review of amendment requests: 1 } Adjacent Uses 2) Air and Water Quality 3} Traffic Generations 4). Public Safety and Health 5} Area Aesthetics. s} Economic impact on Then Entire Area 7} Consistency with the Comprehensive Municipal Plan Ordinance Amendment Criteria Below is the.: Planner's findings in regards to the: criteria for this request, with the :criteria in italics. The Council should discuss the criteria for amending the ordinance; and what findings .there are :foreach, The findings for the criteria.can serve.as the basis for a recommendation to approve or deny the request. The Planning Commissioners concurred with the findings as presented by the Planner. Conditions for zoning amendments, per Section 17.6.4(A): • A mistake. has been made in the original zoning which was. inconsistent with the Comprehensive Municipal Plan adopted by the City which should now be corrected. The zoning ordinances for the city should always be reviewed for consistency with the goals.and policies of the. Comprehensive Plan,. as the zoning ordinance is one of the: primary tools used to implement the Plan. The recently adopted 2040 Plan identifies that the .city only has one institutional use, WBMS, which would not change as a part of the requested amendment. The 2040 Plan discusses goals relating to new and redevelopment of land, ensuring that development is held to a High standard, but not too high. of a standard to prohibit creative use and development of land. The proposed changes would appear to allow for changes to occur to the WBMS while still including performance standards that result in high -quality aesthetics and design. Zoning Ordinance Amendment Staff Report: April 18,.2023 Gem Lake City. Council Page 5 Criteria for review.of impact, per Section 17.6.4(B);. • Adjacent Uses The city only hasone parcel in the Institutional Overlay. No other parcels are designated as such in the future:land use map, so new institutional uses: are not expected. The current parcel in the. overlay zone abuts two parcels, that are residential in use, and.is kitty-corner from another. The development to the south and west are commercial and are located. outside of the city's jurisdiction.. The Consolidated Land Use ordinance would limit the. amount and intensity of expansion on the parcel, even with the proposed amendments. Setbacks, lot coverage limits, and land.scapinglbuffering.would still be required to.separate neighboring residential parcels.from activity on the 1WBMS parcel.. • Air and Water Qualify The proposed. amendment could allow for potential expansion of the 1WBMS. Any expansion would be reviewed for compliance with the city's regulations, as well as;th:oseof other agencies.. • Traffic Generations Expanded student. counts could. result in an uptick of -traffic. in and out -of the:site. An.y expansion would have to study the potential impacts, and will trigger review of the site's connection with adjacent roads during the zoning and building permit review process. The site abuts two County roads -- Labore Road and County Road: E. if there: are concerns with the. connection of the. site to adjacent roads, the council members may want to discuss changes to the requested amendment, such as a lower student maximum,.or allowing an increase in students as a conditional use (which would require approval through a conditional use permit), • Public Safety and Health The proposed. amendments do not appear to impact public safety and health. • Area Aesthetics The 1WBMS site is wooded along each side, blocking the view of the site from neighbors and the roadway. The ordinance requires buffers and landscaping between institutional uses and residential uses, which would still apply if the proposed amendment is approved. • Economic Impact on The Entire..Area The proposed amendment could impact the area through the.increase of jobs at the WBMS, and through. the additional use of the facility by residents and those in nearby communities. e Consistency with the ComprehensiveMunicipal Plan The 2o40 Comprehensive Plan notes that the WBMS: site: is the only institutional. use in the City,. and that no other parcels :are planned to be institutional in use. The proposed amendments would not change the use from intuitional, but would change the intensity of the use on the site. The 2040 Plan discusses weighing high -quality designstandards with allowing the creative use and development of land. The applicant is considering. changes to their facility,. with the proposed amendments allowing them to consider additional changes, such as expanding their offering to mare students. It would: appear the amendments are. consistent with the current Comprehensive Plan... 7 Zoning Ordinance. Arhendment Staff Report April 18, 2023 Gem Lake City Council Page 6 OPTIONS The City Council should review the criteria :for the request, and determine if here. are findings to support approval or denial. The .Council has the following. options for this request. 1. Approve the request,. with or without changes 2. Deny the request, with findings for denial 3. Table -for further review/study RECOMMENDATION The. Planning Commission recommended approval of. the .ordinance amendment: A rediined document. and an ordinance draft showing the proposed changes in the.current Consolidated Land Use Ordinance is included. Attachments:. Rediined ordinance with proposed amendments (Page 7 of Staff Report) +. 2017 Gem. Lake Zoning Map • Ordinance No.—.- Amendment to Section 15.of the Consolidated Land Use Ordinance I Zoning Ordinance Amendment Staff Report April 18, 2023 Gem Lake City Council Page 7 Section 15.2 Permitted Uses. Subject to applicable provisions of this Ordinance, the following are permitted uses in an Institutional Overlay District: 15.2.1 Religious institutions such as churches, chapels, temples and synagogues, but with activities limited to worship and related social activities. 15.2.2 Private Child Care and Education facilities as defined in the definitions section of this Ordinance, but with activities limited to school/educational activities. A) An enrollment with an age not to exceed twelve (12) years: B) A total enrollment of not less than twenty-five (25) nor more than one hundred eighty' twn (i82); C) A maximum of one -hundred tweiiev (I 2(eighty two (192) "full -day equivalent" students with a full -day* defined as ten (10) hours. D) The "full -day equivalent" shall be calculated by adding together the total number of students present during each hour of the "full -day" of school. This total shall not exceed 1,820, which is 42-9-182 students times 10 hours. Section 15.6 Lot Coverage and Height Requirements. The following lot coverage and height requirements shall be observed in the Institutional Overlay district. 15.6.1 The total lot coverage of all buildings and other structures shall not exceed ftFteen thirty {t 4 percent. 15.6.2 The minimum open space requirement for any proposed use shall be twenty-kv-e{ ' (?(1" percent, including green areas not covered by buildings, parking lots, access roads, storage areas or other areas covered by impervious surfaces. 15.6.3 No building structure shall exceed thirty-five (35') feet in height. 15.6.4 No accessory structure shall exceed two (2) stories or twenty-five (25) feet in height, whatever is lesser and no accessory structure any part of which is within three -hundred (300') feet of an "R" district or a roadway bordering an "R" district shall exceed fifteen (15`j feet in height. 7 ORDINANCE NO.. CITY OF GEM LAKE RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 15 OF THE CONSOLIDATED LAND USE ORDINANCE, REGARDING THE INSTITUTIONAL OVERLAY ZONE The Geri Lake City Council hereby ordains:: Section 1. The Consolidated Land Use Ordinance of Gem Lake (Ordinance No. 13:1), Section 15.2.2, shall be amended to read the following:. 15.2.2. Private Child. Care and Education. facilities as defined in the definitions section of this Ordinance, but with activities Iirnited to school/educational activities: A) An -enrol Iment with. an age not to exceed .twelve (12) years: B) A total enrollment of not. less than twenty-five.(25) nor more than one hundred eighty two (1822)-, C) A maximum of one -hundred eighty two (182) "full -day equivalent" students with a full -days` defined as ten (10) hours. D) Thee "full -day equivalent" .shall becalculated. by adding together the .total. number of students present during each hour of the "fall -day" of school. This total shall not exceed 1,820, which is:.182 students times 10 ]lours. section 2: The Consolidated Land Use Ordinance of Gem. Lake (Ordinance No. 131.), Section 1.5.6, shall be amended to read the following: Section 15.6 Lot Coverage and Height Requirements. The following Iot coverage and height requirements shall be observed in the Institutional Overlay district. 15.6.1.. The total lot. coverage of all. buildings. and other structures shall not exceed thirty (30%) percent. 15.6.2 The. minimum open space. requirement for any proposed use shall be twenty (H%) percent, including green areas not covered by buildings, parking 1ots, access roads., storage areas or other areas covered by impervious surfaces. I5:6..3 No building structure shall exceed thirty-five (35') feet in height. Ordinance No. Page.] of 2 15.6.4 No accessory structure shall exceed two (2) stories or twenty-five (25') feet in height, whatever is lesser and no. -accessory structure any part of which is within .:three -hundred .