HomeMy WebLinkAbout2016 08-02 PC PACKETCITY OF GEM LAKE, MN
4200 otter Lake Road
Gem Lake, MN 55110-3227
Telephone :651-747-279 Q
E-mail City@ gemlakeMN.org
Gem Lake Planning Commission Meeting Agenda
2 August, 2016
Call to. Order of the Planning Commission of Gem Lake: Tuesday, A..u.gust2, 2016 at`7 p.m. at the Gem
.Lake City Hall conference room..
Roll Call:
Johnson Pratt Wippich Marier
Approval of Planning Commission
1. August Agenda
OLD BUSINESS
Nave
PUBLIC HEARING.
1. Co.nditionaI Use Permit. Application —1430 Goose. Lake. Rd
2. New Ordinance Relating: to Rules & Fees for Connecting to City Utilities.: City Sewer &.City
Water
3. New`Orclinance Opting Out of the Requirements of Minn. Stat..Section 462.3593.- Temporary
Family Health Car.... Dwellings.
NEW BUSINESS
None
OPEN ITEMS
None
FUTURE. MEETINGS:
Planning Commission Meeting:.September 6, 2 16 at 7:00 p:m.
ADJOURN:
CITY 4F GEM LAKE, MN
4200 Otter Lake Road
Gem Lake, MN 55110-3.227
Telephone 651-747-2790
E-mail Cityaa gemlakeMN.org
Gem Lake: Planning Commission Meeting Minutes
2 August, 2416
The regular meeting of the Planning Commission of Gern. Lake was. called to order by Chairperson
Beniamin Johnson. on Tuesday, August 2, 2016 at 7:02 p,m. at the Gem make. City Hall conference room,
The following. members were present: Chairperson Ben Johnson, and Planning Commissioners Arthur
Pratt and Derek Wippich. Commissioner Dan Marier was not in attendance.
Planning Commission August Agenda: Chairperson Johnson asked for any changes, deletions, or added
agenda items. None was given and. upon motion by Commissioner Wippich and. seconded by:
Commissioner Pratt; the August 2, 2016 agenda was approved. Ayes - 3, Nays -- 0.
OLD BUSINESS
None
PUBLIC HEARING
Opened —7:06 p,m., Closed —7.55 p.m;
Conditional Use Permit (CU-P) Application —`1430 Goose Lake Rd.
Applicant Gretchen Art'ig�5womley requested the approval of a CUP which.would allow the
construction of .a 1296 ft2 garage (36'X36`), replacing. an existing garage. The CUP is needed as
the replacement -structure will exceed the permitted maximum height and size per the zoning.
❑rdinance.
The :garage, as proposed, will not ekeed the height of the home and, as constructed, is a
distance of �180' from the nearest lot line. As such, it will.not be seen by abutting neighbors and
or the closest public right-of-way. The applicant was present at the meeting and was able to
answer questions about the project to the commissioner's satisfaction.
The Planning Commission feels that this proposal meets the. requirements for considering and
granting. a CUP, as defined under Section 17.5 of Ord. No. 43#C, and recommends, on a vote of 3-
aye, 0=nay, that the city council approve. the CUP application.
2. New ordlnance..(Ordinan:ce No. 129) Relating to Rules & Fee.s. for Connecting to City Utilities: City
Water & City Sewer
The Planning Commission reviewed the proposed ordinance (Ord. No. 129) relating to the
rules and fees administration of city water and sewer. The commissioners discussed the
motivation to craft this particular ordinance and the history of municipal oversight of utilities in
Sign In Sheet:
Gretchen Artig-Swomley
Brad (vast. name unknown — illegible)
Jim Lindner
Paul E'meo
Request for Zonin C zn l.iance Permit
City of :Gem Lake, Minnesota
4200 ❑tferIake Road, Gem Lake, MN `553-10.
.651 747-2790/92.- fax 651747-2795
c i tv@ gem1 akenu-L. ora
(Applicant)
is hereby requesting. a Zoning Compliance Perrxdt to allow operation of the. fallowing activity*':
at property located at 19 '32 6 se Lai P) o a � ►"yl [ I17ti15SI Q
Gem Lake, Minnesota.. (Address)
Applicant.
O�L
C1
ate
Contact information:
Applicant
Mailing address of.appiicant:
Iy3o Gras L t rh LR. ? SSIr
Phone/cell. 6�7 s r - �a bo
Email:
".Applicant must` submit complete description of. requested activity and copies of plants for Zoning.
Administrator approval.
-'*Add i tional Information.
For office We.on1p..
$100.00 fee paid
be requested by the
Zoning Administrator Approval..
Yes:
Signature. and date:
No:
Signature.and date
Comments:
$20HO deposit paid
Date Application Complete-.
(GO day .rule compliance)
tar and.for tne.Qity of Uem La
MEMORANDUM
TO: PLANNING COMMISSION.
