HomeMy WebLinkAbout2012 07-17 CCPCity of Gem Lake, MN
City Council Meeting
July 17, 2012
Call To Order of City Council Meeting — By Mayor Uzpen at 7:_P.M.
Call of Roll
Uzpen Artig-Swomley Lindner Rasmussen Bosak
Others in Attendance: Sign-up Sheet
Approval of City Council Minutes and Agenda
• City Council Agenda for this meeting (Accept Agenda)
• Minutes of the City Council Meeting for May and June
• Minutes from the Planning Commission Meeting for June accept approved minutes
Committee Reports
• Planning Commission Report
Old Business
• News Letter Ideas
Public Hearing
• Public hearing for Ordinance 126 chickens/fowl
o Summary Ordinance for 126
New Business
• Ordinance 125 Watershed Regulations
• Four Seasons Probation
• Discuss 2013 City Budget
o Sheriff's bill
o Road repairs
o Other Items
• Claims for July 2012
• Approval of the elections judges for the Fall election.
• Monthly Financial Reports
• Presentations from the public, five minutes maximum presentation
• Open Items for the Council Members to bring up.
Future Council Meetings
• Next Workshop Meeting, Aug 13 at 7:00 P.M.
• Next City Council Meeting, Aug 21 at 7:00 P.M.
Adjournment
0 The meeting adjourned at
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 125
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF GEM LAKE TO
REPLACE SECTIONS 21 AND 22 RELATING TO GEM LAKE WATERS,
WETLANDS, SHORELANDS, EROSION CONTROL AND STORMWATER
MANAGEMENT.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. AMENDMENT. Section 3.2 of Ordinance 43K (Definitions) is amended, as
follows (deleted text s#fue-1thfetigh, new text underlilied):
ALTERATION OR ALTER — When used in connection with public waters or
wetlands is any activity that will change or diminish the course, current or cross-
section of public waters or wetlands.
BEST MANAGEMENT PRACTICES OR BMPS — Techniques proven to be
effective in controlling runoff, erosion and sedimentation including those documented
in the Minnesota Construction Site Erosion and Sediment Control Planning
Handbook (BWSR, 1988); Protecting Water Quality in Urban Areas (MPCA, 2000);
the Minnesota Urban Small Sites BMP Manual (Metropolitan Council 2001);
Minnesota Stormwater Manual (MPCA, 2005); and other sources as approved by the
VLAWMO: as such documents may be amended, revised or supplemented.
BEST MANAGEMENT PRACTICES CTICESS (B Ps) e o ..td sedifnent eentr-el
of ee tr-ellinig, -preventing, and—minifnizing degr-adafien ef stwfaeeweAe ••1••• i*g
eeenstfuefien phasing,
e
and ether- management pr-aefiees published by state er- desig
a) individual BMPs found in this seefien are deser-ibed in the euffent YeFsie
ether-semees. ewever-, they o and ..t least as
effeetive and-str-ingent as--N4PGA's BAWs. (Other- seumes inelude
manufaeWr-efs specnieafiefts, QtBrm Water-
Plans and Best N4a
D t' e U.S. C enffi t .etee ien Ageney 1992, and Eresie.., lie t el
et
1993*.
e e
BIOENGINEERING — The use of live plantings in constructed features to stabilize
streambanks and shorelines.
CONSTRUCTION ACTIVITY — Disturbance to the land that results in a change in
the topography, existing soil cover (both vegetative and non -vegetative), or the
existing soil topography that may result in accelerated stormwater runoff, leading to
soil erosion and the movement of sediment into surface waters or drainage systems.
'AFAVIOWN01jer"Mrs
OWN,.
DEAD STORAGE — The permanent pool volume of a water basin, or the volume
below the runout elevation of a water basin.
DETENTION BASIN — Any natural or manmade depression for the temporary
storage of runoff.
DEVELOPMENT — The construction of any Rublic improvement proiect,
infrastructure structure, street, or road, or the subdivision of land.
DEWATERING — The removal of water for construction activity
DRAIN OR DRAINAGE — Any method for removing or diverting water from
waterbodies including excavation of an open ditch, installation of subsurface
drainage tile, filling, diking or pumping.
ENERGY DISSIPATION — Methods emploved at pipe outlets to prevent erosion
including but not limited to concrete aprons, riprap, splash guards, and gabions.
EROSION — The wearing awl of the ground surface as a result of wind, flowing
water, ice movement or land disturbing activities.
EROSION AND SEDIMENT CONTROL PLAN — A plan of BMPs or equivalent
measures
County, Regienal, State ef Mi . ' 1 Federal guidelines that includes all
proposed alterations to real property and the methods to be employed before
undertaking the proposed alterations to
ef sher-elands, wetlands, and water -shed areas, streets and by ways, and adjaeent.
control runoff and
erosion and to retain or control sediment on land during the period of land disturbing
activities.
EXCAVATION — The artificial removal of soil or other earth material.
EXTRAORDINARY MANAGEMENT PRACTICES OR REDUNDANT BMP —
A stormwater management practice to control erosion and sedimentation and nutrient
loading and for two (2) years after construction using redundant Best
Management Practices.
FILL — The deposit of soil or other earth material by artificial means.
FILTRATION PRACTICE — A stormwater control that captures, temporarily
stores and routes stormwater runoff through a filter bed to improve water quality. as
described in the Minnesota Stormwater Manual, 2005, and as amended.
FLOODPLAIN — The area adjacent to a waterbody that is inundated during a 100-
year flood.
GROUNDWATER RECHARGE — The replenishment of groundwater storage
through infiltration of surface runoff into subsurface aquifers.
HYDRIC SOILS — A soil that formed under conditions of saturation, flooding or
ponding long enough during the growing season to develop anaerobic conditions in
the upper part.