(300.) feet of an "R district or a roadway bordering an "R" district shall exceed fifteen 0..5') feet in height. Section 3.. This ordinance shall be in full farce and effect .upon its. adoption and publication. according to law. Passed and adopted.by the. Gem Lake City Council this 186 day of April, 2023. CITY OF GEM LAKE BY: Gretchen Artig-Swomley; Mayor ATTEST: Melissa Lawrence, Acting City Clerk OrdinanceNo. Page 2 of 2 CITY OF GEM .LAKE Heritage Hall 4200 fter Lake. Road I Gerd Lake; MN.55'110 1 z - 651 -747-2790192.1 651-747-2795 (fax) Eaxiail citV&emlakenin.om, March 6, 2023 Jeff Tschetter 4707 Highway 61 suite. 121 White. Sear Lake,.MN 551..1.6 RE: 3930 Scheuneman Road Gem Lake MN 55110 Dear Mr. Tschetter: After an extensive..investigation the City of Gem. Lake. liar determined. your property located at:.3.930 Schueneman Road in Geiri Lake -to be it! violat.ion :of City Ordinance No.134 Section 4 home based business operation. The following -corrective action shall be taken by .March .20, .2023:.:Removal. of all_vehicles from the property associated with Toro Vehicle Sharing business operations. Cease and desist all automobile maintenance and repair of all vehicles associated With business operations.. Your property is also determined to be in a nuisance condition in violation of Gem .Lake City Ordinance No. 86, Section 5.. item 10, the storing/.parking of wrecked or junk vehicles and the storage ofjunk-and debris is prohibited. The followingcorrective action shall be taken .by April. 9; N23. Removal of all excessive pallet storage, .inoperable vehicles. and. al dilapidated personnel property From the: premises. Gem Lake City:Ordinanee. No. 83.Section 10-9 provide the Gem Lake. City Council with a -mechanism to revoke or suspend your rental dwelling license for the properties found to be.in violation ofCity Ordinance. Failure to comply with all Gem Lake City Ordinance and requests wili cause the City to hold a public meeting to consider revocation and or suspension of your recital dwelling license. Respectfully., Mike Johnson Building Official CITY OF GEM LAKE Heritage Hall 4200.Otter Lake Road I Gem Lake, MN 55110 65 1 -747-2790/92 f 651-747-2795 (fax) E-mail.city.c gemFalcernn.car March 6, 2023 Jeremy Charles. 3930 scheLinernan Road Gem Lake, MN 55.110 RE: 3930. SChouueman Road Gem Lake MN 55.II0 Dear Mr. Jeremy Charles: .After an extensive investigation the C:ity.of Gom .Lake has. determined your property located at 3930 Schueneman Road in Gem Lake. fo be. in violation of City Ordinance No.1.34 Section 4 home based busi ness. operati on. I'he following corrective action 'shalI be taken by March 20., 2023. R.einoval of all vehicles from the property associated with "Puro Vehicle Sharing.business operations: Cease and desist all autamobile anaintenance. and repair .of all. vehicles.: associated witli business operations. Your property .is also determined to be .in a nuisance condition in violation of Gem Lake City Ordinance No. 86, Section 5, item 10, the storing/parking of wrecked or jLink vehicles and. the storage of junk and debris is prohibited: The following. corrective action shall be taken by April .9, 2023..Removal of all excessive pallet storage; inoperable. vehicles and all dilapidated personnel property from the premises. Gen Lake City Ordinance No. 83 Sect'i.on 1.079 provide the.Gein Lake. City Council with a mechanism to revoke or suspend your rental dwelling Iicense for the properties found. to.be.in violation of City Ordinance. Failure to compty with. all Gein Lake City Ordinance: and requests will cause the City to hold a public meeting. to consider revocation and.or suspension of your rental.dwel ling license. Respectfully, Mike: Johnson Building Official CITY OF GEM LAKE Heritage Iiall 4200 Otter Lake Road 1 Gem Lake; MN 55110 65 l-77-2794792 65.1-747-2795 {fax} mm li E-mail city({i),gemlakenih. erg April.5, 2023 Jeff Tschetter 4101 Highway.0 1 suite 121 White: Bear Lake., MN 551 IQ RE: .3930 Scheuneman Road G.em Lake MN 55I.10 Dear Mr. Tschetter: I am writing to inform you that the City of Gem Lake':s City Council will be: discussing.the .rental license that you have for your property in Germ Lake at 3930 Scheunernan.Road during the Tuesday, April IS",. 2023 City Council Meeting being held at.Heritage .Hall, 4200 Otter Lake Road beginning at.7:00 p.m. At. the: April meeting, the. City Council will be reviewipg any progress. that has been rnad.e or not been made on corrective actions based on:our Building. Officials directions given to you by the. dates listed. The next steps are going to be determined on the progress at resolving issues. This .is not a public:hearing, only a discussion but a public hearing may be -equested for the May I6"'., 2023 City Council .meeting to discuss the property more in depth and to take action if needed. You are invited to: attend the City Council meetinb scheduled. for Tuesday, April 1:8`l', 20.23. If you have any questions before this meeting regarding this letter you can reach me at 651.-747-2790 or via email at: tnelissa.lawrence c genilakemn.or�7..I can be reached Monday -Thursday between the hours. of 8:00 a.m. — 3:00 p.m.: Respectful ly, Melissa Lawrence Administrative Assistant — Acting City Clerk CITY OF GEM LAKE F.Jeritage.l=lall 4200 Otter Lake Road 1 Gem Lake, MN 551.10 6.51-747-2790192 1 651-747-2795 (fax) _ Email city C� mlakeinn.or�_> April: 5., 20.23 Jeremy Charles 3930 5eheuneman Road Gm Lake, MN 55110 RE: 3930 Scheuneman Road Gem Lake MN 55110 Dear Mr. Jeremy Charles: I am writing to infornn.you that the City of.Gem.Lake's. City Council wilt b.e.discussing the reival license for the property you rent in Gem .Lake at 3930 Sclieuneman Road during the Tuesday, April 18'h; .2023 City Council Meeting being held at Heritage Hall, 4200 Otter Lake Road beginning at:7:0p p,m. At the ApriI meeting,.the City Council will be reviewing any progress that has been made or not been made on corrective.. actions .based oil Or Ruilding.OfficWs.directions given to you by the dates. listed. The next steps are going.to be determitied. on the progress at resolving issues. This is not a pubic hearing, only a discussion, kit a public h.earing.may .be. tegiiested for the May. 16111, 2023 City Council meeting to discuss the property more in depth. and to take action if needed. You are invited to attend the City .Council meeting.sclieduled for Tuesday, April 18"', 2023. if you: have.arty questions before this meeting regarding this letter you Carr reach me at 65 i-.747 279E or via email at me] issa.lawrence Ugen7iak.emn:org. I can ,be reached Monday Thursday between the hours Of 8:00 a.m. — 3:00 p.m. Respectfully; Melissa Lawrence Administrative Assistant —.Acting. -City Clerk. MEMORANDUM Date: April 17, 2023 To: Gem Lake City Council From: Dale Reed, Public Works Director Re: 2023 Sealcoat Project Acceptance of Quotes and Quote Award of 2023 Sealcoat Project. As part of the.City's infrastructure management program, the City provides funding for sealcoating of the streets. By proactively treating the road surface with sealcoat (an oil and.rock: application) on a regularly sche.dWed intervals (3 to 5 years), the street's useful life can be extended. This recommendation is based upon.current research, using a .surface treatment sooner rather than later,. like sealcoat, prolongs the pavement life. The shortened interval for the application of sealcoat protects the. asphalt from Ultraviolent (UV) .Rays from degrading the asphalt surface, thus shortening its life. cycle. The timing for the sealcoat of these streets is giving the stakeholders the: greatest return on investment (RO1), Ultimately increasing the life of the road by providing the right surface maintenance treatment at the. right time. This year's project includes the fallowing street segments: Summit Lane Farm, Big Fox: Road, Little Fox Road, Haven Lane, Scheuneman Road (both North and South), and Hoffman Road. Quote requests were sent to Allied Blacktopping Company, Pearson Brothers, and T.A. Schifsky. Quotes were received from Allied Blacktop Company Inc. and Pearson Brothers [no., with no response, to date, from T.A. Schifsky (see attached bid tab), Public Works staff is recommending that this. year's sealcoat project be awarded to Allied Blacktop Company Inc. for $63,500.06. The Public Works Director's estimated cost for this year's sea ]coat project was $75,000.00. Staff is recommending award to Allied Blacktop Company Inc. for a total of $63,500.06. Action. requested is to accept the quotes and award the 2023 Sealcoat quote to Allied Blacktop Company Inc. for $63,500.06. 2023 Street Sealcoating Program PW SM 23-01 FOR WHICH BIDS WERE OPENED AT WHITE BEAR. TOWNSHIP Administrative Building ON February 16, 2.023 r�..10 a.m.. Contractor Proposal Guaranty .Bid Amount Allied Blacktop Company Yes. Pearson Brothers, Inc. Yes $66,452.20 Astech No .Bid Fahrner. Asphalt, Inc. No Bid City of Gern Lake 2023.,5ealcoat Quote: A lied Blacktopping Company Street Section Square Yards. Quote by Street Section Summit Farm Lane 4,573 (� Big Fox Road Little Fox Road 3,20 Haven Lane 1,900. Scheuneman Road (North) 12,850 (a,� Scheuneman Road (South) i 5;6841 Hoffman Road................._....._................3,567i ...... : Ia I _.._._........._ ._....