FROM: TOM RIEDESEL
DATE: JUNE 17, 2016
SUBJECT: GARAGEIACCESSORY STRUCTURE CONSTRUCTION
REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT AN OVERSIZED
GARAGE (1,296 SQUARE FEET) & EXCEED 25' IN HEIGHT
LOCATION: 1430 GOOSE LAKE. ROAD
APPLICANT.: GRETCHEN ARTIG-SWOMLEY
ZONING: RE — ESTATE RESIDENTIAL
Ms. Artig-Swomley is requesting approval of a Conditional Use Permit which. would allow
construction of a.1,296 square feet (36' x 36') garage. The garage is planned. to replace
an existing smaller garage. The garage is proposed to exceed 25' in height, which is the
maximum permitted by ordinance, unless a Conditional Use Permit is approved,
City Ordinance permits garages/accessory structures up to 1,000 square feet. Larger
structure s may be: allowed by Conditional. Use Permit. Exceptions. to exceed 25' in height,
may also be allowed upon approval of a Conditional Use Permit. Section 16.5 of the
Zoning ordnance restricts any accessory building from exceeding the height of the
principal structure.
The Artig-Swomley property is 14.76 .acres In size and has several accessory structures
.in additlon to the proposed garage. They include: a shop, greenhouse and smaller
residence (the pout house), The existing garage which is proposed to be replaced is less
than 1,000 square feet in area with a height which does not exceed 25', The garage is
proposed to be constructed approximately 1 60'from the closest lot lime.
The garage as. proposed Will not exceed the. height of the home.
Setback requirements for a. garage per the Zoning Ordinance are: 50' front, 30' side and
1 00'from. the ordinary high water. mark of Gem Lake.
The City permits garages/accessory structures which exceed 1,000' in area: and 25' in
height by Conditional Use Permit.. Conditional IUse Permits are regulated by the Zoning
Ordinance. A Conditional Use Permit means the use is permitted but is subject to
reasonable conditions which are established by the City Council. Section 17.5 of
Ordinance No. 43K. sets the requirements which must. be reviewed when considering a
Conditional Use Permit. In part it states:
C) Existing and New Uses. Shall conform as follows,
1) Shall maintain harrhony and compatibility with surrounding uses and.with
the architectural character and design standards of existing uses and
development;
2) Shall meet. or exceed ali Performance Standards contained elsewhere ih
this Ordinance;
3) Shall not generate .such additional traffic associated with the use that
would overburden or exceed the capabilities of streets and other public
services and facilities including, but not limited to, parks; schools, and
utilities serving the area:.
The Artig-Swoml.ey property is a large residential estate w1th several buildings. The
proposed oversized garage will not. exceed the height of the home and will not be seen
by abutting neighbors or from thepublic right-of-way.
If the City Council determines that the proposed structure meets the criteria for approval
as defined by the Zoning Ordinance; the garage as proposed, can be approved.
TRlpsw
cc: admin,file
b:artig-swomley
3
From. Gretchen Artig-Swomtey &e100nasC camcast.nel
Subiect: No subject
bate: Today at 7:07 PM
To. gretchenas@ovmcast.nat
/�`Illllll
Schedule (when.applicant intends to construct)--[ ,)pr 2�j �p
Additional information, if required.
Permits or Written comments from other agencies (DNR, RCWD,
VLAWMD, Ramsey County, MNDot`, US Army Corps of Engineers.
Certificate of Survey, or full legal .description
Building plans(size, intended use of str otures; e>eterior finishes, floor
plans and efevations). 54
REVIEW PROCESS:
.1. Submit 15 copies of application and all supporting information to City
Zoning Administrator (minimum of 4 weeks prior to Planning Commission
Meeting).
Planning Commission (1st Tuesday of the month @7:00 p.rn: at Heritage
Half, Zoning Administrator schedules public
hearing date and provides information to .the W8
Press for time and place of hearing.)
3. City Council (3rd Tuesday of the month a 7:oD p.m.
at Heritage mall).
STANDARDS:
The City Council will approve a Conditional Use Permit only if the followirsg facts are
established:
"l. There will be no detraction from the appearance of adjacent properties, or
Town as a whole.. lei lure 5t 0v-9_r Soo ct LLM
f`cz.'2 � � �l r�Lt� r`r� l [�
2. Therein not !ae aesthetic incompatibility.- ncompatibility, W.11l t� trArj hoo
3. There will not be aural incompatibility (noise)- nos)
4: There will not be damage to vegetation. - Ylarie-
5. Traffic patterns will not be negatively affected. - no
6. There is no unnecessary loss of existing natural features. - r- o n e
ot v rlyl'-
7. Will not cause soil erosion. _ nD T ri SAMe -E1Je)rt(T f,nt Q=5 rr [A. Gar
8. Will not increase flood potential. r Y-) a
g. The proposal is consistent with. Comprehensive Plan and complies with
Other Ordinances.
DATE: May 259 2016.