INFILTRATION PRACTICE — A stormwater retention method for the purpose of
reducing the volume of stormwater runoff by transmitting a flow of water into the
ground through the soils as described in the Minnesota Stormwater Manual, 2005,
and as amended.
INFRASTRUCTURE — The system of public works for a county, state, or
municipality including but not limited to structures, roads, bridges, culverts,
sidewalks,• stormwater management facilities. conveyance systems and pipes; pump
stations sanitary sewers and interceptors, hydraulic structures, permanent erosion
control and stream bank protection measures water lines, gas lines, electrical lines
and associated facilities, and phone lines and supporting facilities.
LAND DISTURBING ACTIVITY — Any change of the land surface to include
removing vegetative cover excavation, fill, grading, stockpiling soil, and the
construction of any structure that may cause or contribute to erosion or the movement
of sediment into water bodies. The use of land for new and continuing agricultural
activities shall not constitute a land disturbing activity under these Policies.
MPCA GENERAL CONSTRUCTION PERMIT — General Permit Authorization
to Discharge Stormwater Associated With Construction Activity Under the National
Pollutant Discharge Elimination System/State Disposal System Permit Program
Permit MN R100001 (NPDES General Construction Permit) issued by the Minnesota
Pollutant Control Agency, August 1, 2008, and as amended.
NONPOINT SOURCE — Nutrient and pollution sources not discharged from a
single point e.g. runoff from agricultural fields, feedlots or urban landscapes.
NON -DEGRADATION — Section 303 (Title 33 of United States Code [U.S.C.I
1313) of the Clean Water Act (CWA) requires states and authorized tribes to adopt
water quality standards for waters of the U.S. within their applicable jurisdictions to
maintain their chemical physical and biological integrity. No significant increase in
stormwater runoff or pollutant loads from 2005/2006 numerical standards is
permitted.
NORMAL WATER LEVEL — For a reservoir with a fixed overflow, means the
lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly
or partly by movable gates, siphons or other means, it is the maximum level to which
water may rise under normal operating conditions, exclusive of any provision for
flood surcharge. For a closed depression wetland, it is the maximum level to which
the water may rise under normal precipitation conditions exclusive of any provision
for flood surcharge.
NURP — The Nationwide Urban Runoff Program developed by the Environmental
Protection Agency to study stormwater runoff from urban development.
ORDINARY HIGH WATER LEVEL - as defined by the Minnesota Department of
Natural Resources means the boundary of water basins, watercourses, public waters,
and public waters wetlands, and:
1 The ordinary high water level is an elevation delineating the highest water
level that has been maintained for a sufficient period of time to leave evidence
upon the landscape commonly the point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial;
2. For watercourses, the ordinary high water level is the elevation of the top of
the bank of the channel; and
3. For reservoirs and flowages, the ordinary high water level is the operating
elevation of the normal summer pool.
PRE -DEVELOPMENT CONDITION — The land use on a site that exists
immediately prior to a proposed alteration All pre -development Runoff Curve
Numbers must reference the Minnesota Hydrology Guide.
PUBLIC WATERS — Any waters as defined in Minnesota Statutes, section
103G.005, subdivision 15.
REDEVELOPMENT - The rebuilding, repair, or alteration of a structure, land
surface, road or street, or facility.
RETENTION - The prevention of direct discharge of stormwater runoff into
receiving water-, examples include systems which discharge through percolation,
exfiltration and evaporation processes and which generally have residence times less
than three days.
RUNOFF - Rainfall snowmelt or irrigation water flowing over the ground surface.
SEDIMENT - The solid mineral or organic material that is in suspension, is being
transported or has been moved from its original location by erosion and has been
deposited at another location.
SEDIMENTATION - The process or action of depositing sediment.
t .1 'th .. the ., 1,igh water- mark of . Sh fi ij.......o
evazv.
C O - i A D MPACT CT PLAN N A plan detailingeuffent and future use e
Sher -elands and the petential it:npaet ef said uses; an assessment of euffent and f�tuf-e
human and animal lj C1IILLir'QS'RAGJLI'ICCIesand eavirenmental quality.
SHORELINE - The mean ordinary high water level maw of the body of water
known as Gem Lake and any lake, pond, or flowage in the City of Gem Lake as
determined by a federal, state, regional or local regulatory agency with the authority
to make such determinations, along with all wetlands attendant to each body of water.
SOIL TREATMENT SYSTEM - A system where sewage effluent is treated and
disposed of into the soil by percolation and filtration and includes trenches, seepage
beds drainfields. at -grade, systems, and moundsystems.
STABILIZED — Exposed soil is considered to be stabilized when it has been
adequately covered through temporary measures (e mulch staked sod riprap
erosion control blanket or other material that prevents erosion from occurring), or
permanent vegetation has been established over 70% of the surface.
stich fts mulelt, suAted sod, rip rap, weed fiber blanket, or ether mmerift! thftt pr
STORMWATER FACILITY — Any facility including, retention and detention
ponds wetlands reservoirs impoundments, infiltration practices, filtration practices,
conveyance systems, and connecting, infrastructure that are constructed for or serve
the purpose of stormwater management.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A site-
specific, written document that: identifies potential sources of stormwater pollution at
the construction site; describes practices to reduce pollutants in stormwater discharges
from the construction site; and identifies procedures the operator will implement to
comply with the terms and conditions of a construction general permit.
STORM WATERPOLLUTION UTION PREVENT -!ON PLAN (SWPP) __ _ _ plan c.._
storm witter eliseliftrge that ineludes ere ft measmes ftmd sediment eentrals that-,
poRution. For the purposes of this
/� ��_�`. ,
CVntrel Ag'ener.
SUBWATERSHED — A portion of land contributing runoff to a particular point of
discharize.
