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HomeMy WebLinkAbout2010 05-18 CCP,.) City oi-Gem Lake, MN _ City C01-111cil Meeting May 18. 2010 Call To Order of City Council Meeting — By Mayor Uzpen at 7:P.M. J Call of Roll Uzpen Artig-Swomle_v 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 of April, 2010 Committee Reports Accept the following Planning Commission Minutes • April 2009 • Planning Commission Report from May meetinlo. Old Business • NewsLetter Ideas Public Notices • Amendment to Gambling Ordinance - Amendment Ordinance 1 17 • Amendment to Liquor Ordinance - Amendment Ordinance 1 16 • Amendment to Tobacco Ordinance - Amendment Ordinance 1 15 New Business • Floodplain Ordinance 114 • Resolution 2010 — 07 Lake Area Transit 13us Contribution • Claims for May • Monthly }:financial Reports • Open Items for the Council Members to bring up. • Presentations from the Public Future Council Meetings • Next Workshop Meeting, .June 1 at TOO P.M. • Next City Council Meeting, .tune 15 at TOO P.M. Adjournment • The meeting adjourned at Look 1Or us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, MN 4200 Otter Lake Road Gem Lake, MN 55110-3227- , Telephone 651-747-2790 E-mail Cihvn?izemlakeMN.or� Gem Lake Planning Commission Meeting 4 May 2010 The regular meeting of the Planning Commission of Gem Lake was called to order by Chairman Craig Rafferty on Tuesday, May 4, 2010 at 7:01 p.m. in the Gem Lake City Hall conference room. The following members were present: Chairman Craig Rafferty, Planning Commission member Derek Wippich. APPROVAL OF AGENDA AND MEETING MINUTES Planning Commission Agenda: Chairman Rafferty asked for any changes, deletions or added agenda items. None was given, so proceeded to move forward with the meeting. Planning Commission Minutes: Chairman Rafferty called to approve the April Planning Commission meeting minutes. The April Planning Commission minutes were discussed and upon motion by Chairman Rafferty and seconded by Commissioner Wippich. The April minutes were approved. Ayes — 2, Nays — 0. NEW BUSINESS PUBLIC HEARING Flood Ordinance: In order for the residents of the City of Gem Lake to qualify for flood insurance, the city has to establish a flood ordinance. FEMA updated all flood maps for Ramsey County. Gem Lake Attorney Trevor Oliver discussed the flood ordinance in detail to the Planning Commission. Open Public Hearing at 7:04 p.m. No comments from the public. Closed Public Hearing at 7:05 p.m. Upon motion by Chairman Rafferty and seconded by Commissioner Wippich, the flood ordinance was approved. Ayes — 2, Nays — 0. Gem Lake Planning Commission Minutes Page 2 of 3 Introductory Review of M and H Gas Station Proposal: Sally Ackerman and Giorgi Gochitashvili would like to renovate the gas station/convenience store building and turn it into a car dealership. They would keep the mechanic shop behind the gas station as is to do repairs on cars. Chairman Rafferty stated that they may have to put in a new well as required. This is an introductory session only. They are thinking of purchasing the property for a small dealership of about twenty to twenty five cars. There was discussion about the zoning of the property as it's zoned for a gas station/convenience store at this time. They would have to work with Tom Riedesel from White Bear Township for a conditional use permit and they would need to draw up a plan and present it to the Planning Commission. There would be a need to have an inspection and soil testing in case replacement of the tanks buried underground was required. It was discussed that the plan would need to have the layout of the buildings and property and present it by the middle of May, 2010. Then they would proceed to have a public hearing where the businesses around that area would have the opportunity to ask questions. The first step is to fill out the application and present the plan to the Planning Commission. There would also be an escrow fee. They would also need to apply for a business license and a state license. Review of Planning Commission Size Preference: It was discussed whether the Planning Commission would add an additional fifth member, add an alternate or do not change the number of the Planning Commission. The three options were discussed and it was decided to add an alternate to the Planning Commission. The alternate can only vote if not enough members were at the meeting. Upon motion by Commissioner Wippich and seconded by Chairman Rafferty, motion passed to add an alternate and will send it to the City Council for the May City Council meeting. Ayes — 2, Nays — 0. Comprehensive Plan Review — Section Five — "ES" Estate Residential District: Attorney Trevor Oliver went through Section Five and made some changes to the wordage. Section Five is working with the zoning ordinance. A five acre minimum size lot for any new development. The existing map has not changed much. The McNaulty lots would be grandfathered in and anything that touches the lake would be considered an estate. Trevor is working on ordinance 107 for the comp plan; general regulations. The Gateway ordinance is already done. Once this is ready, a public hearing can be scheduled to make the amendments at the Planning Commission meeting. ADJOURN Upon motion by Commissioner Wippich and seconded by Chairman Rafferty, the May 4, 2010 regular meeting of the Planning Commission was adjourned at 8:02 p.m. Ayes — 2, Nays — 0. Look for us on the World Wide Web at gemlakemn.org Gem Lake Planning Commission Minutes Page 3 of 3 APPROVED: ATTEST: ATTEST: Julie Newkirk Craig Rafferty Recording Secretary Chairman Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, MN 4200 Otter Lake Road Gem Lake, MN 55110-3227 �— Telephone 651-747-2790 E-mail Citv(i ,gemlakeMN.org Minutes of Gem Lake City Council Meeting 18 May 2010 The regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Uzpen on Tuesday, May 18, 2010 at 7:00 pm in the Gem Lake City Hall meeting room. The following members were present: Mayor Robert Uzpen, Councilmembers James Lindner and Gretchen Artig-Swomley. Councilmembers Richard Bosak and Thomas Rasmussen