RE: Temporary Dwelling Legislation --- Summary of Information from the League
of Minnesota Cities
1018cUssraiv
It appears.that the motivation for the new law is to provide transitional housing for
seniors. Specifically in the; event a grandmotherlgrandfath:er.nee.ds a .place .to. recuperate from
surgery. But the law has a broader effect. Anyone who needs assistance with two or more
instrumental activities of daily life for mental or physical reasons may be eligible to be housed
in this mariner.
Local governriments may opt out of this program if they determine that:this type of
expedited land use permitting for temporary dwellings is not well suited to their community.
This was according to the League and it is important that we discuss some, solid .rational.
The. League also advises, unless a City chooses not to participate in this program'by
passing an. ordinance specifically opting out, the law will require the city to issue permits to
qualified applicants:starting on September I, 2016. A permit can.be denied. for. appropriate
.cause. The law lists the information required and the requirements that may be considered in
that decision.
The League of Minnesota Cities. states the.following key components:
Creates a new type of perinit referred to .as a temporary dwelling.permit that has a six-
month duration, with an option to extend the. permit for six months.
i. Requires :that the permit be for a property where the caregiver or relative resides.
■ Allows. modular and manufactured housing (instead of just recreational vehicles) to use
this permit process as long as the unit meets all of the listed. criteria.
• Lists the criteria for: the structum and the information required in the permit,application.
■ Addresses sewer safety issues with required backflow valves and advance verification for
septic service contracts.
• Requires the inclusion of site maps showing where the unit will be placed and
notification of`adjacent neighbors prior to. application.
• Requires applications tospecify the individual authorized to live in the unit.
Applies the.permit approval process found in Minnesota. Statutes, section 15.99, but,
allows. the local government unit only 15 days to make a .decision on grating the permit.
(no extension). it waives the public hearing requirementand allows the clock to be
restarted if an application is deemed incomplete, as long as the applicant is notified of
how the application is incomplete within five days.. A 30-day decision is allowed if the
regular council meeting. occurs only once a month.
• Requires unit placement to nneet existing storrnwater; shoreland, setback, and easement
requirements.. A permit exempts the units only from accessory unit ordinances and
recreational vehicle parking. and storage ordinances.
• Sets a default permit fee level that may be replaced. by a local ordinance.
• Allows cities to pass an ordinance opting. out of using this new permitting. system.
The League is attempting to create a draft .ordinance.
ORDINANCE NO. 130
CITY OF Gem Lake
AN ORDINANCE OPTING -OUT OF
THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.3593
WHEREAS; on May 1:2, 201.6, Governor Dayton signed.into law the creation and regulation of
temporary fainiiy health care dwellings, codified at Minn. Stat. § 462,3593, which permit and
mgulatetemporary family health care. dwellings;
WHEREAS, subdivision 9 of Minn. Stat. §462.3593 allows cities to "opt out" of those
regulations;
THE CITY COUNCIL OF THE CITY OF Gem Lake, ORDAINS as .follows:.
OPT -OUT OF MINNESOTA STATUTES, SECTION 462.3593:
Pursuant to authority granted by Minnesota Statutes, Section 462.359.3, subdivision 9, the City
of Gem Lake opts=out ofthe requirements of Minn. Stat. §4623593, which defines and
regulates Temporary .Family Health Care Dwellings:
This Ordinance shall be effective immediately upon its passage and publication.
ADOPTED this Clay of , 2016, by the City Council
of the City of
CITY OF Gem.Lake
Mayor.
ATTEST:
William Short.
City Of`Gem Lake
Municipal Water and Sanitary Sewer System
Ordinance Number 129
Julyil, 2016
Municipal Water and Sanitary Sewer_ System. The City's municipal systems
consisting of lift stations, manholes; collection.piping, service piping, force
main., and associated appurtenances located within the public right -of way and
applicable easements shall be operated. as a public utility and convenience from
which revenue shall be derived, subject to the provisions of this chapter.. This
chapter shall be referred to as the City's Utility Regulations:
Compliance with Relzulatiuns. No person, firm or corporation shall connect any water
or sanitary sewer service to the municipal systems or make use. of the systems
except in the manner provided. in this chapter. All connections to or extensions
of the systems shall be. in accordance with. relevant portions.. of the Minnesota
Building Cade, Minnesota Plumbing.Code, and City of Gem Lake Standard
Details for utility construction.
Sanitary Sewer and Water Fund. There is also created and the City shall maintain on.
the official books and records of the City a sopar:ate and special fund to be
designated as the Sanitary Sewer Fund, and a special fund to. be: designated. as
the Water Fundwhich shall be held. andadministered by the City separate and
apart from all other funds until the purposes for its creation have been
accomplished.
Connections with Sewer Re uired.