-,................__.-- s Total Quote — - -- ........ ....... .._ ._ 5741 Notes: �-- ---- ____.._...__. _w_.......__..__.. -..__ -- BituminO"U—S3ateriaf.{CR5-2] Ci. A, FA-2 Aggregate ........_ _. -2 Agg ega_..__.._.._......µ__..._._............._._..._...._.__ .. _ _� _ ._m _ _ �___ .._ .. ..?_ ..._..n........---.--- Sweeping and disposa1.of excess aggregate shall be completed within.2 weeks ----- ..._....__. Traffic Control is considered incidental to the work ----..._._...........:...........:..._.._ ........_.........__..._...__..._...._._..... _u_..._.___......_.__...._.-__.._..._..._.._ ..._........_.. ..._.__....____ The target start date is July 17 with completion by August 18, 2023 Temporary "No Parking" .signs shall be posted at least 24 hours before operations begin. Contractor shall provide 48: hour notice of start date. __._.w_.........__.._.._..._......_ __ ___ City of Gem Lake 2023 Sealcoat quote Pearson Brothers Street Section Square Yards Quote by Street Section _`- Summit Farm .Lane 4;573. Fox Road � 5;80.Q, 8,195.67_ .10,3$2.00 _big _ T. Little Fox Road 3,2001 5,728.00 Haven Lane�...�_ 1;900., 3,401.00 5cheuneman Road (North] 12,850. 23,001.50 5cheuneman Road (South)T 5,6841 Hoffman Road .3,567 �10,174.36 6.,384.93: dotal Quote..—._.._.._..........._W_____.�.......�37;574 m_._...__..._...._..._.___.._�..�...._.�...57;257.5 Notes:.-_..�....�....___.._____.___.__.�__._ -Bituminous.Materiai (CRS=2) Cl: A, FA-2 Aggregate 5weeping:and disposal of excess aggregate shall be completed within .2.weeks.. .Traffic Control.is considered incidental to the work. The: target start date is July 17 with completion by August 18, 2023 Temporary "No Parking" signs shall.be poste.d:at least 24 hours before operations. begin. Contractor shall provide 48 hour notice of start date. All invoices shall be billed to th.e City of Gem. Lake and not White. Bear Township. _ Standard.Certificate of Insurance naming the. City of G.em Lake as an additional insured. Vacker Inc. 948 Sherren St. W. Roseville, MN 55113-4420 US ckri egl e r(,'q7 vacke rsig n.ca m www.vackersign.com Estimate ADDRESS Gem Lake, City of 4200 Otter Lake Rd, White Bear Lake, MN 55110 SHIP TO Gem Lake, City of 4200 Otter Lake Rd, White Bear Lake, MN 55110 OVACKERSIGN S S G N S FOR PARKS AND TRAI L S A ESTIMATE # 4627 DATE 04/04/2023 DATE DESCRIP71ON QTY RATE AMOUNT General theme Semi -custom 18"Hx24"Wx.5" 3 453.00 1,359.00 Scust1824.5HPL Vacker design (G21-1 Pollinators , G21-3 Milkweed, G21-11 Butterfly ID) output in .5" High Pressure Laminate. Panel can be customized to include site specific species images, incidental edits, contact information and agency logos. Frameless Ped Angle Mount Frameless 3 171.00 513.00 Angled-1218 Pedestal for self-supporting sign panel. 12"x18" mount plate and 3"x3"x60" post, 45 degree angle, for in ground installation, black texture powder coat. Two piece aluminum construction. (For 18x24x.5" signs) HPL .5-2436 24"Hx36"Wx.5' High Pressure 2 519.00 1,038.00 Laminate panel with threaded holes, output from Vacker prepared file. Basic -plus sign design Basic -Plus sign design and file 2 450.00 900.00 24x36 preparation services. Prepare custom 24"x36" interpretive sign panel layout with client provided text (pre -edited). High resolution plant species and other images, prairie plant "root depth" illustration acquired or created by Vacker Sign (Sign titles: Native Plants (wild flower species and prairie focus); Prairie Grasses (grass species and prairie focus). Frameless Ped Double Angle Mount Frameless 2 342.00 684.00 RATS::::: ::' DESGRI F.TION Angled-1218 Pedestal for self-supporting sign.. panel consisting of a. set of two: 1 Z" x18" mount plate and 3"xYX60" post, 45 degree angle, for in ground installation,. black texture powder coat, Two piece alurAnum:construction. (For 24x36x.5" signs) Ship BD UPS Aluminum mount packing packing and shipping costs via tips Ship {zone 24x36x.5 HPL Packing and shipping costs city 3-4 via UPS or FedFx Thank you for the.opportunity to provide you with a: proposal. Feel TOTAL free to -get back to me with any questions, to request's revision, or if you'.d like to prbceed with the order. In that case, please sign off arid re turn the proposal or provide an agency purchase order. Thanks again, Carol Kriagier Accepted By Accepted Date QTY.: RATt~ :AMOUNT........... 1 161.00 161.00 1 195:00 195-00 $4,850.00 POLLINATOR GARD Natural allies Flowering plants and pollinators depend on each other For survival. The pollinator gets nectar and the plant gel ailinated plant's color, shape, cent and bloom time attracts polinators that are just right, making for a naturally symbiatic relationship, where both benefit %%1k3t l-iIId, rl I' IIII11-1T+•1'- :1it',C N0tt St! CIII ? Pollinators come in ail shapes and sires - they mn be birds bees, wasps, ants, flies, mowuitoim butterflies, motrn, bats and beetles. "'hat lnak -, these plants it good partix•r ' R�. l r.lord5 n landP y� a tY."oj3 Ber a�or fyflldenrod S�=e ry la�'d "rV afrd �Pacg Sry��s` D [apyl'+gh12c2l. v36- Ix MILKWEED Can you spot these milkweed plants? There are over 100 species of milkweed in North America with many species native to any particular geographic area. if you look, you might spot these particular monarch lavorites. � yf y '�kpi� � �^Hv+ar ra�� Aj`�'iwas u;re�T`ala flow can you help' Monarchs are dependent on milkweed. In the last century, millions of acres of native ecosystems have been severely damaged or lost. .� dramatically reducing milkweed In the landscape_ Consequently, monarch butterfly populations are under threat You can support monarchs by planting milkweed. Planting milkweed is a great way to support other pollinators too. Milkweed is also a great source of nectar for bees and other kinds of butterflies. Y ® Copy qg f 202c. All Rghts Reserved Vackey. Inc. The Ghost OWater Wars Future: S Great Lakes C"ompact And The Freshwater Crisis - Update ,tea C ri The pI,• Environmental Law Group By Jennifer Davy/ August 11, 2021 ENVIRONMENTAL �,.; i w ByJeremy P. Greenhouse Water in the south is abundant; water in the north scarce. if possible, it world be fine to borrow a Iittle.m -- Chairman Mao zedong Half a century after Chairman Mao'reportedly made this comment in 1952, northern China's need for water had become more.critical than ever. Water supplies: in the Northern Plains ---home to over 240 mil Iion:people; including the megacities of Beijing and Tianjin —had reached dangerously unsustainable levels. With 60 percent of the. north's water being. purhPed from groundwater, scientists estimated that'the region's aquifers would dry up.with in 30 years. The water table around Beijing alone was d.roppirig by five meters each year; new wells did not reach groundwater until they were half a mil e.deep.? To address this looming.crisis, China finally acted on Chairman Mao's words, undertaking an infrastructure project ofjaw.d.ropping proportions to a.nn.ualiy move 12 trillion gallons of water from the Yangtae.River in the south to the Yellow River basin in the north, The project, known as the South -to -North Water Diversion, Project, connects four of. China's. major rivers; includes three.Iines'spa nning 12 provinces; shuttles water.throcagh 1;900 miles of canals and tunnels; and bears a price tag of over $80 bill ion USb.3 Two of thethree planned fines have been completed; and as of 2018, Beijing'was import! ng two-thirds of its tap water from SOEu.thern China.4 In the United States; as in China, freshwater resources. are unevenly distributed. Demand. in many areas of: the Country, particularly in the Southwest, significantly outpaces available supply. Herein Minnesota, meanwhile; we notonfy have relatively abundant surface and groundwaterresources—we are the Land of 10,000 Lakes.; after all, and the headwaters of the Mississippi River --but also join With seven other states and two Canadian provinces in bordering the largest fresh surface -water system on Earth: the Great Lakes. As climate change and population growth place mounting strain on U.S. water supplies, it:is not hard to imagine a scenario in.which poiiticlans from water-starved.states,'faced with struggling agricultural irrigation systems and. angry, thirsty voters, propose a Mao -inspired water diversion.: project —north to.south in this instance- to'`borrow"water 'from :the Great Lakes. Indeed, similar ideas have been proposed and seriously considered before,' and there are several ongoing, large; scale diversions. involving' Great hakes water: But any new 'scheme'to siphons water from the Great Lakes and divert it to other parts of the country would have to overcome a significant .fegaI hurdle: the 2008 Great Lakes -St. Lawrence River Basin Water Resources Compact, a remarkable interstate:agreement. reached by the Great Lakes states far the precise purpose of preventing such diversions. The century of water We have left the century of oil and entered the century of water. —Peter Anin, The GreatLakes Wares Wars Make no mistake. about it: There are both current and looming freshwater crises internationally and in the U.S., and they are being exacerbated:bypopulation:growth and climate change. According to