were absent. Other members of the public attended per the sign in sheet sent around the room. APPROVAL OF AGENDA AND MEETING MINUTES City Council Agenda: Mayor Uzpen called for additions, deletions and corrections to the agenda. A correction was made to the date of the April, 2010 Planning Commission minutes. Upon motion by Councilmember Artig-Swomley, and seconded by Councilmember Lindner, the agenda was approved for May 18, 2010. Ayes — 3, Nays — 0. City Council April Meeting Minutes: The April, 2010 minutes were presented and corrections were needed. Upon motion by Councilmember Artig-Swomley, and seconded by Councilmember Lindner, the minutes of April 2010 were accepted with corrections being made. Ayes — 3, Nays — 0. Planning Commission April Meeting Minutes: The April, 2010 minutes were presented and corrections were needed. Upon motion by Councilmember Artig- Swomley, and seconded by Councilmember Lindner, the Planning Commission minutes of April, 2010 were accepted with corrections being made. Ayes — 3, Nays — 0. OLD BUSINESS Newsletter: The council discussed combining the June and July newsletter. Some suggestions were made on doing a profile on a long-term City Council member — Claire Nielson. In addition, an article on the list of Mayors that served on the City Council and listing the volunteers that served in the past. Councilmember Lindner suggested to write an article on the first elected officials of the City of Gem Lake. Will also record the public hearing results. In addition, Gem Lake City Council Meeting Page 2 of 6 an article of when Gem Lake became a city. It was mentioned an article for election judges and the training involved. Also include that there will be a public hearing at the August City Council meeting for the Storm Water Discharge System, and advertise the National Night Out in August. PUBLIC HEARING Amendment to Gambling Ordinance - Ordinance Number 117: Currently Gem Lake has two percent. The amendment will raise the percentage to ten percent of net profits. Public Hearing opened at 7:20 p.m. The money has been distributed to the following organizations • Lake Area Transit Bus Company • White Bear Lake Food Shelf • Gospel Mission • High School Scholarship • National Night Out • Elementary School that covers the city The money goes to non-profit organizations. The neighboring cities are ten percent and that is the maximum under state law. Closed Public Hearing at 7:23 p.m. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner, motion for Ordinance Number 117 passes. Ayes — 3, Nays —0. The summary was passed out to the City Council to look over and upon motion by Councilmember Lindner and seconded by Councilmember Artig-Swomley; motion was made to publish the summary for Ordinance Number 117 passes. Ayes — 3, Nays — 0. Amendment to Liquor Ordinance — Amendment Ordinance 116: This is amending the Ordinance to increase the civil penalties. With this amendment the city has the option to charge up to $2,000 per violation in a twenty-four month period. The City Council can also suspend a license up to sixty days. Public Hearing opened at 7:28 p.m. Representatives from the Country Lounge had questions regarding this due to the Ramsey County stings at the establishments in and around their area. The City Council explained that the owner would have a hearing before the City Look for us on the World Wide Web at gemlakemn.org ,J Gem Lake City Council Meeting Page 3 of 6 Council to plead their case and the City Council has the option to fine the establishment. Representatives requested changes to reduce the time period for tracking violations from 24 months to 12 months. This was not approved by the council. Public Hearing closed at 7:45 p.m. Upon motion by Councilmember Lindner and seconded by Councilmember Artig- Swomley, motion to adopt Ordinance Number 116 to amend Ordinance Number 9. Ayes — 3, Nays — 0. The summary was passed out to the City Council to look over and upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner, motion was made to adopt summary ordinance and to publish the summary for Ordinance Number 116 in the White Bear Press. Ayes — 3, Nays — 0. Amendment to Tobacco Ordinance — Amendment Ordinance 115: This Ordinance is amending Ordinance Number 68. An establishment will be charged an administration fine of $500 for a first violation and $1,000 for the second offense at the same premises of the licensed retail establishment within a twenty- four month period and $1,000 and a license suspension of not less than seven days for each subsequent offense at the same premise of a retail establishment within a twenty-four month period. Public Hearing opened at 7:48 p.m. Representatives from the Country Lodge requested that the twenty-four month period be reduced to a twelve-month period. Attorney Trevor Oliver explained the Ordinance in detail and the City Council will keep it at a twenty-four month period. Public Hearing closed at 8:03 p.m. Upon motion by Councilmember Lindner and seconded by Councilmember Artig- Swomley, Ordinance Number 115 amending Ordinance Number 68 passes. Ayes — 3, Nays — 0. The summary was passed out to the City Council to look over and upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner; motion was made to accept the summary for Ordinance Number 115 passes. Ayes — 3, Nays — 0. NEW BUSINESS Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 4 of 6 Floodplain Ordinance 114: The Public Hearing was held at the May Planning Commission meeting and they accepted the ordinance without change and forwarded it to the City Council to approve. In order for the residents to buy flood insurance, an ordinance needs to be written. The map is on-line on the FEMA website. The areas affected are properties around the lake. The flood plan is made up of two zones. (1) Zone A — Below high water level, normal wetland. (2) Zone Fringe — Engineered to cover 100 year floods. You can build a shed in this area, but cannot build a home. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner. Motion was made to adopt Ordinance Number 114. Ayes — 3, Nays — 0. The summary was passed out to the City Council to look over and upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner, motion was made to accept and pass the summary for Ordinance Number 114. Ayes — 3, Nays — 0. Resolution 2010-07 Lake Area Transit Bus Contribution: The City of Gem Lake's portion to Lake Transit Bus contribution of $500. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner. The motion has been made to Resolution 2010-07 and passes. Ayes — 3, Nays — 0. Claims for May: The bills for May were discussed and authorized to pay. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Lindner, motion passes. Ayes — 3, Nays — 0. Monthly Financial Reports: The City Council received and reviewed the handout. Waiting for bids to fix the sewer on Hoffman Road. The money will come out of the sewer fund. OPEN ITEMS FOR THE CITY COUNCIL MEMBERS Test Tower: Councilmember Artig-Swomley will be putting a test tower on her property for six months to collect data. If she qualifies, she will apply for a conditional use permit and work with Tom Riedesel at White Bear Township. She is also on the list for solar power. MS4 Report: Councilmember Lindner stated that he completed the MS4 report and he will file it with the Minnesota Pollution Control. It is due June 30, 2010. Flagpole Update: Another department at Washington County has requested the flagpoles that were taken down. Councilmember Lindner will talk to that department to see if the City of Gem Lake can have the smaller flagpole and if so, will have it delivered. If Washington County wants both flagpoles, a resident of Gem Lake has offered to donate his flagpole. Councilmember Lindner will keep the City Council informed. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 5 of 6 Scholarship: Mayor Uzpen will be presenting the scholarship to the Gem Lake student at White Bear Lake High School the week of May 24, 2010. Vadnais Heights Sport Complex: Mayor Uzpen discussed Gem Lake's land across the street and what would Gem Lake want to build to bring business to the City of Gem Lake. FUTURE COUNCIL MEETINGS Workshop Meeting: June 1, 2010 at 7:00 p.m. City Council Meeting: June 15, 2010 at 7:00 p.m. ADJOURN The May 18, 2010 regular meeting of the City Council was adjourned at 8:53 p.m. Upon motion by Councilmember Lindner, and seconded by Councilmember Artig-Swomley, the City Council meeting was adjourned. Ayes — 3, Nays — 0. APPROVED: ATTEST: ATTEST: Julie Newkirk Robert Uzpen Recording Secretary Mayor Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 6 of 6 SIGN UP SHEET: Dan Marier John Birkeland Layne Amber Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 117 AN ORDINANCE AMENDING ORDINANCE NO 60 TO INCREASE REQUIRED CONTRIBUTION LEVEL FOR CHARITABLE GAMBLING LICENSES. The City Council of the City of Gem Lake does hereby ordain: Section 1. Amendment. Gem Lake Ordinance No. 60 is amended. as follows: Section 12. Proceeds to City From Gambling Devices. Any qualified charitable organization selling and/or operating gambling devices in "on -sale" liquor establishments located in the City of Gem Lake shall remit quarterly to the City two pefe-ent+- °/ etfle ten Percent (10%1 of its net profits gross 12rofits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling!) from the sale or operation of gambling devices within the City of Ciem Lake. The City shall place said revenue in a dedicated fiend ''�•�o�- �- � F'" ="b'L to be disbursed by the City for (i) charitable contributions as permitted by Minn. S7a. or GO olice fireand other emergency or ubl►c safety -related services. equipment and training. J.. excluding pension obligations. Section 2. Effective Date. This Ordinance shall take effect immediately upon its passage and publication. A'I'TEST: ATTEST: Robert Uzpen _ William F. Short City Clerk Mayor Dated: Dated: j CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 116 AN ORDINANCE AMENDING ORDINANCE, NO 9 TO CREATE HEARING PROCEDURI. AND CIVIL PENALTIES FOR VIOLATIONS OF THE LIQUOR ORDINANCE. `I'he City Council of the City of Gem I_,ake does hereby ordain: Section 1. Amendment. Gem Lake Ordinance No. 9 is amended, as follows; Section 10. Violations; Administrative Penaltyt. The council may suspend or revoke any liquor license for violation of any provision or condition of this ordinance or any state law regulating the sale of intoxicating liquor and shall revoke Such license if' the licensee willfully violates any provision of Minnesota Statutes. Chapter 340A. • ti ., ,t gFan, AW J Section 10.1. Procedures. The following procedures shall be implemented regarding alleged violations of this Ordinance. should the City elect to proceed %%ith an } administrative violation: Section 10.1.1. Notification of Violation. Upon discovery of an alleged violation. the alleged violator shall be issued. either personally or by mail, a notice that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. Section 10.1.2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be scheduled before the Gem Lake City Council, the time and place of which shall be published and provided to the alleged violator. The City Council shall receive evidence of' the violation and evidence provided by the alleged violator by testimony, in written form, or both. The hearing shall be tape-recorded. Section 10.1.3. Findings. If the Gem Lake City Council finds that a violation of this Ordinance did occur, that decision, along with the Council's reasons for finding a violation and the penalty to be imposed. shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Section 10.1.4. Appeals. Any person aggrieved by the final Findings of the City Council under this Section may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat. § 14.63 to 5 14.68. 