(A) Existing Structures. Any buildings presently used or capable of being
used for human habitation or in which a toilet or other plumbing
facilities. for disposal of human waste is installed and located on
property adjacent to a sewer main,. or in the platted block through which
the system extends, shall be connected to the Municipal Sanitary Sewer
System within. one year from the date .on which. a cormection..is available
to such building. Where.the property owner has failed to connect to the.
sanitary sewer system. within ten years or within six months if the'septic.
system. fails, the following procedures shall be followed:
(1) The property owner shall be notified that it is the intent of the
City to connect the property to the sanitary sewer system and
assess the cost of connection against theproperty owner. The
notice shall be mailed by registered mail to the property address.
(2) The cost of the improvement shall include all. costs incurred by
the City in order to coiniect the property to the main. sewer fine
and
shall include City permit and connection charges which must be
submitted to the Metropolitan Council Environmental Services,
(B) New Structures. All buildings hereafter constiucted within the City on
property adjacent to a sewer main or in.a platted block through which
the Municipal Sanitary Sewer 5ystern extends, shall be provided with a
connection to the sewer system for disposal of all human waste before.
occupancy of the building shall be allowed or a certificate of
occupancy issued.
(C) Sewer Not Available. Where sewer is not available to a building, the
building shall be connected to and deliver waste to an individual
sewage treatment system.
Municipal.Sanitary Sewer System Char es. A portion of the cost of constructing and
maintaining the municipal sanitary sewer system shall be recovered by the
imposition of special assessments pursuant to Minnesota. Statute 429, a
connection charge, and a sewer availability charge (SAC) on behalf of the
Metropolitan Council.
(A:). Connection Charize. A connection charge, as determined from tune to
time by City Council. ordinance, shall be .collected. when housing units
are connected to the Municipal. Sanitary Sewer System. In addition,
before a connection permit will be issued, the City shall deterrnine that
one of the following conditions exist:
(1) The lot or tract of land to be. served by such. connection has been
assessed for the cost of construction of the sanitary sewer inain
with which the connection is made; or
(2) If no special assessment has been levied for. such construction
cost, the proceedings for levying the special assessments have
been or will be commenced and completed in due course; or
.Q If no special assessment has: been levied, and no special
assessment proceedings will. be completed in. due course, a suer
equal to the. portion of the: cost of construction of the sanitary
sewer main which would be assessable against said lot or tract
has been paid to the City; or
(4) If`none of the above conditions are met, no permit to connect to
any sanitary sewer main shall be issued unless the applicant'
shall pay an additional connection. fee which shall be equal to
the portion of the cost of construction of the said sanitary sewer
Train which would be specially assessed against said lot or tract
served by such connection. Said assessable cost is to be
determined by the: Engineer upon the same basis as any special
assessment previously levied against other property for said
main. If no special assessment has been levied, the assessable
cost will be determined upon the basis of the uniform charge
which may have been or which shall be charged for similar
connection with said sanitary sewer main.
(B) The Metropolitan Council has established sewer service availability and
connection charges (SAC) for all buildings constructed or connected to
the Metropolitan Disposal System.
Connections with Sewer Required.
(A) Existing Structures: Any buildings presently used or capable of being used
for hLunan. habitation or in which a toilet or other plumbing facilities for
disposal of htunan waste is installed and located.on property adjacent to a
water main, or in the platted block. through which the system extends, shall
be connected. to the Municipal Water System within ten years from the
date on which a connection is. available.'to such. building. Where the
property owner has failed to. connect to the water system within ten years
the. following procedures shall be followed:
(1) The property owner shall be -notified that. it is the intent of the
City to connect the property to the water system and assess the
cost. of connection against the property owner. The notice shall
bemailed by registered mail to the property address.
(2) The cost of the improvement shall include. all costs incurred by
the. City in order to connect the property to the main. water% line
.and shall include City pen -nit and connection charges which must
be submitted to the Metropolitan Council Environmental
Services.
(B) New Structures. All buildings hereafter constructed within the. City on
property.adjacent to a water line or in a platted block through which the
Municipal Water System. extends, shall be provided with a connection
to the water system before occupancy of the building shall be allowed
or a certificate of occupancy issued.
Municipal Water 5ystem Charges A portion of the cost of constructing and
maintaining the municipal water system shall be recovered by the imposition.
of special assessments pursuant to Minnesota Statutes 429, trunk water
facilities charges, and connection charges.
(A) Trunk Water Facility Charges. The trunk`water facility charge shall be.
collected when the property is platted, subdivided or otherwise
developed. These charges arerequired to be paid to the City prior to the
City accepting the lateral water mains, pipes and appurtenances
constructed by the property owner. The charge is. calculated as a lump
sum amount determined by multiplying a front foot charge, as
determined from time to time by the City Council ordinance, tines the
lineal feet of all streets. within or abutting the plat., subdivision or
development and shall be computed by the Engineer and paid by the
property owner to the City prior to the. issuance of any building.permit.