SURFACE WATER — All streams, lakes, ponds, marshes, wetlands, reservoirs.
spring. rivers, drainage systems, waterways, watercourses, and irrigation systems
whether natural or artificial, public or private.
TOTAL MAXIMUM DAILY LOAD (TMDL) — A Total Maximum Daily Load, or
TMDL is a regulation designed to improve water quality by controlling the amount
of a pollutant entering a water body.
ULTIMATE CONDITIONS — The physical. topographic. and hydrologic
characteristics of a subwatershed upon completion of the maximum level of expected
development.
UTILIZE BASIN — Documented stormwater management structures designated
strictly for treating and retaining stormwater.
WATERS OF THE STATE — All stream, lakes, ponds. wetlands. watercourses.
waterways. wells, springs, reservoirs, aquifers, irrigation systems, drainage systems
and all other bodies or accumulations of water, surface or underground, natural or
artificial public or private, which are contained within, flow through, or border upon
the state or any portion thereof. Streams include both intermittent and perennial.
WETLAND — Any wetland as defined in Minnesota Statutes, section 103G.005.
subdivision 19.
WETLANDS 1 Art itren where "ter stands neftr, ftt or above the soA surkee during ft
A) Vegetation belonging to t�e marsh (emergent ft9ttatie),
shru
> fen, sedge ffieftdow,
land, md northern iewlftnd forest (eer�� sw*mp) (These ee
:7 and 8 deseribed by the United States Fish
>>„
*nd IMId : c_ S .ems, Gireulftr3, , "Wedands eF the'
ffitic*
Swamps,G) SeiA which is wttter leWd or eovered with wftter at least three (3) menEhs of the yen.
ber, > wet meadows,
swamps,property ma)- be shftllew wftter bodies, die wftters of whieh ftre stagnant or aetuftted by ver)
feeble eurrents, ftnd rnfty be at times suffleiendy d —ifte, but would require
WETLANDS 2 (Seetien 22) is defined itt Nfinn. R. 7050.0139, sttbp. F. and includes these
and sin�ftr ftreas. Constructed wedftnds designed for wastewater
, begs,
treatment are not wftters of dte stftf . Wedands ,ems_.. the r_n_._.:__ _.._:t_....
varcg muivucc.s-
SECTION 2. AMENDMENT. Delete Sections 16.10 (Land Reclamation), 16.11 (Mining), and
18.12 (Drainage and Lot Flooding) in their entirety.
SECTION 3. AMENDMENT. Delete the current Section 21 (Regulation of Gem Lake
Waters, Wetlands and Shorelands) and replace with the following:
SECTION 21— SHORELANDS AND WATERS
21.1 General Provisions.
2.1.1 Shoreland District. The land use regulations in this Section shall apply to any
land in the City of Gem Lake located within a floodplain, within 1,000 feet of the
Jordinary high water mark of a public water or public waters wetland, including but not
limited to the body of water known as Gem Lake and its attendant wetlands, or within
300 feet of a stream or river. The regulations of this Section shall apply in addition to the
provisions of the zoning district applicable to the property, the Flood Hazard ordinance of
the city (No. 114), and other ordinances of the City.
2.1.2 Wetland Conservation Act. The City of Gem Lake has delegated its authority
under the Minnesota Wetland Conservation Act of 1991 and attendant rules to the
Vadnais Lake Area Watershed Management Association (VLAWMO). All requests for
permits, review or approval required by the Wetland Conservation Act must be submitted
to VLAWMO as the acting Local Government Unit.
2.1.3 Applied in Concert with Other Law. These regulations and requirements shall
be in addition to those imposed by Federal and State law, regional and local water
management regulations, and city ordinances, all of which shall jointly apply. Under joint
application, the most restrictive requirements shall apply.
21.2 Shoreland Use Controls.
21.2.1 Policy. Intact, vegetated and stable shorelines and streambanks provide
valuable functions to Gem Lake and other water resources in the City including
prevention of erosion, reinforcement of soils through root structure, trapping of nutrients
and sediments, and provision of fish and wildlife habitat. Gem Lake is a Natural
Environment lake under the criteria established by the Department of Natural Resources.
21.2.2 Minimum Lot Size and Setback Requirements. All lots created and structures
erected in a shoreland district following the enactment of this Section must meet the
criteria established in the underlying zoning district. No variance shall be granted, or
other approval given, which allows the creation of a lot in a shoreland district that is less
than 80,000 square feet in area (measured above the ordinary high water mark of the
water body), or less than 200 feet in width. No structure, other than water -oriented
accessory structures managed by this Section, shall be placed within 150 feet of the
ordinary high water mark of the water body. The maximum lot coverage by buildings and
impervious surfaces is 25%.
21.2.3 Accessory Structures and Facilities. All accessory structures and facilities,
except those that are water -oriented, must meet or exceed structure setback standards. If
allowed by local government controls, each residential lot may have one water -oriented
accessory structure or facility located closer to public waters than the structure setback if
all of the following standards are met:
a. The structure or facility must not exceed ten feet in height, exclusive of safety
rails, and cannot occupy an area greater than 250 square feet. Detached decks
must not exceed eight feet above grade at any point.
b. The setback of the structure or facility from the ordinary high water level must
Jbe at least ten feet.
c. The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased
setbacks, color, or other means acceptable to the local unit of government,
assuming summer, leaf -on conditions.
d. The roof may be used as a deck with safety rails, but must not be enclosed or
used as a storage area.
e. The structure or facility must not be designed or used for human habitation and
must not contain water supply or sewage treatment facilities.
f. Any accessory structures or facilities not meeting the above criteria, or any
additional accessory structures or facilities must meet or exceed structure setback
standards.