the. United Nations: Approxirnateiy.4 billion people, representing nea rly two-th irds of the world's population, experience severe water scarcity during at least one month -of the year,. • A third of the worid's biggest groundwater -systems are already in distress, .. By 2030,;an estimated 700 million people.worldwide.could be displaced by:intense.water scarcity. o By 2040, one in four of the world's children .under 18—same 500 million in.aii—will be living in areas of extremely high water: stress.5 The United States is also running out of fresh .water. According to a 2019 federally funded report,in the. science journal.Earth's Future,. of the.2.04 water basins that.supplyrenewable fresh water6 to most of the country, over one-third may be unable to meetmonthly demand within the. next 25.years; a proportion thatgrows:to almost half by 2071.7 This. projected shortage, which takes into account cu rre nt trends toward lowering per -capita water usage, will. be driven by two principal factors. The first. is population growth:. The number of people in the. U.S.. is expected to rise from 308 million people in 2010 to 514 million in 2100,8 and this will naturally increase demand for fresh water. The second factor driving watershortage is climate change. While the predicted impacts from. climate change on water supply are complicated -for example; water losses in some areas from drought and increased temperature/evaporation must be balanced against water gains. in other areas from greater precipitation — the Earth's Future report e..stimates. that overall, there will he a:decrease in the freshwater supply because of climate change. Changes in water supply.wilI vary widely in different regions. For example, whereas some water basins in the Northwest, the Great. Basin,9. and California are. expected to see increased water yield10 over the next 50 years, a. majority of basins will experience decreases, with .particularly severe decreases in.the Southwest; the.: mlddIe to southern Great Plains,.and Flo rida..11 within a few decades, as a result, many regions of .the country may see their water.5upplies reduced by a third as. the demand for those dwindling supplies continues to. grow.12 Even this summer, the surging impacts of population growth and climate change have been.on full display in the: Western half of the U.S., which has been inthe grips of historicallysevere drought.13 New Mexico farmers along the Rio .Graride have been asked not to plant 'this year; Narth Dakota ranchers are trucking water and feed for livestock .because .their rangelands are so dry; low levels in the Lake.Mead R.ese.rvoir on the. Colorado River are likely to load to cutbacks in Arizona, Nevada, and other states; and California freshwater reservoirs contain only half as much water as usual for this time. of year. These impacts, scientists:say,.are made worse by climate change. The Earths Future report also evaluated potential avenues for mitigating this emerging water crisis..ln most water basins, for instance, agricultural irrigation constitutes over 75 percent of annual consumption.34 Reducing the water used far irrigation could free up water resources to ease critical impacts on high ermva I Ued water users, such as those in the municipal, industrial, and energy sectors. While: a 2 percent reduction in agricultural irrigation could make up the projected water shortfall lri some basins,..in. other basins —such as the Southwest and the:. central and southern Great Plains -the :reduction .wou.ld need.to be 30 percent.15 Achieving such a reduction in the nation's "bread basket' without raising serious concerns aboutfood security would be a daunting task indeed. "Mining"groundwater is another method that has kaeen and can be used in the US. and across the globe to alleviate shortages of renewab..le freshwater. resources. A.certain amount of rain and snow falling on the earth percolates to and recharges underground aqu ifers.. I n the Li,S., groundwater is the source of drinking water for about half of our total population and nearly all our rural population, and it provides. over 50 billion gallons per day for agriculturaI needs.16 When the amourit of groundwater pumped out for these purposes is equal to or less than the amount of precipitation percolating into the groundwater, the use.is sustainable,. this amount of groundwater is generally included when calculating available..renewable.freshwater resources. But when groundwater is pumped.at rates exceeding the natural precipitation recharge, it. diminishes water levels that mayhave..taken centuries. to: bull d up, and will take centuries to recharge; Used in this manner, groundwater is essentially a.nonrenewable resource, like oil or minerals —hence the term. "groundwater mining." The. Earth's Future report noted that groundwater mining has been.frequently used to supplement renewable freshwater resources in the {past and could he used to help cover the anticipated freshwater shortfalls in the 21 st. century,17 But the approach is fundamentally problematic, to say the. Least, given the already depleted. state of many aquifers,. and could "hastenEj the arrivaI of the day when groundwater mining is no longer econonnically viable" Groundwater mining it) the Ogallala Aquifer demonstrates the magnitude of the problem. The aquifer underlies approximately 175,000 square miles of land in parts of eight states, :including Colorado, Kansas, Nebraska, New Mexico, Oklahoma,.5outh Dakota, Texas; and Wyoming, and provides 30 percent of the nation's irrigation grou.ndwater.js As.of 1960--before the.a.dvent of large-scale groundwater -pumping agricultural irrigation systems in the region=only 3.percent of the aqulfer's water had been tapped.19 By 2010, an estimated 30 percent of the Ogailala aquifer had been depleted; based on existing trends, an additional 39 percent. will be gone by 2060.20 Once groundwater in the Ogallala aquifer is sucked dry; It:would take between 500 and 1,300 years to.refiil. Given these challenges to find ing. a d eq uate supplies of fresh water, it is perhaps not surprising that the eyes of water -starved parts of the U.S. have occasianal,ly turned. north to the world's must magnificent repository of fresh water: the Great Lakes. The Great Lakes: vast but finite As the wind slips over your waters., Sing to me. sweetly Superior, Sing me a Chippewa story, Under the quarter moon -Carla Sciaky; Under the Quarter Moon The Great Lakes —Superior, M lchigan,.. Huron, Erie, and qn#ari4—came into being during the last ice age, when the weight of the mile -thick Laurentide ice sheet carved. gia.nt depressions in the earth, As the climate warmed approximately 20,000 years. ago, the ice melted., filling these depressions<a.nd farming the .Great: Lakes. 6ecatise of this geologic.history; Great Lakes water is essentially a non-renewable resource. Only.1 percent.of the Great Lakes' water moves through the system:each year; the remaining 99 percent is original glacial water.22 Once that water is removed. from .the Great Lakes Basin—i.e..; the. lakes themseives plus adjacent land areas where surface water and.groundwater flow hack toward the lakes -it is basically gone for.good. The Great Lakes. are enormous. Covering over 94,000 square miles and holding some 6 quadrillion: gal Ions of Water, the lakes and their connecting channels comprise 21 percent of the world's supply of fresh surface water, and no less .than 84. percent of fresh surface water in North America.23 They provide drinking water -for more than 48 m llion.people in.the. U.S. and Canada, direct ly:generate more than 1.5.millionjobs and $60 billion. in annual wages, serve as the foundation for a.$6.trillion regional economy, and generate more than $52:billion annually for the region frorn.reue.ation. on the lakes z¢ For many residents of Minnesota and other Great Lakes states, tribes, First Nations, and Canadian provinces,. however, the lakes represent more thanjust hydrogeologic and. economic facts and figures..They area. fundamental part of who we are. For generations, those of us:living in this part of the world have been moved. by Lake Superior's transcendent waves crashing against the North Shore: We. have found :solace wrapping our fingers around one of its cold stones, smoothed -by centuries of waves: We have been enchanted by the lake's changing moods,.and have contemplated life sitting on its windswept rocks, staring out at the water. In. short, -for so rna.ny of us the Great Lakes are nothing short of sacred, which makes the prospect of sorneone taking large amounts of water from "our" Great. Lakes to use .elsewhere: pa.rticularly galling. Yet this exact scenario has been discussed. for decades. Water wars I'm from Teas and down there we understand that whiskey is for drinking and. water is for fighting over. If we get [co ntro1.of) it in Washington, we're not going. to be buying it. We III he stealing it. You are going to have to protect your Great Lakes. --]dormer Republican congressman. Dick Armey�5 Chairman Mao is not the only head of state who. thought large-scale water diversions could be a. solution to the unequal distribution of a countrys freshwater resources. Perhaps the most infamous.large-scale diversi.on.in modern history is the former Soviet Union's diversion of water from the