(B) Connection Charge. A connection charge, as determined from time to
time by City Council ordinance, shall be.. collected when housing units
are connected to the municipal. water system. In addition, before a
connection permit will be issued, the City shall determine that one of
the following conditions exist:
(1) T'he lot or tract of land to be served by such connection or tap
has been specially assessed for the cost of constructing the
water main and trunk water.systerms with which the cohnntion
is rnade; or
(2) If no special assessment has been levied for such construction.
cost, the proceedings for levying special assessments have been
or wiit be commenced in due course; or
(3) If no special assessment has been levied., and. no .special
assessment proceedings will be completed in due course, a sum
equal to the portion of the cost of constructing the water main and
trunk water system, which would be assessable against said lot or
tract, has been paid to the City; or
(4) If none of the above conditions are met, no permit to tap or
connect to any water main or trunk water system shall he issued
unless the applicant shall pay an additional connection fee which
shall be equal to the portion of the cost of constructing the water.
main and trunk water system which would be. assessable against
said lot or tract serviced. by the connection: The assessable cost
is to be detennined by the Engineer upon the same basis as any
assessment.previously levied against .other property for the water.
main and trunk.water system. If no. assessment has been levied,
the assessable cost willbe deterined upon the basis of the
uniform charge which may have been or which shall be charged
for similar tapping or connection with said main and trunk
system, determined on the basis of the total. assessable cost of
the water main and trunk water system, allocated on a. frontage.
basis,.plus the cost of service or services.
Connection Permits. A pennit must be obtained to connect to the municipal systems:
The connection permit fee., as established by Gem Lake City Council ordinance, shall be
submitted at ,the time of permit application. All permits for service installations sliall be
made by the owner of the property, or his duly authorized agent and shall state the size
and location of the service connection and all other information as required. The
applicant shall pay to the City prior to the issuance of the permit, the total amount of
fees or deposit required for the installation of the service connection as. Herein provided.
No permit shall be issued. except to a licensed plumber, ceitif ed. pipe Iayer, or
homeowner performing "work on. his or her oven premises. City inspections are required
for all. connections to, and extensions of, the municipal systems.
Statements for Water and. SanitaLry Sewer Use Char es.
(A) Water and Sanitary sewer use charges, as determined f -PM time to tune
by City Council ordinance. shall be. payable quarterly. Such. statements
shall be due and payable on. or before the first day of the second month.
following receipt of the billing: Where service is for less than.a
quarterly period., the quarterly charge shall be pro -rated on. a monthly
basis: . If a water meter is found to have been operating in a faulty
manner, the amount of water used will be estimated in accordance with
the amount used previously in comparable periods of the year.
(B) Penalties for Delirlqu_e_nt Pa,, ram. A penalty equal to 10% of the
amount due.. shall be added to accounts not paid in full on or before the
first day of the second month following the billing. period and to each
quarterly billing thereafter until the amount of the delinquent account
plus accrued penalty is paid in full or otherwise certified to the County
Auditor as a delirrquent.account;
(C) Annual Certification of Delinquent Accounts. Each year the City
shall prepare a list of delinquent service charge accounts, .including
accrued penalties thereon, in the form of an assessment roll. The City
Council shall annually review the delinquent service char ge
assessment roll and adopt an appropriate resolution. directing that the
assessment tall be certified to the County Auditor .as a lien against.
the premises served and directing -that the County Auditor collect the
assessment as part of the. ensuing year's tax levy.
Service Char es relating to Municipal Water Utili When actions or activities of
water customers require coordination with or a call out of City.utility personnel
(e.g. turning water supply on/off at curbs tops), a water service charge shall be
assessed to the utility account. When the call out.occurs outside of normal
business hours; it will be deemed an ernergency call out. The service .charges
for regular and emergency call outs will be established. by Gem. Lake City
Council ordinance.
Discontinuance of Water.Service.
(A) Conditions. The City reserves the right to discontinue service to
any consumer of the municipal water system whenever:.
(I) The owner or occupant. of the premises served, or any persons
working an any pipes or equipment thereon which are connected
with the water system, has violated or threatens to violate or
causes to be violated; any of the City's water utility regulations.
.2} In the judgment of the City or its designee, such action. is
necessary to protect the purity of the runicipal water supply or
the safety of the water system and/or life, health, or safety of its
consumers.
(3) Any charge for water, service, meter:, or other financial obligation
imposed on the present or former Owner or occupant of the
premises served, is. paid.
(4) Tl e owner or occupant of the premises served has made
fraudulent statements or misrepresentations in connection with an
application for service.
(5) The property is unsecured. and/or vacant.
(B) Procedure. Prior to shut off, the property will be posted, and the owner
and/or occupant of the. property shall. be mailed notice to the last address
shown on the. application on file with the City and current billing:
statements. Said notice shall advise the owner and/or:occupant of the
reason for the proposed shirt off and that. a hearing may be requested in
writing within ten (10) days of the date shown on the notice given to
theta. It shall further provide that failure to request a hearing in writing,
to the City shall be. deemed a waiver and that the water will be shut off
upon the expiration of the ten. (10) days.