21.2.4 Stairways, lifts, and landings. Stairways and lifts are the preferred alternative
to major topographic alterations for achieving access up and down bluffs and steep slopes
to shore areas. Stairways and lifts must meet the following design requirements:
a. Stairways and lifts must not exceed four feet in width.
b. Landings for stairways and lifts must not exceed 32 square feet in area.
c. Canopies or roofs are not allowed on stairways, lifts, or landings.
d. Stairways, lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and built in
a manner that ensures control of soil erosion.
e. Stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water
assuming summer, leaf -on conditions, whenever practical.
f. Facilities such as ramps, lifts, or mobility paths for persons with physical
disabilities are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of (a) to (e) are complied with.
21.2.5. Decks. Except as provided in section 21.2.3, decks must meet the structure
setback standards. Decks to be added to structures existing on the date the shoreland
structure setbacks were established by ordinance may be allowed without a variance, if
all of the following criteria and standards are met:
a. thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure;
b. the deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing shoreline setback of the structure from the ordinary high
water level or does not encroach closer than 30 feet, whichever is more restrictive;
and
c. the deck is constructed primarily of wood, and is not roofed or screened.
21.2.6 Driveways and parking areas. Driveways and parking areas must meet all
applicable structure setbacks, and must be designed to take advantage of natural
vegetation and topography to achieve maximum screening from view from the water
body. Access ramps and approach roads are not allowed in the structure setback area
surrounding Gem Lake.
21.2.7 Shoreline alteration. Alterations of vegetation and topography in a shoreland
district is controlled to prevent erosion into public waters, fix nutruents, preserve
shoreland aesthetics, preserve historic values, prevent bank slumping, and protect wildlife
habitat.
a. Removal or alteration of vegetation is limited to the amount necessary to
construct an approved structure, and to maintain the health of the vegetation,
provided that no such removal or alteration shall substantially reduce the
screening of structures, vehicles and other facilities as viewed from the water.
This provision shall not restrict the removal of trees, limbs or branches that are
dead, diseased, or pose safety hazards, or the removal of buckthorn and similar
invasive species identified by the Minnesota Department of Natural Resources.
b. Any application for new construction in a shoreland district must include a Tree
and Vegetation Preservation Plan which, in addition to the requirements of
Ordinance No. 66, includes an inventory of all vegetation affected by the
construction and a plan for preservation, relocation, or replacement of the
vegetation.
b. Use of fertilizer and pesticides in a shoreland district must be done in such a
way as to minimize runoff into the water body.
c. No grading, filling, or other topographical alteration shall be allowed within 50
feet of the ordinary high water mark of the water body, with the exception that the
Zoning Administrator may approve the installation of clean beach -type sand in
this area, in accordance with DNR regulations, after review of an installation plan.
d. Any grading or filling anywhere else in a shoreland area involving movement
of more than 50 cubic yards of material requires a grading and filling permit. If
the grading or filling is to take place in a wetland, VLAWMO review and
approval must be obtained before the City can issue a permit. In addition to any
other requirements, grading and filling activity in shoreland areas must also meet
the following criteria:
1. Alterations must be designed and conducted in a manner that ensures only
the smallest amount of bare ground is exposed for the shortest time possible.
2. Mulches or similar materials must be used, where necessary, for temporary
bare soil coverage, and a permanent vegetation cover must be established as
soon as possible.
3. Methods to minimize soil erosion and to trap sediments before they reach
any surface water feature must be used.
4. Altered areas must be stabilized to acceptable erosion control standards.
The use of bioengineering is encouraged as an alternative to engineered
stabilization techniques. Retaining walls are to be used only when there is no
adequate stabilization alternative.
5. Fill or excavated material must not be placed in a manner that creates an
unstable slope.
6. Any alterations below the ordinary high water level of the water body must
be approved by the Department of Natural Resources.
21.2.8 Nonconforming uses. In addition to the regulations of this ordinance applicable to
nonconforming uses generally, in a Shoreland district the following shall apply:
a. An extension, enlargement or alteration of an existing lawful non -conforming
structure or facility may be permitted on the side of the structure or facility facing
away from the water body.
b. An improvement to an existing lawful non -conforming structure or facility may
be allowed to extend parallel to the shoreline when the improvement is otherwise
in compliance with the dimensional and setback requirements of this Ordinance.
c. Exterior decks attached to an existing lawful non -conforming structure which
do not extend any roof or foundation may be permitted to extend parallel to the
shoreline and shall be constructed to be visually inconspicuous when viewed from
the water (under summer leaf -on conditions).
d. Reconstruction of an existing historic structure, any appurtenances thereto, and
the grounds shall be allowed to preserve its historic character if the structure or
site is recognized as a historic site on the National Register of Historic Places.
21.3 Use of Gem Lake.
21.3.1 No Motorized Use. Gem Lake shall not be used by any motorized craft or traffic
including, but not limited to, motorized boats, snowmobiles, all -terrain vehicles (ATVs)
excluding equipment used for cleaning, plowing snow or other occasional maintenance uses.
21.3.2 No Wet Storage Of Boats. Boats shall not be moored in Gem Lake for more than
forty eight (48) hours at any one time. Regular storage of boats shall be on the shore of and
not in Gem Lake with same properly secured and stored out of view from neighboring
properties and Gem Lake while not in use.
21.3.3 Docks.
a. Docks are seasonal and temporary in nature and, therefore, shall not be permanently
affixed to the shore or lake bottom of Gem Lake.
b. Docks shall not be greater than four (4'0") feet in width, two (2'0") feet in height above
the water and twenty (20'0") feet in length from the lake shore.
c. Docks shall not be covered with any roof structure, awnings or any other type of
enclosure.
d. Only one (1) dock shall be allowed for each parcel of real property adjoining the
waterline.