9 Section 10.1.5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed against the individual charged with a misdemeanor. Section 10.1.6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 10.2. Civil Penalty. On a finding by the City Council that a licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. the City Council may revoke the license, suspend the license for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. Section 2. Effective Date. This Ordinance shall take effect immediately upon its passage and publication. ATTEST: ATTEST: Robert tJ�pen _ William F. Short MayorCity Clerk Uated: Dated: j CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 115 AN ORDINANCE AMENDING ORDINANCE NO 68 TO INCREASE PENALTIES FOR VIOLATIONS OF THE TOBACCO ORDINANCE. The City Council of the City of -Gem Lake does hereby ordain: Section 1. Amendment. Gem Lake Ordinance No. 68 is amended, as follows: Section 11.1.1. Licensees. Any Licensee and any employee of the Licensee found to have violated this Ordinance shall be charged an administrative fine of Five Hundred ($500.00) Dollars for a first violation of this Ordinance; One Thousand ($1.000.00) _ Dollars for a second offense at the same premises of the licensed Retail Establishment within a twenty-four (24) month period: and, One Thousand ($1,000.OU) 0) Dollars and a license suspension of not less than seven (7) days for each subsequent offense at the same premises of a licensed Retail lstablishment within a twenty-four (24) month period. Section 2. Effective Date. This Ordinance shall take effect immediately upon its passage and publication. ATTEST: Robert Urpen Mayor Dated: ATTEST: William F. Short City Clerk Dated: CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA 1 ORDINANCE NO. 114 AN ORDINANCE REGULATING 'THE USE OF LAND WITHIN DESIGNATED FLOOD HAZARD AREAS IN THE CITY OF GEM LAKE, MINNESOTA. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: SECTION 1. PURPOSE. 1.1 Statutory Authorization: The legislature of the State of Minnesota has. in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. 1.2 Findings of Fact: A The flood hazard areas of the City of Gem Lake, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief. and impairment of the tax base. all of which adversely affect the public health. safety, and general welfare. B. Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. C. National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 1.3 Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.2 by provisions contained herein. SECTION 2. GENERAL PROVISIONS 2.1 Lands to Which Ordinance Applies: This Ordinance shall apply to all lands within the jurisdiction of the City of Gem Lake shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the General Flood Plain Districts. 2.2 Additions to Official Zoning Map: The Official Zoning Map is hereby adopted by reference and declared to be a part of this Ordinance. The following material shall be attached to the Official Zoning Map and be considered part of the map: the Flood Insurance Rate Map panels therein numbered 27123C0035G, 27123C0041G and 27123CO042G, all dated ,tune 4. 2010 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Office of'the City Clerk. 2.3 Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 Interpretation: A. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other powers granted by state statutes. B. The boundaries of the districts established in this Ordinance shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile. the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. 2.5 Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.6 Warning and Disclaimer of Liability: Phis Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free From flooding or flood damages. This Ordinance shall not create liability on the part of the City of Gem Lake or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.7 Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage or as given by other applicable City Ordinances, such as the Zoning Ordinance, so as to give this Ordinance its most reasonable application. Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. i Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or 1 lake that results in the inundation of normally dry areas. Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Ramsey County, Minnesota. Hood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Flood Proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. Lowest Floor - the lowest floor of the lowest enclosed area (including basement). nn unfinished or flood resistant enclosure, used solely for parking of' vehicles, building -1 access, or storage in an area other than a basement area, is not considered a building's 1 lowest floor. Manufactured Home - a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Reach - a hydraulic engineering term to describe a longitudinal segment of' a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping. travel. or seasonal use. For the purposes of this Ordinance, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood", 1-percent annual chance flood or 100-year flood elevation. Regulatory Flood Protection l levation - The regulatory flood protection elevation shall be an elevation no lower than one foot abode the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Substantial Damage - means damage of any origin sustained by a structure where the cost of' restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair alter damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance. "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1. 2.8. Annexations: The Flood Insurance Rate Map panels adopted by reference into the Official Zoning Map by Section 2.2 above may include floodplain areas that lie outside of the corporate boundaries of the City of Gem Lake at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Gem Lake after the date of adoption of this ordinance. the newly annexed floodplain lands shall be subject to the provisions of this ordinance immediately upon the date of annexation into the City of Gem Lake. SECTION 3. ESTABLISHMENT OF FLOOD HAZARD DISTRICTS. 3.1 Districts. All real property which lies within the districts created by this Ordinance shall be subject to the use and alteration restrictions stated herein. The restrictions of this Ordinance shall be in addition to those imposed by federal and State laws and regulations. and other City ordinances governing land use, all of which shall jointly apply. In the event that more than one regulation may apply, the more restrictive requirement shall be put into effect. A Floodway District: The Floodway District shall include those areas designated as "Zone A on the Flood Insurance Rate Map panels adopted in Section 2.2 that are below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005. subdivision 14. 