Authorized Water.Shut Downs. The City shall not be liable for any deficiency or
failure in the supply of water to consumers, wliether occasioned by shutting the
water off for the purpose of making repairs or connections; or from any other
cause whatever. In case of fire; or alarm of fire; water may be shut off to
insure a. supply for firefighting: When making repairs to existing infrastruoture
or construction of new infrastructure, water may be shut of:at any time and
kept shut off as long as necessary.
Maintenance "of Service Pive. It shall be the responsibility of the consumer or owner to
maintain the service pipe from the curb box into the house or building. In the
case of failure upon. the: part of any consumer or owner to repair any leak
occurring in the pipe within. twenty-four (24) hours after, verbal or written
notice by the City thereof, the water will be shut off. When the waste of water
is great, or when. damage is likely to result from the leak, water may be turned
off immediately pending repairs.
Treatment of Prohibited Wastes. Where it is determined that any waste discharged or to
be discharged has certain characteristics or elements which are or may be
harmful to the structures, processes, or operation of the sanitary sewer system
Or persons operating it, such discharge shall be discontinued. or the waste shall
be treated prior to its discharge into the system in a mariner which will
eliminate such characteristics or elements.
Surface or Ground Water. It shall be.unlawful for any owner, occupant, or user of any
premises to direst into or allow any storm water, surface water, ground water,
well water, or water.from industrial or commercial air conditioning systems to
drain into the. City's sanitary sewer system. Roof drains; foundation drains,
sump pumps; and other forms of surface drainage shall not be connected to or
discharged to the sanitary sewver.systen�. The City shall. periodically perform
Inflow and Infiltration (I&I). inspections. to verify that connections to the OW s
sanitary sewer systein are in compliance with the provisions: of this .section.
Prohibited Waste Dischar e.
(A) No person shall discharge, cause, or allo�v to lie discharged into the
sanitary sewer system, any waste containing concentrations iri excess
of the following:
Pollutant
Limitations Maximum for any operating
da j Cadmium
2.0 mg/1
Chromium, total
8.0
rxigll Copper
6.0
rngll
Cyanide, total
4.0.rngll
Lead.
1.0 mgll
Mercury
0.1 mgll
Nickel
6.0 mgll.
Zinc
8.0 mg/1
Temperature
150OF (65°C)
PH
5.00-10.04
(S) No Person shall discharge, cause, or allow to be discharged into the
sanitary sewer system any wastes which contain any of the
following:
(1) More than 100 mgll of fats, wax, grease or oils. (hexane soluble),
whether emulsified of not, or containing substances which may
solidify or become viscous at temperatures between 32 degrees and
150 degrees Fahrenheit (0 and 65 degree centigrade) at the point of
discharge iiato the sewer system.
(2) Liquids, solids, or gases which by reason of their nature or quantity
are or may be:sufficient to cause fire or explosion or be. injurious in.
any other way to the san'itary:sewer system or to the operation of the
system. At no time. shall two successive readings.on..an explosimeter;.
at the point.of discharge into the sewer system., be more than five
percent. nor any single reading over ten percent of the lower explosive
Iimit (L,E.L.}.
(3) Any noxious or malodorous solids, liquids or gases, which either
singly or by interaction with other wastes, are capable of creating a
public nuisance or hazard to life, or are or may be sufficient to
prevent entry into a sewer for its maintenance and repair.
(4) Any toxic substance, chemical. elements or compounds in. quantities
sufficient to interfere with the. biolo gical.processes of efficiency of
treatment works; or that will pass through a treatment works. and.
cause the. effluent therefrom or the water.into which it is discharged,
to fail to meet applicable state or federal. standards.
(5) Garbage that has not been ground or'coirmniirruted to such a degree
that all particles will be carried freely in suspension under flow
conditions normally prevailing in public sewers, with no particle
greater than one-half inch in any dimension.
(d) Radioactive wastes or isotopes ar such half life of concentrations that
they are in nortcompliance with present. or future regulations issued
.by the appropriate authority having contral'over their use: and which
will or may cause damage or hazards to the system or persoruiel
operating it.
(7) Solid or viscous wastes. which will or may cause obstruction to the
flow in a sewer, or'other interference with the proper operation of any
dispo"sal system, such as grease, uncomminuted garbage, animal guts
Or tissues; paunch inanure� bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders,. sand, spent lime, stone or
marble dust, metal, glass, straw, shavings,. grass. clippings;
tags, spent grains, spent hops, waste paper,. wood, plastic., gas,
tar, asphalt, residues from refining or processing of fuel or
lubricating. oil, gasoline, naphtha, and similar substances.
(8) Any waste from.septic tanks or similar facilities.
(9) Any mineral acids, waste acid pickling or plating liquors fi•orn
the pickling or plating or iron, steel, brass., copper or chromium,
or any other dissolved or solid substances which will or may
endanger health or safety, or attack or corrode any part of the.
sanitary sewer system.
(10) Liquids or vapors having a temperature higher than 150
degrees Fahrenheit immediately prior to 'discharge into the
sewer system.