21.3.4 Swimming Rafts.
a. Swimming rafts are seasonal and temporary in nature and therefore shall not be
permanently affixed to the lake bottom.
b. Swimming rafts shall not exceed one hundred (100 s.£) square feet in total area and
shall not be more than two (2'0) feet higher than the water surface.
c. Swimming rafts shall not be located more than fifty (50') feet from the lakeshore.
d. Swimming rafts shall not be covered with a roof structure, awning or any other type of
enclosure.
e. Only one (1) raft shall be allowed for each parcel of real property adjoining the
waterline.
f. Swimming rafts shall not be moored in Gem Lake for more than forty eight (48) hours
at any one time. Regular storage of swimming rafts shall be on the shore, properly
secured and stored out of view from the water and from neighboring properties.
21.3.5 Water Appropriation. No person shall appropriate water from Gem Lake without first
obtaining an permit from VLAWMO.
SECTION 4. AMENDMENT. Delete the current Section 22 (Soil Erosion and Sedimentation
Controls and Storm Water Management) and replace with the following:
SECTION 22 — SOIL EROSION CONTROL AND STORMWATER MANAGEMENT
Section 22.1 Erosion and Sediment Control.
22.1.1 Policy Statement. It is the policy of the City of Gem Lake to require the
preparation and implementation of erosion and sediment control plans to control runoff
and erosion, to retain or control sediment on land during land disturbing activities, and to
prevent the degradation of resources and the loss or damage of property due to erosion
and sedimentation.
22.1.2 Regulation. No person shall commence land disturbing activities, unless granted a
variance, without first obtaining a permit from the City that incorporates and approves an
erosion and sediment control plan for the activity, development or redevelopment. The
proposed activity will not result in an increase in sediment off the site during construction
and post -construction activities and be in conformance with the MPCA General Permit
Construction for Activities, and as amended.
22.1.3 Criteria. Erosion and sediment control plans and the land disturbing activity shall
comply with the following criteria:
a. Erosion and sediment control measures shall be consistent with BMPs, and
shall be sufficient to retain sediment on -site.
b. Erosion and sediment control measures shall meet the standard for the General
Permit Authorization to Discharge Stormwater Associated With Construction
Activity Under the National Pollutant Discharge Elimination System/State
Disposal System Permit Program Permit MNR100001 (NPDES General
Construction Permit) issued by the Minnesota Pollution Control Agency, August
1 2008, as amended; except where more specific requirements are provided in
paragraphs 3(c) and 3(d) of this Section below.
c. The permittee or applicant must ensure final stabilization of the site in
accordance with the NPDES General Construction Permit requirements. The site
will be considered as having achieved final stabilization following submission of
Notice of Termination by the permittee or applicant, and inspection and approval
by the City.
d. All on -site stormwater conveyance channels shall be designed and constructed
to withstand the expected velocity of flow from a 10-year frequency storm
without erosion.
22.1.4 Exception. No permit or erosion control plan shall be required under this Section
for the following land disturbing activities:
a. Minor land disturbing activities such as home gardens, repairs and maintenance
work.
b. Construction, installation and maintenance of individual sewage treatment
systems (ISTS) other than those on steep slopes, on riparian lots within a
Shoreland District or in a bluff impact zone.
c. Installation of any fence, sign, telephone or electric poles, or other kinds of
posts or poles.
d. Emergency activity necessary to protect life or prevent substantial harm to
persons or property.
e. Minor wetland impacts that have received a "certificate of exemption or no
loss" determination by the LGU (VLAWMO or RWMWD) administering the
Wetland Conservation Act, as amended.
f. All maintenance, repair, resurfacing and reconditioning activities of existing
road, bridge, and highway systems which do not involve land disturbing activities
outside of the existing surfaced roadway.
All land disturbing activities not required by this Section to obtain a permit or have an
approved erosion and sediment control plan shall nevertheless be conducted in full
compliance with this Section.
Section 22.2 Stormwater Management.
22.2.1 Policy Statement. It is the policy of the City to:
a. Manage new development and drainage alternations by requiring each
development or land disturbing activity to manage its stormwater effectively,
either on or off -site.
b. Promote and encourage a reduction in runoff rates, encourage infiltration and
promote groundwater recharge.
c. Maximize groundwater recharge as a means of maintaining drinking water
supplies, preserving base flows in streams, and limiting discharges of stormwater
to downstream receiving waters.
d. Assure that property owners control the rate and volume of stormwater runoff
originating from their property so that surface water and groundwater quantity
and quality is protected or improved, soil erosion is minimized, and flooding
potential is reduced.
e. Protect and improve natural resources within the watershed to prevent further
degradation.
22.2.2 Regulation
a. Rate Control. The proposed activity will not increase the peak stormwater
runoff rate from the site, under pre -development conditions, for anything less than
a 24-hour precipitation event with a return frequency of 1- or 2-, 10- and 100-
years. The applicant must comply with the requirements of the MPCA's General
Permit for Construction Activities.
b. Volume Control. Stormwater runoff volume retention shall be achieved onsite
in the amount equivalent to the runoff generated from one-half inch of runoff over
the impervious surfaces of the development or as specified under Section 8.0.
Volume control credits can be used to control up to one-half (0.5) inch of runoff
as described under Section 22.2.5.
c. Water Quality
Stormwater management must comply with the requirements of the MPCA's
General Permit for Construction Activities and guidelines set forth in total
maximum daily load studies and sustainable lake management plans. No direct
(untreated) discharges of stormwater to natural or improved waterbodies are
allowed.
d. Waste Disposal to Waters
Stormwater management must not result in the discharge of any regulated
substance, hazardous or biological waste, or petroleum product, whether treated
or untreated, to best management practice devices that may have a deleterious
effect upon water of the state (surface and groundwater), unless the discharge is in
compliance with Federal, State and local regulations.