Aral Sea —which, in theeariy 1900s, was the fourth largest inland lake in the world, larger than every Great Lake but Lake S:uperior.26 At the end of World Wart, policymakers in what Would shortly become the Soviet Union decided to divert water from the Syr Darya. and the.Amu Darya rivers, the major inflows for the Aral Sea, to irrigate and regions of Uzbekistan and Turkrnenistan.27 The multi decade projectsucceeded in creating almost.10 million new irrigated acres, leading to thriving cotton and rice production. Butthe impact on the Aral.Sea was. ..unimag1nable. The fake started shrinking in the 196.0s and has since lost 90 percent of its surface area and 96 percent -of its volume. Water levels have dropped by .9.3 vertical feet28 Bustling lakeside fishing vilIages became ghost towns whose city docks now overlook sprawling deserts dotted with abandoned fishing boats; the coastline, Fong -since receded beyond the horizon, is often.miles and rriiles.away.z9 The words and actions.of U.S. political leaders through the years have caused significant concern among citizens and governors of Great Lakes states: According -to a 2001 Associated Press article, for example,. President George W. Bush said he wanted "to talk to Canadian Prime.Minister Jean Chretien about.piping [Great Lakes] water to parched :states in the -west and southwest." Seven years. later, New Mexico. Gov. BiII:Richard.s.on, them running.for the Democratic presidential nomination against Barack.Obama, told the Las Vegas Sun he favored a "national water policy," noting thatt"states like Wisconsin are awash in water."30 But the abiding example of the Aral Sea has perhaps done as much as anything to galvanize protective sent! men ts.among citizens and leaders !n the Great Lakes region. As Peter Anin notes in his excellent book The: Great Lakes. Water Wars, "the Aral Sea disaster has been invoked repeatedly by. Great Lakes environmentalists as an ecological rallying cry: an example of what not to become," Nonetheless, there have been many attempted large-scale diversions of Great. Lakes water over the years --some. successful, others not. Perhaps.the.most: prominent ongoing .diversion.from the Great Lakes is the Illinois diversion (also known as the.Chicago River diversion), constructed in the.late 19th century,.M.Chicago.was transformed from a frontier town to a major city, the Chicago River, which flowed into. Lake Michigan, became increasingly polluted with raw sewage and industrial. wastewater that threatened to foul-the:city's freshwater intake from Lake Michigan. The,city conceived a bold plan. By constructing.a.canaI connecting the Chicago River to the Des Plaines River,. they couId.reverse the flow of the Chicago River. Instead of the Chicago River flowing into Lake Michigan, Lake Michigan would flow into the Chicago River, merging with the river and diluting its pollution before flowing through the canal to the. Des. Plaines : River and eventually entering: the Mississippi River just north of St. Lou is..31 After lawsuits.by the city of St. Louis —which, as.you might imagine, was not happy about the diversion —and other Great Lake states.(concerned aboutthe.potential lowering of lake.levels by as much as six inches), and after several. Supreme Court opinions,. a couple.of acts .of Congress, and a consent.decree, the: diversion was:a.pproved and continues in place.to this day. Water flowing out of the Great Lakes Basin via the.Chicago. River diversion is more than offset by two diversions into.the Great Lakes, from Long Lac and.the.Okogi Riven in northern.0ntario. These diversions, completed in 1941 and 1943 respectively, both redirect water that would have flowed north to.James Bay to south -flowing rivers. that eventually reach Lake. Su east.ofThurider Bay, Ontario.32 The goal of these diversions was:to increase the flow of water Into and through the Great Lakes to. increase Canadian hydro. capacity to power the manufacture of. criticaI materials for fighting World War II. While the Chicago, Long Lake, and Okogi. River diversions constituted impressive, large-scale engineering accomplishments, they would have.been significantly overshadowed byseverai.gargantuan water.divers.lons involving.the Great Lakes.that were proposed, but never undertaken,. in the 20th century. For sheer audacity, none tops the Great Recycling and Northern Development (GRAND) Canal of North America, the brainchild of a Newfoundland engineer named Thomas Ki.erans whose goal was nothing less than to ensure. a eel iable. supply of fresh water for the entire continent. Kierans proposed constructing an enormous dike that would separate Jaynes Bay from Hudson. Bay, everituaIlytu.rningJames Bay into a giant freshwater lake. Through a. see! es of nuclear reactors and hydro darns, water 'in the newly .des.alinated James Bay would then be pumped to the:Great Lakes and from there to the U.S. Midwest, South, Southwest, and even to Mexico.33 A less fantastical but mgre.politicaIly feasible threat. of the diversion of Great Lakes water emerged in 1982 following the passage of Public Law 94-587, which directed the U.S. Secretary of Commerce to "examine the feasibility of Various alterna..tives to provide adequate water supplies in the [High Plains] area including, but not limited to, the transfer of wafer frorr7 adjacent areas," The resulting 1982 study; commissioned and.funded by the U.S. Department:of Commerce, generated a lengthy report. evaluating the feasibility of moving water from. "adjacent areas" to. six states reliant upon groundwater from the. depleted.:Ogallala aquifer.34 one of the six states, South Dakota, is adjaceritto Minnesota, a Great.Lakes state. Ultimately the study focused on diversions from rivers, not: Lake Superior, and concluded that even these diversions would.. be prohibitively expensive. Yet. the mere fact that the federal. government had funded the study of large-scale interbasin diversions in...reach of the Great Lakes elevated concern among governors .of the eight Great Lake states, who had long harbored suspicions about federal schemes to export Great Lakes water.ss The governors' fear was compounded by a Supreme. Court decision the.same year, sporhase v. Nebraska,36 which struck down:a.Nebras ka. law restricting the withdrawal of Nebraska groundwater for use in another state. "States' interests in conserving and preserving scarce water resources in the arid Western States -clearly have an interstate.dimenslon;"the Court held., rand uding that Nebraska's law violated the Constitutiori's commerce clause by imposing an impermissible burden on interstate commerce, The Great Lakes gave mars, .reaIizingthat the. Supreme .Court's precedent in sporhase meant state laws prohibiting the.export of Great Lakes water could well be struck down if challenged, resolved. to work :together to find other.means of stopping diversions from the Great LakeS.37 This effort eventually resulted in the 2005 Great Lakes -St: Lawrence River Basin Water Resources Compact. The compact is hors. The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly covenant and agree with each other... -- Great. Lakes -St. Lawrence River Basin dilater Resources Compact, §1 The various steps undertaken between the early 1.980s.and the Great Lakes.governors' eventual endorsement of the. compact in 2005 have been well documented elsewhere.38 But two key legal predecessors in the quest to protect the.Great Lakes. deserve mention here. The first: is the 1909 Boundary Waters Treaty between the-U.S,. and Canada, designed. to address "boundary waters" anal prevent disputes between the two countries over their use. The treaty created the International Joint Commission (IJC) to manage issues arising under the treaty.39 important as the treaty is,. it has limitations. for regulating..dNersions from the Great Lakes. For one thing, although four of the five Great Lakes are boundary waters, Lake Michigan -located wholly in the U.S.