' (11) Phenols or other taste or odor -producing substances in
concentrations which will or may cause the effluentfroin the
treatment works or the water into which it is discharged to fail
to meet applicable state or federal standards.
(12) Materials which exert or cause:
(a) Unusually high concentrations of inert suspended solids
or of dissolved solids,
(b) Excessive discoloration.
(c) Unusually high ,voluine of flow or concentration`of
waste exceeding five times the average daily
concentration of flow during normal operation.
(13) Unusual.ly high concentrations of suspended solids, BOD, COD,
or chlorine requirements, in such quantities as to constitute a
significant load on the treatment works.
(1.4) Any substance which:is not amenable to treatment to reduction
by the type of sewage treatment.processes employed to a
degree sufficient to permit the. effluent from the treatment
works and the water into which it is discharged to meet
applicable. state and federal standards. If prohibited waste is
discharged into the. systems the offending party shall pay for all
clean up and be fined an additional 25% of the clean up charge:
If.payment is not made, the Financial Officer will certifi to the
County Auditor as a lien against the premises served,and
directing that the County Auditor collect. the assessment as part.
of the ensuing year's tax levy.
Waste Trap and Separator .. nil, grease., and.sand waste traps and separators shall. be
installed for the proper discharge of waste water containing: excessive amounts
of oil, grease, sand, or flammable liquids when required by the Minnesota.
Plumbing. Code., Minnesota Rules; Chapter 4715, the Regional Administrator of
the Metropolitan Council, or when the city determines such.traps.or separators
are necessary. Waste: traps and separators .shall be maintained in efficient
operating conditions by the owner and at the owner's expense; through the
periodic.removal. of any accumulated residue. If a trap or separator is not
properly maintained, the city may have the system, including affected city
sewers, cleaned at the: owner's expense.
Tampering With Municipal Systems is Prohibited. No person shall maliciously, willfully,
or negligently damage, destroy, uncover, deface, or tamper with any part of
the Municipal Sewer or Water Systems.
Cross -Connection Control. Cross -connection between the municipal water system and
other systems, private.Nvells, or equipment containing water. or other
substances of unknown or questionable safety are prohibited, except when and
where, as approved by the City, suitable backfiow prevention deices are
installed, tested, and maintained to ensure proper operation on a continuing
basis as per the following requirements:
(A) A backflow prevention device is to be owned, tested,. and maintained
by the customerlownOr of the premises being served.
(B) Installation, maintenance, and testing of backflow preventers shall
be according to the State. of Minnesota Plumbing Code.
(1) It is required that reduced pressure zone backflow preventers be
tested annually and overhauled. at intervals not to exceed five
years, Testing shall be performed by a qualified bacl(flow tester:
A licensed plimber qualified in backflow testing shall perform
all internal. maintenance to the device. Test results shall be
furnished to the City.
(2) A person who is. recognized by the Minnesota Department of
Health as a backflow preventer tester is considered by the City to
test backflow preventers. and certify them to. be functional.
(C). Failure to comply with the provisions of this section. shall be cause
to discontinue water service,
Water Use Restrictions.. A sprinkling ban is adopted in order to encourage
water conservation, and to unsure availability of an adequate supply ❑ f City
water without incurring unnecessary capital expenditures.
(A) Water Use Restriction. Except as hereinafter provided, the watering of
lawns, gardens,. and shrubs is prohibited From May 15 through
September 15 annually.
(1) Exceptions.
(a) Property with odd numbered postal addresses may water
on odd numbered days.
(b) Property with even numbered postal. addresses may
water on even numbered days.
(c) Private;wells may be used on.any day.
(d) Watering newly sodded or seeded yards is allowed
upon a receipt of an exemption permit from the Public.
Works Department for a period of two weeks.
(e) Attended watering of plants, shrubs and gardens may
be watered by hand on any day.
(B) Enforcement. Violations ofthe water use restrictions will result in a
warming letter for first violation,. andthe.iiriposition of administrative
fines that will be reflected on the next utility bill or in the issuance of a.
citation in accordance: with adopted Council ordinance.
(C) City Council Resolution. During dry weather periods,:the City Council
may impose additional restrictions on the use of City water by the.
adoption of an appropriate resolution. Any violation of the water
restriction resolution:shall be referred to the City Attorney for
prosecution as a misdemeanor,
Private Wells. The use of private wells may continue after connection is made
to the water system, provided there is no means of cross -connection between
the private well and the municipal supply at any time. Hose bibs that will.
enable a cross connection of the two systems are prohibited on internal and
external piping. The threads on. the boiler drain of the well volume tank shall: be
removed or the boiler drain hose bib replaced with a sink faucet. When both.
private and City systems are.in use, outside hose, bibs shall not be installed on
piping. connected to the municipal system.:
❑ eration of Fire Hydrants.. No person other than authorized City employees.
shall. operate fire hydrants or interfere in any way with. the water system
without first obtaining a.permit to do. so from the City, subject to the following
conditions:
(A.) Permit. A hydrant meter permit to use a fire hydrant for the purpose
of purchasing water from the .City is required. The permit.. shall state
the applicant's name and address, phone number, location of the
work site; and type of work being conducted.