22.2.3 Criteria. Stormwater management plans shall comply with the following criteria:
a. A hydrograph method based on sound hydrologic theory will be used to analyze
runoff for the design or analysis of flows and water levels.
b. Runoff rates for the proposed activities, development or redevelopment within
the watershed shall:
1. Not exceed existing runoff rates for the 1 or 2-year, 10-year and 100-
year critical duration storm events;
2. Not accelerate on or off -site water course erosion, downstream
nuisance, flooding or damage as demonstrated by the applicant; and
3. Runoff rates may be restricted to less than the existing rates when
necessary for the protection of public health, safety and general welfare.
c. Stormwater facilities must provide:
1. An identified overflow spillway and downstream route sufficiently
stabilized to convey a 100-year critical storm event;
2. Pond outlets designed to prevent short circuiting of the flow from pond
inputs to the outlet;
3. A minimum depth for ponds of three (3) feet and conform to the design
specifications of the Stormwater Manual, 2005.
4. An outlet skimmer to prevent migration of floatables and oils for the 2-
year event; and
5. Access for future maintenance that is free of plantings and
impediments.
d. Regional ponds and practices can be used to provide for stormwater
management based on the following criteria:
1. Regional ponds are required to be designed based on ultimate
conditions for the contributing subwatershed.
2. Regional ponds are required to be constructed and operational prior to
constructing imperviousness within the contributing drainage area.
e. Design of all Best Management Practices (BMPs) will be consistent with the
Minnesota Stormwater Manual, 2005, and as amended and the MPCA General
Permit for Construction Activities, 2008, and as amended.
f. When using infiltration for volume control, infiltration volumes and facility
sizes shall be calculated using the appropriate hydrological soil group
classification and infiltration rate, and shall be capable of infiltrating the required
volume within 72 hours or as specified in the MPCA General Permit for
Construction Activities.
g. In evaluating the infiltration capacity of a constructed BMP under post -
development conditions, the infiltration rates in the Minnesota Stormwater
Manual should be used. Select the design infiltration based on the least permeable
soil horizon within the first five (5) feet below the bottom elevation of the
proposed infiltration facility. Site -specific infiltration measurements completed by
a licensed professional (as described in the Minnesota Stormwater Manual,
November 2005, and as amended) may be used in place of the values in the
Minnesota Stormwater Manual, and as approved by the City.
h. All stormwater retention practices designed to meet the volume control
regulation must provide pretreatment of stormwater runoff prior to infiltrating into
the groundwater system or discharging downstream. Pretreatment methods must
comply with the Minnesota Stormwater Manual, 2005, and as amended, for the
proposed practice. All highly recommended and recommended design criteria
must be met, unless specifically waived by the Technical Commission of
VLAWMO or RWMWD, as appropriate.
i. To the maximum extent practicable, volume control shall be fully met onsite
(Section 2, Subsection 2b). Site conditions may make infiltration undesirable or
impossible. The applicant must make soil corrections and/or investigate other
locations on the site for feasible infiltration locations. Infiltration practices are not
allowed:
1. For runoff from fueling and vehicle maintenance areas;
2. Within hydrologic soil group D type soils;
3. Within some Wellhead Protection Areas (Review Wellhead Protection
Plans for additional guidance);
4. Within 50 feet of a septic tank or drain field;
5. On areas with less than three (3) feet vertical separation from the
bottom of the infiltration system to the elevation of seasonal high
groundwater or top of bedrock.
If the applicant claims that infiltration is not feasible or allowed onsite, the
applicant must provide supporting documentation and follow Section 2,
Subsection 4.
22.2.4 Alternative Compliance Sequencing. For sites where infiltration practices are
determined infeasible as described in Section 22.2.3(i), the following Alternative
Compliance Sequencing steps shall be taken in the order shown:
a. Use of alternative volume control practices as described in the Minnesota
Stormwater Manual, 2005, and as amended, sized according to Section 22.2.2(b).
b. Use of on -site filtration practices and biofiltration using an impermeable liner
and under drain, sized to filter a volume of runoff according to Section 22.2.2(b).
c. Use of off -site volume control practices sized according to Section 22.2.2(b).
Off -site volume control practices can be used to provide for stormwater
management based on the following criteria:
1. Off -site practices shall be constructed within the same drainage area or
subwatershed as the project site.
2. Off -site practices are required to be constructed and operational prior to
constructing imperviousness within the contributing drainage area.
d. Use of wet sediment basins sized per the standard described within the MPCA
General Permit for Construction Activities, 2008, and as amended.
22.2.5 Volume Control Credits.
a. Volume control credits will be awarded as described in the Minnesota
Stormwater Manual, 2005, and as amended.
b. Volume control credits must be determined based on the methods outlined
within Chapter 11 of the Minnesota Stormwater Manual, 2005, and as amended,
for the Adjusted Water Quality Volume.
1. The water quality volume (Vwq) shall be calculated by multiplying one
(1) inch of runoff over the proposed impervious surface.
2. Applied credits cannot exceed a Vwq greater than 1/2 inch of runoff
over the proposed impervious area.
3. All recommended and highly recommended conditions must be met,
unless specifically waived by VLAWMO staff and the Technical
Commission.
4. For Drainage to Stream, Wetland, or Shoreland Buffer Credits, the
credits will apply to areas outside of the minimum buffer requirement as
prescribed within these Policies.
5. Grass Channel Credits can be applied to the roadway portion of the
proposed site when grass channels have been designed with water quality
adaptations such as water quality berms.
22.2.6 Maintenance and Easement.
a. Stormwater management easements shall be provided by the applicant for (1)
access for facility inspections and maintenance and (2) preservation of stormwater
runoff conveyance, infiltration, and detention areas and facilities, including the
overflow route.
b. Land used by stormwater management facilities shall be preserved by
dedication and/or perpetual easement to the City, when required by the City.