13 Flood Fringe District: The flood Fringe District shall include those areas designated as Zone A on the Flood Insurance Rate Map panels adopted in Section 2.2 that are below the 1 % annual chance flood elevation (I 00-year flood elevation) but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. See Section 6.0 for procedures to determine the 1 % annual chance elevation (100-year flood elevation). 3.2 Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway and Flood fringe Districts, all uses not listed as permitted uses or conditional uses in Sections 4 and 5 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: A. Modifications, additions, structural alterations, normal maintenance and repair. or repair after darnage to existing nonconlorming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 9. B. As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 9 of this Ordinance. SECTION 4. FLOODWAY DISTRICT (FW) The permitted and conditional uses listed below are allowed in the Foodway if not otherwise prohibited by the underlying zoning district classification applicable to the property. 4.1 Permitted Uses: A. General farming, pasture, grazing, outdoor plant nurseries, horticulture, and wild crop harvesting. j B. Boat launching ramps, swimming areas, parks, wildlife and nature preserves- and fishing areas. C. Residential lawns, gardens and play areas. 4.2 Standards for Floodway Permitted Uses: A. The use shall have a low flood damage potential. B. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. 4.3 Conditional Uses: A. Extraction and storage of sand, gravel, and other materials (see "Zoning Ordinance Section 16.11 and Section 21, generally). B. Water control structures. C. Railroads, streets, bridges, utility transmission lines, and pipelines. D. Placement of fill (see Zoning Ordinance Section 21). 4.4 Standards for Floodway Conditional Uses: A. All Uses. No fill (including fill for roads and levees), deposit, obstruction, or other use may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. B. All Foodway conditional uses shall be subject to the procedures and standards contained in Section 10.4 of this Ordinance. C. The conditional use shall be permissible in the underlying zoning district if one exists. D. Fill. Any permitted fill placement shall comply with the Land Reclamation standards of Zoning Ordinance Section 16.10, and erosion control requirements in Zoning Ordinance Section 22. E. Storage of Materials and Equipment. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. The storage or processing of materials that are in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. i F. Community -wide structural works for blood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. SECTION 5. FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted or accessory uses in the underlying zoning use district, provided that the use or structure can be elevated on fill such that the lowest floor is at or above the regulatory flood protection elevation. A. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory Rood protection elevation and the fill shall extend at such elevation at least Fifteen (15) feet beyond the outside limits of the structure erected thereon. B. An accessory structure or use not designed for human habitation, which constitutes a minimal investment, and which does not exceed 500 square feet at its largest projection may be flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, the use or structure may be flood proofed to the 1711-3 or FP-4 classification in the State Building Code (if a detached garage, the garage must be used solely for parking vehicles and limited storage). Flood proofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and (3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings C. All permitted uses shall comply with the "Standards for all Flood Fringe Uses" listed in Section 5.3. 52 Conditional Uses: Any structure within the district that is not elevated on fill or eligible under Section 5.1(B) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria specified below and in Section 5.3. The procedures of the Zoning Ordinance applicable to conditional use permit applications shall apply to applications under this Section. A. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. "These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above - noted alternative elevation methods are subject to the following additional standards: (1) Design and Certification - The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific Standards for Above -grade, Enclosed Areas - Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: a. A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and b. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. B Residential basement construction shall not be allowed below the regulatory flood protection elevation. C All areas of non residential structures placed below the regulatory flood protection elevation, including basements, shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components j having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the IT-3 or FP-4 classification shall not be permitted. 5. i Standards for All Flood Fringe Uses: A. Storage of Materials and Equipment. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Storage of other materials or equipment is allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. B. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. C. Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. [lowever. a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. D. Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in (C) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 1 Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. F. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. G. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. SECTION 6. 100 YEAR FLOOD ELEVATION PROCEDURES 6.1 Upon receipt of an application for a permit or other approval within a Zone A, the Zoning Administrator will use the 1 % annual chance flood elevation for that basin that has previously approved FEMA methods, if available. If the 1% annual been determined in accordance with iously determined, the applicant shall be required to chance flood elevation has not been prev furnish all necessary information as deemed necessary by the Zoning Administrator for the determination for the 1% annual chance flood elevation in accordance with approved FEMA methods. 6.2 The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining: whether the proposed use is in the Floodway or Flood Fringe District and to determine the I annual chance flood elevation (100-year flood elevation). Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. 6.3 Once the 1% annual chance flood elevation (100-year flood elevation) has been determined, the Zoning Administrator shall process the permit application consistent with the applicable provisions of Section 4 and 5 of this Ordinance. SECTION 7. RESTRICTION ON SUBDIVIDING LAND IN FLOOD HAZARD DISTRICTS. 7.1 All lots which include any land within the flood hazard districts shall be able to contain a zoning -compliant building site entirely outside of the Floodway District and at or above the regulatory flood protection elevation. All subdivisions including; property in a flood hazard district shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. The regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents to which this Section applies. SECTION S. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES I. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. 8.2. Public Transportation Facilities. Railroad tracks, roads, and bridges proposed to be located within the flood plain shall comply with Sections 4 and 5 of this Ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3. On -site Sewage Treatment and Water Supply Systems: On any lot containing property included in a flood hazard district, where public utilities are not provided: A. On -site water supply systerns must be designed to minimize or eliminate infiltration of flood waters into the systems; and 13. New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on -site sewage treatment systems shall be determined to be in compliance with this Section. SECTION 9. ADMINISTRATION. 9.1. Zoning Ordinance Procedures Apply. This Ordinance is adopted as an official land use control of the City of Gem Lake, and should be applied in harmony with the Zoning Ordinance and Subdivision Ordinance of the City. Except as modified herein, the procedures and standards applicable to permits and applications sought under the Gem Lake Zoning Ordinance shall govern any application for permit, variance or other permission under this Ordinance. 9.2. Fill and Elevation Certification. "file applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the Finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood proofing measures shall be certified by a registered professional engineer or registered architect. 9.3. Record of First Floor Elevation. 'fhe Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain _ a record of' the elevation to which structures or alterations and additions to structures are flood proofed. 9.4. Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the honing Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. 9.5. Additional Standards Applicable to Flood Hazard District Variances. No variance shall have the effect of permitting a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied before a variance may be granted: A. Variances shall not be issued by a community within guy designated regulatory floodway if any increase in flood levels during the base flood discharge would result. B. Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety. extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 9.6. Additional Standards Applicable to Flood Hazard District Conditional Use Permits. A. In addition to other requirements, site plans shall show the elevation of the lot. existing or proposed structures, till, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel, and specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. B. The City shall transmit one copy of the information described in subsection A to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities. the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. C. Based upon the technical evaluation of the designated engineer or expert, the Planning Commission and City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. J D. In passing upon a conditional use application, the Planning Commission and City ~) Council shall consider the following in addition to the standard factors required for a conditional use: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of' alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (1 1) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (12) Such other factors which are relevant to the purposes of this Ordinance. 9.7. Notice to DNR Commissioner. The City shall submit to the Commissioner of Natural Resources a copy of an application for proposed conditional use permit or variance in a flood hazard district in sufficient time to give the Commissioner ten (10) days' notice of the hearing. A copy of all decisions regarding conditional use permits and variances in flood hazard districts shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of' such decision. 9.8. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify any applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance. and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. 9.9. Additional Requirements Applicable to Nonconformities in Flood Hazard Districts. A. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use j shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., F13-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted below. B. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Section 4 or 5 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. C. I1' any nonconforming use or structure is substantially damaged, as defined in this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0 and 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively. D. If a substantial improvement occurs, as defined in this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 4 or 5 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. SECTION 12. VIOLATIONS AND PENALTIES. 12.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. 12.2 Nothing herein contained shall prevent the City of' Gem Lake from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: A. In responding to a suspected Ordinance violation, the ZoninID g Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, alter -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of' flood insurance availability to the guilty party. The Community must act in good faith to enforce these ollicial controls and to correct Ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. �l B. When an Ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with 111C Co11111111n1ty's plan of action to correct the violation to the degree possible. C. The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. 11' the construction or development is already completed, then the Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be made Within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after -the -fact permit/development approval within a specified period of time not to exceed 30-days. D. If the responsible party does not appropriately respond to the Zoning Administrator Within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of' this Ordinance. SECTION 13. AMENDMENT. The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that. through other measures. lands are adequately protected for the intended use. All amendments to this Ordinance, including amendments to the Official "Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (Fi MA) 'technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the Ordinance amendment or technical study under consideration. SE,C ION 14. SEVERA.131LFFY. 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. J SECTION 15. EFFECTIVE DATE. 'this Ordinance shall take effect and be in force from and after its passage and publication. Dated: Robert Uzpen — Mayor , 2010 William Short - Clerk Summary of Ordinance 114 approved by City Council and published in the White Bear Press on 2010. City of Gem Lake, MN Resolution No. 2010 — 07 A RESOLUTION AUTHORIZING THE CITY FINANCE OFFICER TO USE GAMBLING FUNDS AND PAY LAKE AREA TRANSIT BUS COMPANY FOR 'mE CITIES CONTRIBUTION FOR "fI-IE YEAR 2010. WHEREAS, The City of Gem Lake participates in the Lake Area Transit Community Bus Service, WHEREAS, The City of Gem Lake awards to the Lake Area Transit Bus Company $500.00, 13E IT RESOLVED, that the City Treasurcr is authorized to send to Lake Area Transit Bus Company the amount of $500.00 for the cities contribution of the year 2010. WHEREUPON, the above resolution was adopted at the May 18th, 2010 regular City Council Meeting for the City of Gem Lake, Ramsey County Minnesota, made by Council Member and seconded by Council Member ATTEST 1, William Short, the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing resolution is a true and accurate representation of action taken by the City Council of the City of Gem lake on the date first written. William Short, City Clerk j Date CITY OF GEM LAKE CASH AND INVESTMENT BALANCE STATEMENT As of 04/30/10 Fiscal Year: 2010 Cash and Investments Balance Balance Name of Fund 04/01/2010 Receipts Disbursements 04/3�10 General Fund $249,414.55 $778.37 $21,822.08 $228,370.84 Parks and Playgrounds $37,062.06 $0.00 $0.00 $37,062.06 2004 Debt Service Fund $1 11,826.62 $0.00 $0.00 $111,826.62 2006 Debt Service Fund $121,931.47 $0.00 $0.00 $121,931.47 2007 Capital Improvement Bonds $50,166.78 $0.00 $0.00 $50,166.78 Street Improvement $0.00 $0.00 $0.00 $0.00 $0.00 City Hall Construction $0.00 ($83,972.53) $0.00 $0.00 $0.00 $0.00 ($83.972.53) Sc11eUnenan Road lmprovemetns $25,893.94 $0.00 $0.00 $25,893.94 Hoffman Road Improvements Sewer Enterprise Fund $280,997.84 $7,740.36 $3,767.49 $284,970.71 Investment Trust Fund $0.00 $1,108.58 $0.00 $1,108.58 $793,320.73 $9,627.31 $25,589.57 S777,358.47 $510,251.98 Premier Checking $0.00 Premier CD's $20 j Wells Fargo Investments 2,1 $2.106..49 J Wells Fargo Money Market 5777,358.47 NOTE: Cash balance in the Investment Trust Find represents the interest received in April 2010. 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'n U r'1 r'1 In 7 N In J 00 r`.I O o �O rl1 o O C`I O O O rn rn r CD CDr oo In O o C 0 O` CD� O O O \O �o ct O r C 0 In 00 00 In V O` — -n M In 7 O, O` 00 V — In — r1 r1 o C o 0 0 0 0 0 0 0 0 0 0 o c C o 0 0 0 0 0 0 0 0 0 hl -t O O r^ r 0 In 0 0 Cal Ct Vr 00 ONO O — rrJ ri 99 sZ U w v O U U N a) c U ,C cc)bn = y 7 v 01) i A O,. rn On . V C as °� ly CD-rn N v w C6It,_, cC v 7 C O N O U µ: Oa.QwS� C O N U 1 UceV) F W W I Q N �) U G G O � O hl N r1 7— L1] 1 N Q) Lil o � CiN aGiS U� LL) a) =3 LOi. zC) v -as lu t u� 5 � � Q U i 00 00 V'1 V1 00 b0 O O F!1 O O O O O O 00 �n �n 00 00 0 0 00 00 00 00 0 0 ,we Claims For Payment CITY OF GEM LAKE Period Ending 05/18/2010 Signatures Approving Claims Date of Approval Robert Uzpen, Mayor Jim Lindner, Council Gretchen Artig-Swomley, Council Tom Rasmussen, Council Rick Bosak, Council Jessie Hart, Treasurer Fund Totals 1 1 $ Amount General Fund 26,373.83 Parks & Playgrounds 0.00 2004 Debt Service Fund 0.00 2006 Debt Service Fund 0.00 2007 Debt Service Fund 0.00 City Hall Construction Fund 0.00 Scheuneman Road Improvements 0.00 Sewer Fund 4,817.04 Investment Trust Fund 100.000.00 Total All Funds 131.190.87 4130/10 at 07:35:51.10 City of Gem Lake Check Register - Prepaid Checks For the Period From Apr 30, 2010 to Apr 30, 2010 Filter Criteria includes: Report order is by Check Number. heck # Date Payee Amount 7963 4/30110 Julie Newkirk 150.00 7964 4/30/10 QWEST Total 95.68 245.68 Page: 1 5/17110 at 13:12:36.56 Page: 1 City of Gem Lake Check Register For the Period From May 1, 2010 to May 31, 