(B) Deposit. The applicant shall be required to rnake.a deposit, as
determined by City ordinance, to guarantee payment for water: used and
to cover breakage and/or damage to. the hydrantor. `rrieter. Charges will
be deducted from the deposit, and a billing. or refund will. be generated,
(C) Charges. The applicant shall pay rental charges for each thirty-day-
period or fraction thereof,. and water use .charges as determined by City
Council ordinance.
Water Service Contractors. A license is required. All water service work
shall be performed by certified contractors licensed by the appropriate. State
authority; This section shall not apply to homeowners performing work on
their own premises.
Water Meters. Except for extinguishing of fire; no person except
authorized City eiriployees shall use water from the: water supply system or
permit water to be drawn therefrom unless the same be meteredby passing
through a meter supplied or approved by the City. Only persons authorized
by the City shall connect, discoimect, take apart, or in any manner. change or
cause to be changed, or.interfere with any such meter or the action thereof.
(A:) Charge. At the. time of the initial connection to the municipal water
system, a charge for water meters .shall be paid to the City by
customers before delivery of the water meter for installation. Said
charge shall be determined by City Council ordinance.
(B) Maintenance. The City shall retain ownership of water meters and shall
be responsible for standard maintenance and repair. Costs associated
With replacement, repair, or adjustment of a meter due: to any act,
carelessness, or neglect of the owner:or oceupmmts of the premises shall
be charged against and.collected from.the water consumer. Water
service may be discontinued until the cause is corrected and the amount
charged is collected.
(C) Testing; Upon written request, the City will re -read water meters and
test the meter for accuracy, if necessary. In. case a test should show an
error of over five percent of the water cansurned in favor of the City,.a
correctly registering meter will be installed and adjustments to water
billing statements will be considered.. In. case the test shows an accurate
measurement of water or an error in favor of the consumer, the expenses
of snaking such a test, and the additional costs, if any, will be included
on the next quarterly statement. The meter testing charges will be
established by City Council ordinance.
(D) City Access. Authorized City employees shall have access at
reasonable.hours of the day to all buildings and premises.. connected to
the municipal water system for the purpose of maintenance of water
meters without charge to the. water consumer. In the event the. water
consumer denies authorized City employee access, the water consumer
will, at their own cost, ;provide for meter replacement or maintenance by
a licensed pluinber., and said licensed plumber shall be required to
provide documentation to. City as to validity of the work performed.
Certain Connections Prohibited. No buildings located on property lying outside.the
limits of the City of Gem Lake shall be connected to that portion of the.
systems of the City discharging into the Met Council Sanitary sewer system,
except that the City may permit the installation; maintenance, and operation of
a sanitary sewer service connection between its public sewer system and the
following described. real property, lying beyond the corporate limits of the
City, and situated in the CityNitlage of , County of Ramsey, -
State of Minnesota, to -wit:
The connection of any of the above -described areas of the sanitary sewer
.system of the City is dependent upon express authorization for such
connection being obtained frorn the City Council.
Maintenance of Sever Service.
(A) Liability. The City assumes ownership of the sanitary sewer: service
from the main collector line to the connection. if based on an
inspection by the City this portion of the sewer.. service requires repair
the City shall assume all costs associated with.the repair. The owner of
the premises shall be liable for all repairs required to. the portion of the
sewer service from the connection point to the residence.
(B) Maintenance. The owner of the premises is responsible to maintain.
the sewer service.froin the main collector to the residence in
functioning condition..
.City Access. Authorized City employees shall have access at reasonable hours of the
day to all buildings and premises connected to the municipal sanitary sewer
system for the purpose of infiltration and inflow inspections without charge to
the sanitary sewer consumer. In. the event the sanitary` sewer consumer denies
authorized City employees access, the sanitary sewer consumer will, at their
own cost, provide for infiltration and inflow inspections by:a licensed plumber,
and said licensed plumber stall be. required to provide doctunentation to City
as to validity of the work performed.
Non -Compliance Surchar e: A quarterly surcharge,. as determined by City Council
ordinance, shall be added. to the utility billing. statement for a property
where:
(A) An inspection has not been allowed or certification provided within
30 days after notice by the City.
(B) The .necessary installations, inspections, and/or repairs have not
been made within the time specified.
A surcharge will be added for every qual Ler during which the property .is .not in.
compliance, whether the non-compliance has been for the. entire quarter or a
portion thereof.
Water Service Lines. In order to eliminate a health or safety hazard from private
property; the City is authorized to. install or repair water service lines from. a
City water main to a private dwelling or to contract for such work. The cost of
installing orrepairing water. service lines may be: specially assessed against the
benefited property and the City may issue obligations to defray the expense of
such work all pursuant to the provisions of Minnesota Statutes Chapter 429 and
its subdivisions.