These easements shall cover those portions of the property which are adjacent to
the facility and which lie below the 100-year flood elevation.
c. A maintenance agreement shall be recorded with the County as part of the City
development approval process. Minimum requirements for the maintenance
agreement include:
1. A list of the responsible party(s) (City and facility owner/manager);
2. Contact information;
3. A formalized maintenance schedule, with scheduled activities;
4. A "Failure to Perform" provision laying out remedial actions if the
responsible party does not perform as expected;
5. Maintenance debris handling plans; and
6. Emergency response (environmental, spill, safety).
d. Maintenance is required for all stormwater practices constructed in compliance
with these Policies. The City will conduct periodic inspection of stormwater
practices. A minimum of 20% of all stormwater facilities shall be inspected
annually by the City. The City shall provide to the VLAWMO annual inspection
reports detailing inspection activities and proof of maintenance where required.
e. When land used by stormwater management facilities is public land or public
right-of-way, easements under this section will not be required, and a written
agreement between the City and applicant may be executed in lieu of the recorded
maintenance agreement.
SECTION 5. SEVERABILITY. Should any section, subdivision, clause or other provision of
this Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall
not affect the validity of the Ordinance as a whole, or of any part hereof, other than the part held
to be invalid.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and
after its passage and publication.
Dated: . 2012
Robert Uzpen — Mayor William Short - Clerk
Summary of Ordinance 125 approved by City Council and published in the White Bear Press on
2012.
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 126 (Summary)
SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, § 412.191, a summary of
an ordinance may be published. While a copy of the entire ordinance is available without
cost at the office of the City Clerk, the following summary is approved by the City
Council and shall be published in lieu of publishing the entire ordinance:
Ordinance 126 amends City Ordinance 69 to permit the keeping of domestic fowl,
defined as chickens, ducks, turkeys, peacocks and other commonly domesticated fowl,
excluding ostrich, emu and other large birds, on property in the City. The ordinance
creates standards and conditions for domestic fowl facilities and maintenance. A city
license is required, which must be renewed annually. Only one license is allowed per
property. The license may be suspended or revoked, or renewal denied, for violations of
the standards and conditions of the permit and the Ordinance. Ordinance 126 is effective
upon its publication.
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 126
AN ORDINANCE TO PERMIT AND REGULATE THE KEEPING OF CHICKENS AND
OTHER DOMESTIC FOWL IN THE CITY OF GEM LAKE, AMENDING
ORDINANCE NO. 69.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. Intent and Purpose. It is the purpose and intent of this ordinance to permit the
keeping of chickens, ducks, turkeys, peacocks and other fowl, excluding large birds, subject to
regulations hereinafter set forth. The keeping of such animals, as defined herein, is determined
not to be a nuisance and is not detrimental to the public welfare, if regulated as hereafter set
forth. It is recognized that the keeping of such birds is increasingly requested by citizens of the
City, and such persons desire to keep their birds in suitable permanent structures constructed and
maintained for such purpose, and keep such structures in a clean and sanitary manner, and do not
permit their pigeons to remain at large in the community in such manner as to disturb their
neighbors or to prevent the full enjoyment of property rights by their neighbors.
SECTION 2. AMENDMENT. Section 3.8.1 of Ordinance 69 is amended, as follows (new text
underlined, deleted text sire,.', t eagh):
3.8.1 Agricultural animals including, but not limited to: horses; cows; sheep; goats;
swine; a ks, eh eke„s, t„~keys, pe eks, and ether few! er u .."; llamas; ostrich, emu
and other large birds; and other animals not otherwise permitted by this Ordinance which
may be classified as agricultural animals.
SECTION 3. AMENDMENT. Section 2.3 of Ordinance 69 is amended, as follows (new text
underlined, deleted text sti-aek thFe gh):
Animal, Agricultural. Any common farm animal including but not limited to any horse,
mule, donkey, cow, goat, sheep, pig, emu, llama, turkeys, ehiekens, a„eks or any other
animal typically confined on a farm and the like, except for domestic fowl.
Domestic Fowl. Chickens, ducks, turkeys, peacocks, and other commonly domesticated
fowl, excluding ostrich, emu, or other large birds.
SECTION 4. AMENDMENT. Section 3 of Ordinance 69 is amended to add the following
sub -sections:
Section 3.13 Keeping of Domestic Fowl. The keeping of domestic fowl may be permitted
subject to the following:
3.13.1 A structure must be constructed and maintained to keep and, confine the birds.
The structure must provide at least five square feet of floor space per bird. For structures
housing chickens, the floor area of nest boxes which provide at least 3.375 cubic feet of
space (cube of 18 inches per side) installed a minimum of 30 inches off of the lowermost
floor shall be counted in the total floor space provided. The structure must provide
shelter from the elements for all kept birds. The structure must be elevated a minimum of
six inches and a maximum of twelve inches above grade to ensure free -way beneath the
structure. A structure for birds shall rest upon concrete footings, cement blocks, or other
suitable foundation material. A structure for domestic fowl shall have a minimum of four
feet of interior space from floor to ceiling, and may have a maximum height of nine feet.
3.13.2 The bird structure must be constructed and maintained so as to be rodent -proof.
3.13.3 The owner may construct bird structures up to a cumulative maximum floor area
of 200 square feet. Any single bird structure with over 120 square feet in foundation
floor area requires a building permit, as with other accessory structures.
3.13.4 Bird structures may be located in the rear yard only and shall be at least 50 feet
from adjacent habitable structures.
3.13.5 An area outside of the bird structure must be designated and reserved for the birds
to exercise and forage outside of the bird structure. The designated area must provide a
minimum of 11 square feet per bird.
3.13.6 All grains and food stored for the use of the domestic fowl on a licensed premises
shall be kept in a rodent -proof container.