2010 Filter Criteria includes: Report order is by Check Number. ,,heck heck # Date Payee Amount 2010-03 5/19/10 Wells Fargo Securities, LLC 100,000.00 7965 5/18/10 FedEx Office 258.52 7966 5/18/10 CUP - High Tech Auto Services 679.70 7967 5/18/10 Todd Kirchhammer 166.36 7968 5/18/10 Kelly & Lemmons, PA 845.00 7969 5/18/10 Lake Area Transit 500.00 7970 5/18/10 LarsonAllen LLP 10,697.00 7971 5/18/10 Julie Newkirk 150.00 7972 5/18/10 CUP - 4 Seasons Auto 320.40 7973 5/18/10 Press Publications 28.30 7974 5/18/10 Ramsey County 6,827.23 7975 5/18/10 Robb Olson Law Offices, PLLC 25.00 7976 5/18/10 SEH 1,375.40 7977 5/18/10 S&T Office Products 62.68 7978 5/18/10 St. Paul Stamp Works, Inc 56.14 7979 5/18/10 T.A. Schifsky & Sons, Inc. 810.00 7980 5/18/10 Waste Management 794.07 7981 5/18/10 City of White Bear Lake 1,460.00 7982 5/18/10 White Bear Township 3,946.08 7983 5/18/10 VOID 7984 5/18/10 Xcel Energy 218.93 7985 5/18/10 Gopher State One Call 27.55 7986 5/18/10 Metropolitan Council 1,696.83 Total 130,945.19 O O N V- M _ T m C .O YO � O J }' cV C d N EM O L 4F L Q O +�'+ •N 0 U�LL t � N O a U .L E O o EL a L O-0 LL 2 c .a C 0 ani a� E Y N U T N O r O (Z (D m M (/j N U co m _ � U n_ `m U- J C 7 O v U Q 1 V d t U O O O O 0 O O O LO r (b co L6 m N In 06 N O I- 6 I,- O CM (6 CO r O O U� O O O 00 O O O co O O f` COO O O O LO r O IT O NCl) O Cl) O N N o f-� 0 N cV 0 0 0 co Cl) O O O (O O O 00 O O O IT O CY) N r O Cl) O O 0 O CO O IT r- O M O O 00 O 0 O O N O O O (O to O r-� O O O O O N M cli In CD N O (n m ttN LO r 00 r(D (DLo r m N(O C)r (fl C r r O i Oco U O O 0 p CD 0p D U) O �_ N CIA co CDa U) V Cl o v (n CO o o U) o = U N * k 0 N 0 0 N U J J �U ai c00 "r c 2' op N N c O a � J C V U) CO (0 N (0 Cn (O (b (u .0 0- Ul (D U) U U *k m 0 r cm N Q .O C o 0 7 c p U - O) C N O LL C O O Q OO pp r N J D- C "- Q +• 2 U) Q U U U N C O O N O C Q N U O o v U U N v' V E E p C 7 N N J J E CL O E •2 m - N (6 J U �_ .z C L N O O U W d F'- Ol U C_ N O f0 O N LL LL C E L O U U a) E U .0 5- a f0 O (A p) C) C f1 N OL to �� C Q L SZU O N C (6 }"� o 0 a) ��OO- U Y � U 0 00 '� U L N O u) U o U•� �Y rJ p06 N 1 ') CZ oar c� i >+ U U) �- O� 0 �� HU �O UZ x _0_ c i UCn N UQ QQ(or == O -C C C (n (6 •` to aO U p- O UZ .4) W W m �a 4-- D -O -O = 2 = T Q N O_ N 1 CA 6�ClJ (n 0 0 C) c6 C Nzi M= C � (ll C to O N 0- a) E N L (6 -� '-� 0-0 N �$� O U� 2� _(� O Q) (n 2LL N �U O ==� QY O m NJ 0 NNUUJ �-3 Of C) CLIL O(nOf aD� 0) C14 r N r ti LO Cl) 0 LO p p O OLO C)O Cl)(n 00 O Cl) Cl) Cl)C`') Cl N CY)d' Cl) Cl) C?ch Cl)(h Cr) 00 0 0 60 r o 0 O O O O 00 60 0 0 0 0 0 0 0 r 0 O O 0 0 0 60 O O O O IT O O O O O O V'T O O O O O O O O O O O 00 00 O O O O O ,q = C)) = 0')- V C)) r (n C)) C)) (0- CY) lf) a) Lr) (A r (0- CD O O O N o r 0 O O 0 ;r O O O O -0 -0 N C N O O r 66 66666 66 66 0 0 O O 0 0 0 66 660 C) CDO O O O O 0 0 O O O O O O O O O 00 O O O O O 00 O 0 C) O C)O O co 00 O C)O 0 0 0000 rr rr rrr rr rrr rr r r r rr rr rrr rr Cl) O O o O co O O CY) r` 00 CA r` CY) CY) r O CY) CA ti N (Y) (h CY) r` V r- 6] C3) r• O o C) o O o_ O_ O r O_ O r 0 r o r C) CD_ r r 6) LO o O 0 Cl)r V 00 (n r 00 r (6 00 r Zn 00 r (n 00 r LO 00 r Cn 00 LO 0o ao 00 0r uB irl N d N a c C° c00o IT 0 0 0 0O o 0 (oo LO (No Lc°O o m coo E v co co I` � (o rn m U �(o (0 00 'V O coo I- Cl) 000000000 CD N 0 0 0 0 O Lo O C N (D 0 00— co(Y) O O O O O O LO O O I— OI— LO 00 LO O L.() O O N co O I� (o O 6 j L6 I-- LT LO LLB I- 006 I� l� �t N Ln I- N cV LO O - (D (D W LO _ (D N LO 0 O c) c) 0 0 N 00 (o r- co N (o 0 co ti E OV 0 (O o') (D IT N N chN 0 T O Q N T � CM C L 0 0cn m Y CD RS N p co w J N Z cn m E c- o O L L > C O O 4-^ O N E O Y N N O O T O O Jam+ O O O O N - 0 N U 0 LL �� m - Nm, O - N 0 0) In - O m Q .d C O 0 1 N O_ O LO (�I (6 Q O LO O Q O 0 uj O >, f4 00c"00�4� ON OL N d LL U O V O 4) w - N �'� C_ 0) Y C LO Ll1 CO 0) o's (n i E .� U M O O m Lo Lo Y m O Ljj (� y 0 C a) n m N N a E E' 0 Z 7- U i- a N U (� U O L C .L CT C U (6 `1 f6 O c6 N O ++ (� L N O V '� lT� Q— (D Z m C O_Q L c fn O W C: co— Q-oo U Ln(n o �:� QU q1U C j �� �� �� C 7� ' �.�00 N �� In ETC 2 7 C(O m J Nw 7 m Co >(A LL o 7 OU Icp O -CD o V yp 022 N p N �, cA(n2 �H rn� �Q 2i �w mo 2'5 E � a) co L) O o UQQ� O o OQQ W (7(nUUcn m06 0-(n O+% ❑(n U)� 7 ��� ��U »- �mmm(AmQo-a-02�D��000 > U) o. a� N N O V Lo IT <' N O c7 00 (O 00 00 O) O O N N W W N z o0 O N O OD co N O o0N000 - (`')NN 00 mm N (h chc? chch chchc?C?C?C)c?NNNCV C?I?I') M U C) 2 0 0 0 0 0 00 O O N O O O O 000 O O r- 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 O N O CD O O O O O N CD O CD000 O O o 0 0 0 V V 0 0 0 0 O_ O O (D O O N_ U C 0 I-00o O O M NO - M0 0)O- O NN NNO L.[)�O�W rnLn o)o]rn0)rnrnrn -� N -N - -- -'q000 O M >, 3 0 VV - V- ,I- - T - VV- VVV VVV V d'V�V VItVVV777 i i r- '7 w V i 0 0 0 0 0 i O O i O O i O O i O O O O O O i i O O O O O O O O O O O O O O O O O O O O CD V Q o0000 00 00 00 00o OOo O0000-0000000000000 0 0 `o 0 0 a � m M ii N -U Y V (fl 00 G7 CD N a C t U � rn w rn rn rn Co O O O O O O O O O U d 00 CC) OD 00 00 00 OD co " p Li) L() LO LO Ln LO L(j Lo Ln ii M c O O E r O Q N ` � CM d C s O YO O n N C d E M L cn a /y_ O Q O � ULL N O ° U 'L N � (L_ c) 1° N 0 O. LLU) c Q 0 N c o J n a) a� a E Z U a) Q L U T ,N C � a w O N U Q a 0 O O_ a) Q' � cn. Y V �r � 5 t U J Y � U ti a� U to Ch LO m M' rn uo co Ln °° NCD co CO 0 N N T M I � I O. w LD 0) r V I-. 6 6 CV N r (Op M ' O C)O O N = O co N aU m N ro -L 't00 (D N 0 0 M V U O U C U ca C:0 N W J (n O Q 4) - N =2X <0 r> m co co T T Cl) C? C? m O O O O O 00 "T� O O O O O 0)CY) T T T T T T T O V O V O V'T T V T V T 000 00 0 0 O O O O O O O M 0 M CO 00 OD co O CITY OF GEM LAKE LAWFUL GAMBLING REPORT As of April 30, 2010 Fund Balance, December 31, 2009 2% Gambling Contribution Collected, 2010 Fourth Quarter - 2009 $ 892.00 January, 2010 285.90 February, 2010 297.14 March, 2010 300.26 Available Balance Lawful Purpose Expenditures, 2010 National Night to Unite Budgeted $ 250.00 Lake Area Transit Expended 500.00 White Bear Lake Emergency Food Shelf ? White Bear Lake HS Scholarship Expended 50000 Union Gospel Mission ? Willow Lane Elementary School ? $ 1,277.89 1 775.30 $ 3,053.19 1.250.00 Fund Balance, April 30, 2010 $ 1,803.19