-is not. In addition, the treaty requires the IJC`s approval only for diversions "affecting the natural Level ❑r flow of boundary waters.. '40 Many large diversions, taken by thernselves, are unIikeiy to ,change the level or flow of the. Great Lakes. For most other boundary waters issues, the treaty Only ern powers the IJC to hear matters referred to it by a country, and the IJC is limited to providing recommendations., not enforceable orders:41 The second key legal predecessor to th.ecompact was. section 1109 of the Water Resources Development Act (WRaA),.which Congress adopted in 1:986. It provides: "No water shall he diverted.or exported. from. any portion. of the Great Lakes within the. United States, or from any tributary within the United States of any.of the Great Lakes, for use. outside the:Great Lakes.basin unless such diversion or export is approved by the Governor of each of the Great Lake States: `42 Although this. law provided a robust `federaI bulwark against the. threatened diversions that kept Great Lakes.govern ars up at night in the. early 1984s,.it provided no standards or process to be used to. determine when a diversion should or should not be granted. This led to governors wielding what is effectively a. veto power ---section 1.1,09 requires the governors' unanimous consent ---that could be used for reasons more political thart. ecologicai.43 Moreover, the WRDA, as a U.S. statute,. has no effect in Canada, a fact that was madeclear in infamous fashion in 1998... when John Febbraro, the::own.er.of a:small.Sa.u.lt Ste. Marie, Ontario consulting firm called the Nova Group, quietly obtained a permit from a local government office to annually. export 158 million gallons of Lake Superior water to Asia by ship.44 Although. Mr: Febbraro eventually retreated :from his plan, the fact.that he was able to so easily obtain a permit to. export Water without triggering further review or even corisultation.with . the other Great. Lakes governors and premiers caused further alarm throughout the region. The need to -finalize consistent, enforceable,. and. international regulation of diversions never seemed more urgent. Finally, in 2005, the Great Lakes governors endorsed the Great Lakes -St. Lawrence -River Basin Resources Compact. The compact is. an interstate contract among Illinois, Indiana, Michigan, Minnesota, New York; Ohio, Pennsylvania,. and Wisconsin detailing haw the states rnanage the: use of.the Great.Lakes Basin's water supply. All states have enacted the compact As state law, and the compact was approved by Congress and signed by President George W. Bush in 0ctcber 2008..In Minnesota, the compact:is . codified in,section 103G.801 of the Minnesota Statutes, The choice.hythe states:to:eriter a compact (under Article I, Section 10, Claus.e 3 of the U.S. Constitution), rather than a.simple agreement is important because it sidestepped.the. dormant commerce. clause issues in.Sporhase v. Nebraska.. Whereas states. are prohihited from imposing unreason able.restrictions..on interstate commerce (such as Nebraska's out-of-state groundwat& restrictions., at issue in 5porN?se), Congress has constitutional authorityto regulate interstate commerce, which would include corn merce"involving the.Great Lakes. Because interstate compacts must obtain Congressional consent, the resulting.federal stamp.of approval eliminates concerns that diversion-I1mit!ng.state laws adopted pursuant to the compact -will run afoul .of the commerce clause.45 At the same time as the.governors endorsed the compact, they also signed a companion international agreement with the Canadian provinces of Gntario:and Quebec known as the Great Lakes -St. Lawrence River Basin Sustainable Water Resources Agreement. As the.title:implies, this document is simply an:agreement, riot a compact or treaty.; but it mirrors the provisions of the compact. The provinces of Ontario and .Quebec, like the Great Lakes states, have adopted provisions. necessary to implement the agreement as enforceable provincial I aw, ensuring that. all state and provincial governrrients in the basin are working toward the same. goals and implementing the same procedures. and.requirem ents. Key provisions Among the key aspects of the .compact are the. foil owing - Findings and purpose The compact proclaims that :the waters of the. Great Lakes Basin are. "precious public natural resources shared and held in trust by the. States: 6 This Ending echoes the ancient public trust doctrine, which provides. that states own lake and river beds within their borders -and the water they contain, including in the:Great Lakes, and hold the title in trust for the public 47 The compact, which applies:to..both surface and groundwater in the basin, also declares that future diversions and consumptive uses of Great Lakes water have the:.potential to "significantly impact the environment, economy and welfare" of the region, and that the parties.have.a "shared`duty to protect, conserve, restore., improve and manage the renewable butf nite Waters of the Basin for the use, benefit and enjoyment of all .their citizens, including generations yet to come," As for the purposes of the compact, they include facilitating'tonsistent approaches to Water man agement.across.the Basin" and preventing "significant adverse impacts of Withdrawals and losses on the Basin's ecosystems and watersheds.. 43 General diversion prohibition and. exceptions At the heart ofthie compact is a prohibition on any new or increased "diversion," which is defined as. "a transfer of water from the Basin into another watershed, or from the watershed of:one of the Great Lakes Into.that.of another by any means of transfer..:" 3 The "Basin refers to "the watershed of the Great.Lakes and the St. Lawrence. River upstream from Trois=Rivieres, Quebec within the jurisdiction of the parties: `Three. types of diversions are excepted from the compact's general prohibition as long as Certain relevant standards are met and procedures followed. Thesa include; 1. Intra-basin transferssThe transfer of wator from tine watershed..of one Great Lake to the watershed of another Great Lake, which .would still be within. the greater basin, is permissible under certain circumstances. For example, if an intro=basin diversion results in a "consumptive use" (water that is. withdrawn from the basin but not: returned to it) of greater than 5 mil I!on .galfons per day; it would require prior approval of all the Great Lakes governors --who together comprise the compact's managing body, the Great Lakes;St. Lawrence River Basin Water Resources Council—and.would be subject to regiona1.review by council and by the "Regional Body," which includes; both. the governors. and: the preen€ers of On and Quebec.sn Note that the compact does not. prohibit Water.transfe:rs that occurfulfywithin the watershed of one of the Great Lakes, such as within the Lake Superior watershed.. Z Straddling communities. The compact also allows certain diversions of Great Lakes water to "straddl.ing communities," those that have land both within and :outside of the .Great Lakes Basinwatersh.ed.51 To qualify for this exception, diversions must be used for water supply or a wastewater treatment -system within the.straddling community, and the water used must be returned naturally or after use to the source watershed, less an a[Iowance.for consumptive us.e.52 If a diversion. to a straddI-ing-community results in a consumptive use of greater than 5 million gallons per day, the proposed diversion is subject to regional review, but it would not require approval by the council. 3. Straddling counties. The..third exception.from the. compact's: pro hibition.on diversions.has proven the most contentious. It allows the transfer of Great Lakes -water to a community that is outside of the basin but within a county that straddles the basin. bau.nd.ary. Like the exception for strad.dIingcommunities, the straddling county exception requires that the water be.used solely for public water supply purposes. But this exception is subject to more.stringent`review..by. other states, requiring not only man datory.regional review but also unanimous approval by the council. The. straddling community exception and indeed the compact itself was put. to the test after the. city of Waukesha, Wisconsin ---which is located outside of the basin but within a county that straddles the. basin boundary msubmitted. a 2010 application fora.controversial diversion of up to.10.1 million gaIIons. per day of Lake M€chigan water.53 The council ultimately`approved the diversion (with conditions) but only after six years of bitter local and regional political battles, with,oOnions divided upon whether Waukesha's request was motivated more by genuine.shortage of potable water or fay an interest in fostering urban growth,54 Proposed diversions. under these exceptions may also need to meet the compact's "exception standard," which requires showing, among other things, thatthe diversion (a) cannot be reasonably avoided through the efficient use and conservation of existing water supplies; (b) will be. limited to quantities that are considered reasonable for the diversion's purposes; (c) can be Implemented. in a manner so as to ensure no significant individual or cumulative adverse impacts to the quantity or qua€ityof.the. waters and water -dependent. natural resources of the Basin; and (d) will incorporate :envirooMehtally sou.nd.and economicallyfeasible:water conservation measures. Small -container "loophole" One. frequently criticized provision of the Compact relates to removing water in containers. Although section 4.12(10) provides that proposals to withdraw water in any container greater than5.7 gallons must be treated.. as a. diversion, the compact does: not prohibit removals of water in containers smaller than 5.7 gallons—such.as, for example, 8-ounce. plastic containers for bottled water. Regulation of such. small -container withdrawals is left to the discretion of individual .states. Critics worry that this "loophole" wi11611ow bottled -water cohnpanIes to freely remove. significant amounts of water from the basin. for sale in far-flung destinations, so long as they use Small containers. And several high -profile disputes have brought. public attention to the issue, including a.decade-long. litigation over the Nestle Company's withdrawal of groundwater in Stanwood, Michigan for use. as bottled water.ss Nonetheless; it is worth noting the finding of a :IJC report, which estimated the amount of bottled water imported into the basin exceeds the amount leaving by a.factor of 14;56 State management of in --basin uses To implement the compact's provisions, each Great Lakes state was required, within five years; to .create a program for the management and regulation of new.ar increased withdrawals and consumptive. uses of basin water by adopting and implementing Taws, regulations, or other requirements consistent with the compacts "decisiommaking.sta_ndard.." 