3.13.7 Domestic fowl must be banded in a way to identify each bird as kept by its owner.
3.13.8 All premises on which domestic fowl are kept or maintained shall be kept
reasonably clean from filth, garbage, and any substances which attract rodents. The bird
structure and its surroundings must be cleaned daily.
SECTION 5. AMENDMENT. Section 4 of Ordinance 69 is hereby amended to add the
following sub -sections:
Section 4.3. Domestic Fowl Keeping License. No person shall own, keep or harbor domestic
fowl within the City of Gem Lake without first obtaining a license. Applicant shall complete an
application form provided by the City. The application shall include, but not be limited to the
following information: a site plan showing the location and size of the premises, and the location
size and type of all structures for housing the birds, and demonstration that said structures will
comply with City zoning requirements; a statement of the maximum number of domestic fowl to
be kept on the premises at one time, by type; and an agreement by the applicant that the premises
may be inspected by the City at all reasonable times so as to assure compliance with the
conditions outlined in Section 3.13. Only one license may be issued per property.
4.3.1 Duration of License; Fee. Each license issued hereunder shall expire one (1) year
after issuance unless sooner revoked. A license must be renewed annually to continue
the keeping of domestic fowl. The City Council shall set the annual fee for a license by
ordinance with other City fees. Fees shall be paid at the time of the making of the
application for license or renewal.
4.3.2 Number of Animals. The number of domestic fowl permitted to be kept under an
approved license is calculated by dividing the area of floor space in approved structures
by five (minimum space per bird). Exceeding the number of birds allowed by the permit
may be grounds for suspension or revocation of the permit, and denial of subsequent
applications for renewal. In addition to any action taken against a license, the person
responsible for keeping birds in excess of the maximum stated may be referred for
prosecution under State laws prohibiting animal cruelty.
4.3.3 Denial or Revocation. The domestic fowl keeping license may be revoked, or
renewal denied, if the licensee fails to comply with any of the conditions outlined in
Section 3.13.
SECTION 5. Severability. Should any section, subdivision, clause or other provision of this
Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall not
affect the validity of the Ordinance as a whole, or of any part hereof, other than the part held to
be invalid.
SECTION 6. Effective Date. This Ordinance shall take effect and be in force from and after its
passage and publication.
Dated: 52012
Robert Uzpen — Mayor
William Short - Clerk
Summary of Ordinance 126 approved by City Council and published in the White Bear Press on
_ 2012.
Claims For Payment
CITY OF GEM LAKE
Period Ending 7/17/2012
Signatures Approving Claims I Date of Approval)
Robert Uzpen, Mayor
Jim Lindner, Council
Gretchen Artig-Swomley, Council
Tom Rasmussen, Council
Rick Bosak, Council
Fund Totals $ Amount
General Fund
21,481.00
Parks & Playgrounds
0.00
2004 Debt Service Fund
35.321.17
2006 Debt Service Fund
2,902.50
2007 Debt Service Fund
16,927.50
City Hall Construction Fund
0.00
Scheuneman Road Improvements
0.00
Hoffman Road Improvements
0.00
Sewer Fund
1,221.56
Investment Trust Fund
0.00
Total All Funds
77,853.73
Included above are the pre -paid checks paid on June 29, 2012
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7112/12 at 12:27:25.67
Page: 1
1
City of Gem Lake
Check Register - Prepaid Checks
For the Period From Jun 29, 2012 to Jun 29, 2012
Filter Criteria includes: 1) Check Numbers from 8594 to 8605 Report order is by Check Number.
Check #
Date
Payee
Amount
8594
6129112
Gretchen Artig-Swomley
194.36
8595
6/29/12
Tom Rasmussen
194.36
8596
6/29112
Robert L. Uzpen Jr
385.90
8597
6/29/12
James A. Lindner
194.36
8598
6/29/12
Rick Bosak
194.36
8599
6/29/12
Anna E. Bosak
372.68
8600
6/29/12
CenturyLink
104.78
8601
6/29/12
FedEx Office
247.75
8602
6/29/12
Langer's
560.00
8603
6/29112
Julie Newkirk
150.00
8604
6/29112
Ramsey County
237.70
8605
6/29/12
Robert Uzpen
6.20
Total
2,842.45
7/12/12 at 11:37:51.27
City of Gem Lake
Check Register
For the Period From Jul 1, 2012 to Jul 31, 2012
Filter Criteria includes: Report order is by Check Number.
Check #
Date
Payee
Amount
8606
7/13/12
Anna E Bosak
400.99
8607
7/17/12
Corporate Mechanical
240.00
8608
7/17/12
Gephart Electric
125.00
8609
7/17/12
Innovative Office Solutions, LLC
142.61
8610
7/17/12
Internal Revenue Service
330.63
8611
7/17/12
Kelly & Lemmons, PA
854.87
8612
7/17/12
LarsonAllen LLP
3,900.00
8613
7/17/12
Robb Olson
160.00
8614
7/17/12
Ramsey County
5,912.75
8615
7/17/12
Ryan Green
300.00
8616
7/17/12
City of St. Paul
75.27
8617
7/17/12
St. Paul Stamp Works, Inc
56.53
8618
7/17/12
Waste Management of WI -MN
853.26
8619
7/17/12
City of White Bear Lake
1,462.67
8620
7/17/12
White Bear Township
2,437.48
8621
7117/12
VOID
8622
7117/12
Xcel Energy
505.14
8623
7/17/12
Wells Fargo Securities, LLC
35,321.17
8624
7/17/12
Wells Fargo Securities, LLC
2,902.50
8625
7/17/12
Bond Trust Services Corporation
16,927.50
8626
7117/12
Metropolitan Council
1,102.91
Total
75,011.28
Page: 1
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