57 The dedsion-making.standard sets forth mandatory criteria for approval of proposed withdrawals above thresholds set by each of the:states; including the "exception.standard" requirements. listed above, as well as a requirement that a proposed use.be."reasonable:" Rea.sonableness.is determined on the basis of factors such as the supply potential of the source water and the balance between -economic development, social development, and environmental protection.58 Minnesota has complied with the compact's state management program requirements by enacting thie compact itself into state law, as noted previously; and by demonstrating that existi ng. state rules. and .programs—mostiythe Minnesota Department of Natural Resources{DNR) water appropriations permit program —meet the -compact's requirements. The council approved Minnesota's water management program in 2015:59 Enforcement The compact also provides mechanisms to enforce its.provisions,:a significant difference from the 1909 Boundary Waters Treaty, .In addition to the management provisions in each Great Lake state's own laws, the compact empowers the council to conduct special investigations and bring court actions to enforce the compact's provisions.60 Moreover, the compact authorizes any aggrieved person or state to bring a civil action in the appropriate. state court to compel any person to: comply with the..compact; provided, however, that no action is allowed (a) if the relevant state has already approved the use or diversion at issue, or (b) before the plaintiff has given 60 days prior notice to the state, council,.arid the person alleged to be in noncompliance.&� .imitations of the compact By any measure, the adoption of the Great .Lakes-5t. Lawrence River Basin Water Resources. Compact and the Great Lakes -St. Lawrence River Basin Sustainable Water Resources Agreement represents a remarkable political .and env ranmental:achievement, and. the compactand agreement have served the Great Lakes region well. Since their adoption in 2005, thetwo accords have quickly squelched any new dreams of large-scale. diversions of Great Lakes water to other parts of the country: -Any futu re. like Thomas Kieran's :GRAND canal, or the use of Great Lakes water to replenish the Ogallala aquifer, for example, would be prohibited by section.4.8 of the Compact, because. they would.both involve the transfer of Great Lakes water out. of the Great Lakes basin. That said, the compact's prohibitions are not immutable: Section 8.5. of the compact provides that it can be amended following the same.steps by which it was initially approved. In addition; there is some. case: law. suggesting that Congress may be able to. take.trmeasu.res to render a compact. practically ineffective (although the issue has yet. to be considered by the U.S. Supreme Court).6.2 Theoptics of doing so for a popular multistate agreement like the compact suggest that it would be politically unrealistic, .at Ieast currently, for Congress to scuttle the compact. The prospect of getting all the Great Lakes states to agree.to terminate or. significantly amend the compact seems similarly remote. But imagine, if you will, how the calculus might: evolve if, as expected, the freshwater crisis in the United`Sta.tes becomes critical In the coming decades, and the:political winds shift toward federal control of national water resources. Would it really be:surprising to. find the topic of.large-scale diversions.from the Great Lakes back an the table? Should we:b.e concerned,about the compacYs:abil.ity to survive the coming water crisis?. I ran these questions by two experts who were kin denough.to take my calls. Sherry Ernzler, general counsel for the.Minnesota ❑NR, did not mince. words: Yes, we. should be concerned., If water -starved states gain control in Congress; Eniler said, "AlI bets are off." By contrast, Peterjohnson=deputy director of the Conference of Great Lakes and St, Lawrence Governors:and Premiers. and principal author of the compact-professeslittle concern: Far various legal, logistical, and political reasons, he said, he believes .we. are unlikely to see.any long-distance diversions of Great Lakes water in the decades ahead. Because a compact is a birid ing contract between the participating states, johnson explained, there is reason to believe that the Supreme Court would not allow Congress to unilaterally change the terms of that contract. From a logistical standpoint, the.engineering challenges of moving large amounts. of water to, say, Arizona, would be extremelydifficuIt.to overcbme, he rioted, and the. enormous cost of building the necessary pipes and channels combined: with the operating costs would be economically infeasible under all but the most dire circ€zmstances.e3 From a political standpoint, while Congress may crave legal authority to pass laws that. undercut the purposes of the corn pact without changing the terms of the compact itself, Mr. johnson emphasized that almost every state in the union is a member of at Ieast one interstate compact; many of those compacts, especially in the. West,. involve Water. :"Atrack[hg the regime of compacts between states regarding water,"Mr. john.sori warned, "is fraught with not.justsetting up Iegal challenges, but would also have political significance. If somebody starts.passin.g Iaws.that undermine the purposes:of the Great Lakes Compact, that could in turn become a justification for reclpracity, and.l think it's safe.to say nobody wants that. "And this is all without even bringing in the international component, where. Canada and the Canadian Provinces that share the. Great Lakin -St. Lawrence Basin may also have some objections, both political and legal, that could be:raised" I find Mr. Johnson's response reassuring; but I do.share Ms. Enzler's concern. it's hard to shake the sense that if the irnpacts of.climate change and population growth upon freshwater resources are as predicted {or greater} in the coming decades,. there will be renewed pressureto overcome the politicai,.fega1, and logistical hurdles, daunting as they may be, and divert Great Lakes water outside the basin. Moreover, if the water crisis in other states becomes severe enough, the question..may change from whether we can prohibit the diversion.of Great Lakes. water outside the Basin to whether we should prohibit it, when.our fellow citizens are in. need. Fortunately, it has. yet to. -be determined whether these potential outcomes are, as Ebenezer Scrooge famously asked, "shadows of the things that will be' or :only "shadows of things that may be." 64 The .Earth's Future report outlines not only the projected shortages in the U.S. freshwater supplybut also the steps that might be taken to preserve freshwater resources for future:generations. Many of these steps,::as noted previously, are deeply problernatic, such as:extensive groundwater mining. Some, however, show promise. For example, the report indicates that improvements. in agricultural irrigation.efFciency should be a.tigh priority'' and that shifting,so.me water use from .agriculturaI to other sectors, where possible, will likely be necessary as well.bs Talcfng these and other steps now will be critical to the.. ultimate protection of the Great Lakes. They, along with the existing protections provided by the compact, can help ensure that a Chairman .Mao-lnspired north-ta-south diversion.of.Great Lakes water will not.:be happening anytime soon. Water diversion outsidethe Great Lakes Basin It is worth e m phasizing: that because the compact only applies to diversions of water from the Great Lakes Basin, it provides no protection against d.iversions.of water located outside the basin. The demand for this type of diversion in water -rich states: such as. Minnesota, the major€.tyof which is located outside the Great Lakes. Basin, seems €ikely to grow as.freshwater resources. €n other parts .of the.country became increasingly scarce. A potentlal foreshadowing of things to come arose in a controversial 2019 proposal from a Lakeville, Minnesota r company called Empire guilder Investments. Empire Builder proposed. installing: two wells. in Randolph, Minnesota;. pumping 500. million gallons of groundwater per year and shipping it out of Minnesota and across the country to drought -affected states:66 D N R Commissioner. 5arah.Strom men quickly issued. a statement indicating there was "virtually no scenario" in which DNR would approve the proposal, and the story soon faded away. But a big factor in DNR's reckoning that the propoosa€ could not move forward was that Empire's proposed wells would ta.p the: Mt. Simon -Hinckley aquifer, which enjoys unique statutory protections:157 What if Empire's proposal involved drilling into a different;:less=protected aquifer? Minnesota does: haveruIes and.statutes regulating groundwater withdrawals (such as prioritizing types of water.use) and protecting the s.ustainability of aquifers.68 But if a proposal such as Empire's met these requirements, could the DNR prohibit the proposal simply because the water wouid be:shipped to a.southern state? Wouldn't that risk running afoul of the .U.S. Supreme Courts dormant commerce clause holding, discussed above, in Sporhase v. Nebraska?69 The DNR seems to believe; there are ways to make it work. During the Minnesota Legislature's 2021 session, the DNR advanced a bill :to prohibit the appropr.iatiion of "water. in excess of one million gallons per year.fo.r bulk transport or sale of water for corisuMptive use to a location more than 50 miles from the point of the proposed appropriation;" 79 According to. the DNR's General Counsel Sherry Enzle.r, this limited prohibition, which will apply to equally to allpermit applicants; was specifically.drafted to be consistent with Sporhase. Minnesota Gov. Tim Wall signed the bill into law on june 29, 20Z1.71 JEREMYP. GREENHOUSE is an environmental lave attorney and partner at The Environmental Laiv Group, Ltd The author wishes: to. extend sincere thanks to Sherry Enzier and Peterjohnson for.agreeing to be interviewed for this article, With special thanks to Mr. Johnson for providinghelpM comments on the development of the compact. and agreement as well as his. critical role in that process. Notes Vilong, Edward; "Plan. for China's Water Crisis Spurs Concern", New York Times (6/1/2011.). z Susanne Wong,. China Bets on Massive: Water Transfers to Solve Crisis, International Rivers, December 2007 World Rivers Review (12il51.2007), citinghydro.logist Richard Evans, available at httpsJlarchive.internationalrivers.orglresourceslchina-bets-an-massive-water-transfers-to-solve-crisis-1899. 3 Cod Kota cek, China Completes. Second Line ofSouth-to-North Water Diversion Project Circle of Blue Water News (11812015),.avail.able at https:iIWWW .circleo.fblue.6rgI20151woddlphoto-slid6show-china-completes=serond- line-south-north-water-transferl. 4 The. Economist, A massive diversion -China has built the worldss largest water -diversion project (417120'1.8), available at https.11www.economi'st.comlchi'na/2Oi8lg4/`0Slchina=has-bunk=the-worlds-iargest- water. -diversion project.. s. httpsJlwww.unwater..orglwater-facts/scarcity citations omitted. According to the United Nations, an area. is i . experiencing "water stress" when annual water supplies drop below 1,700 M3 per person. When annual.water supplies drop below 1,000 m3 per person, the population faces. "water scarcity" See https.Ilwww..un.orglwaterforlifedecadelscarcityshtm1. Employee Evaluation Form -1. EMPLOYEE INFORMATION Employee -Name- Melissa Lawrence Job Title: City Clerk/Administrative Assistant Supervisor/Reviewer. Gretchen Artig•Swomley Review Period From:43 f25 42 To:3129Z23 COREVALLIES AND OBJECTIVES PERFORIVIANCE CATEGORY RATING COMMENTS AND EXAMPLES Quality of Work: x:Exceeds..expectations Melissa is ad amazing employee,:She performs the duties -Of -her job in an Wark is completed accurately (few X Meets expectations excellent manner and Can be counted -on or no errors) :.effclently and within 0 Needs improvement. to.get her work done in a high quality deadlines with minimal supervision p Unacceptable. manner... She required a minimum of correction: Melissa is efficient and highly effective at prioritizing her work naturally and withouta lot ofdirection from me. Attendance & Punctuality: © Exceeds expectations Melissa' is highly responsible about. possible attendance and punctuality Reports far work on time, provides x Meetsexpectations issues and is :great at communicating as advance notice of need for absence Q Needs improvement far in advance as possible about any: © Unacceptable changes, She great about planning in advance and erhailing me if.there is a problem. She is goodat interpreting the employee manual regarding attendance questions and has made several suggestions about potential language changes in the manual Reliability/Dependability: x. Exceeds expectations Melissa is highly responsible: regarding all aspects of her.job, inclu.diing setting up .Consistently performs at a high x Meets expectations meetings, conducting all necessary follow level; manages time and,warkiagrl p NeedS.inzprovement through. The city council feels. they can effectively to meet responsibilities: p Unacceptable count on her to get the job done -She has gone out of her way to make sure the duties of her job arealways done in. an efficient and. effective manner. Communication Skills: ©.Exceeds expectations She has. done well at writing meeting n1inutes and has seen greatimprovement Written and oral communications x Meets expectations in this area. She is also great at writing are clear, organized and effective,' El Needs improvement citizen letters and doing communication listens and comprehends well Ll Unacceptable tasks such as the faceboak page. Her communication skills have added to our overall image as an efficient small city. Judgment & Decision -Making: 0 Exceeds. expectations Mlisga. is as smart as they came. She can Makes thoughtful, well -reasoned. x Meets.expectations be. counted on to make the right clec sion without a lot of.guidance. Sheinteracts decisions; exercises good © Needs improvement well with me when she needs clarification © Unacceptable and direction. She has to juggle a..n' ever. 02012-2014 f1R 360, Inc. 11 judgment, resourcefulness and. changing work load and does well at creativityin problern-solving keeping everything: moving in terms.of her tasks. Initiative-9 Flexibility: x Exceed s. e xpect ati o n s Initiative is probably :one. of Melissa's greatest skills. He'i5 absolutely excellent demonstrates initiative, often' x Meets.expeetations at taking the lead on. suggesting and seeking out additional responsibility; ❑ Needs improverneht implementing hew ideas such as working identifies problems andsolutions, ❑ Unacceptable with White Bear Township to create a. thrives on.new challenges and joint clean up day. She often seeks out adjusts. to unexpected changes projects to:work.on based on maintaining consistency in our documents, such as ordinances; forms, fee schedules, etc. She conducted a total rehab of.dur out dated fee schedule and many other similar .projects. She also launched our facebook page, which give us another avenue for communicat€on to residents. Cooperation & Teamwork: © Exceeds expectations Melissa works well with me and with the city council. She also has solid Respectful of colleagues when: x Meets expectations, relationships with the contracted service working with others and.makes 0 Needs impravernent personnel. at White Bear Township such: valuable contributions to help the p Unacceptable. as the code officer, treasurer, treasurer's grasp achieve its gapls assistant, public works personnel, etc. We. have made drarmatic strides in our relationships with those around us, thanks in part to Melissa's calm efficiency: ■: ■• PERFORMANCE CATEGORY RATING COMMENTS AND EXAMPLES Knowledge of Position: © Exceeds She is well versed on the duties of her job and knows Where to go for answers when she has a Possesses required skills, expectations question. Sheis good at comparing: how we do knowledge, and abilities to x. Meets expectations: a:particuiar function with the cities .around us.. competently perform the jab ❑ Deeds improvement © Unacceptable Training &Development• ©Exceeds Melissa has sought .out and attended training that adds to her knowledge base for the job of Continually seeks. ways to expectations city clerk. strengthen performance and x.Meets .e9pectations regularly monitors new. ❑ Needs improvement: developments in field of work ©Unacceptable PERFORMANCE■+ Continue training that is.aimed at eventual clerk certification. Help us begin to transition.to a new software package. Build network:of colleagues in other cit€es,to exchange ideas. 02012-2014 HR 360, Inc.12- X EXCEEDS EXPECTATIONS .Employee consistently performs at a high level that exceeds expectations X MEETS EXPECTATIONS Employee satisf ies all essential. jou requirements; may exceed expectations periodically; demonstrates likelihood of eventually exceeding expectations I] NEEDS IMPROVEMENT Employee consistently performs below required standards/expectations for the position; training or other action is:necessary to correct performance 0 UNACCEPTABLE Employee is unable or unwiilling to perform required duties according to company standards; immediateimprovement must be. demonstrated She is a highly valued member of our team and an amazing employee. Melissahas helped us revolutionizethe running of but back office functions, such as the use of credit cards,.00r web and face book presence, even the appearance and efficiency of our city hall spaces. Her working partners an the council and at White Bear Township.think very highly of her. I`acknowledge that l have had the opportunity to discuss this performance. evaluation with my manager/ supervisor and I have received:a copy of this evaluation. Employee Signature: Reviewer Signature: - Date. A i ; ; r, 11 Z3 02012--261.4 HR 3fiq, Inc. E 3: CITY OF GEM LAKE Heritage: Hall 420..0 Otter Lake Road ! Gem Lake, MN 55110 651-747-279019.2 165.1-747-279.5. (fax) E-mail. city&emlakemn.org Name IIlease print clearly rin C��" (V'b� A" PV�0_0N")P_ n. Q M1 Gein Lake. City Council Meeting Apri.118; 023 Sign in Sheet Name Please print clearly —� 5�.