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HomeMy WebLinkAbout2010 09-21 CCPI 00�_ City of Gem Lake, MN City Council Meeting - September 21, 2010 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 of August, 2010 Committee Reports Accept the following Planning Commission Minutes • August 2010 Old Business • News Letter Ideas • Tower Ordinance Discussion Public Hearing • None New Business • Conditional Use Permit for S.G.S. Holdings • Resolution 2010 — 13 Delinquent Sewer Bills • Resolution 2010 — 14 Delinquent Fire Bills • Resolution 2010 — 15 Delinquent Septic Bills • Claims for September • Monthly Financial Reports • Tangwall/Larkin Discussion • Four Seasons Conditional Use Permit Revocation Discussion • Open Items for the Council Members to bring up. • Presentations from the Public, five minutes maximum presentation. Future Council Meetings • Next Workshop Meeting, October 4 at 7:00 P.M. • Next City Council Meeting, October 19 at 7:00 P.M. Adjournment J• The meeting adjourned at Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, MN 4200 Otter Lake Road _ .ij — - Gem Lake, MN 55110-3227 z— Telephone 651-747-2790 E-mail CityngemlakeNlN.orV, Gem Lake Planning Commission Meeting 7 September 2010 The regular meeting of the Planning Commission of Gem Lake was called to order by Chairman Craig Rafferty on Tuesday, September 7, 2010 at 7:03 p.m. in the Gem Lake City Hall conference room. The following members were present: Chairman Craig Rafferty, Planning Commissioner Beth Herzog, and Alternate Commissioner Arthur Pratt. 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 August Planning Commission meeting minutes. The August Planning Commission minutes were discussed and upon motion by Commissioner Herzog and seconded by Commissioner Pratt, the August minutes were approved. Ayes — 3, Nays — 0. PUBLIC HEARINGS Public Hearing CUP 1577 County Road E: Owners Sally Ackerman and Giorgi Gochitashvili gave a presentation to the Planning Commission regarding the property they want to turn into a car dealership. They will convert the car wash into the show room with a small office in back of the building. The outside of the building will be fixed up and painted with landscaping. They are inquiring about buying the property and are applying for a Conditional Use permit. Public Hearing opened at 7:15 p.m. Gem Lake resident John Berglund spoke about the property they are inquiring to buy as his ten acres are along the property. He feels the building needs to be bulldozed and that the station is not up to code. He feels the water pollution is heading towards Gem Lake. The oil/gas retriever wasn't used and the spillage went down the city sewer. John wants the building up to code if not bulldozed. Gem Lake Planning Commission Minutes Page 2 of 3 The Planning Commission stated that they would be working with the owners to bring the building up to code with the Conditional Use Permit. The owners have had the well water tested and it was clean. The blue prints were looked at and John showed the owners where the potential contaminated soil is suppose to be. The owners are willing to work with the City to bring the property up to code so they can open the dealership. If this moves forward, owners are willing to work with the city to make it environmentally safe. Application has been filed. City Attorney Trevor Oliver suggested having conditions on hours of operation to have on record. Operating hours will be 10 a.m. to 6 p.m. Monday through Saturday. The Planning Commission addressed the issue of the parking spaces available for that property. Zoning Ordinance #109 states the number of parking spaces per property. According to the Conditional Use permit, the parking spaces are on the side, back and front of the building up to 25 spaces. The owners have been working with Tom Riedesel from White Bear Township. Public Hearing closed at 7:45 p.m. Upon motion by Commissioner Pratt and seconded by Commissioner Herzog, it was approved to forward to the City Council Public Hearing — Hunting Ordinance: The City Council requested another public hearing to move forward. Attorney Oliver feels hunting ordinance is almost written in a final draft. The hunting ordinance includes using bow and arrow, target archery, and fire arms. There was a discussion on separating between fire arm and bow and arrow. Attorney Oliver doesn't feel the need to separate as the ordinance is weapons in general. Chairman Rafferty read the summary to the Planning Commission. Attorney Oliver explained the wordage of the ordinance and why it needs to be in place so the law can enforce the ordinance. The city residents can notify the City Council with hunters that abuse the ordinance. The Public Hearing opened at 7:55 p.m. No comments from the public. The Public Hearing closed at 8:00 p.m. Upon motion by Commissioner Pratt and seconded by Commissioner Herzog, it was approved to forward to the City Council OTHER BUSINESS Vadnais Heights: Chairman Rafferty passed out information regarding the north quadrant to develop. Jack Hoeschler would like to develop that area. The Planning Commission requested that Mr. Hoeschler bring a sewer report and zoning of the estate. Look for us on the World Wide Web at gemlakemn.org Gem Lake Planning Commission Minutes Page 3 of 3 ADJOURN Upon motion by Commissioner Herzog and seconded by Commissioner Pratt, the September 7, 2010 regular meeting of the Planning Commission was adjourned at 8:07 p.m. Ayes — 3, Nays — 0. 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 Citvra),11emlakeMN.orj1 Minutes of Gem Lake Special City Council Meeting 13 September 2010 The Special meeting of the City Council of the City of Gem Lake was called to order by Mayor Uzpen on Monday, September 13, 2010 at 7:00 pm in the Gem Lake City Hall meeting room. The following members were present: Mayor Robert Uzpen, Councilmembers Thomas Rasmussen, James Lindner, Gretchen Artig-Swomley and Richard Bosak. Other members of the public attended per the sign in sheet sent around the room. AGENDA: The meeting was called to order regarding Hunting Ordinance Action #120 Hunting Ordinance #120: Mayor Uzpen stated that there have been two Public Hearings, and two workshops on this ordinance. The Planning Commission has recommended to the City Council to leave the ordinance as is with no changes to the wordage. This meeting tonight is to discuss this ordinance to pass it or reject it. Based upon input from the public, there would be no hunting within the City of Gem Lake. There was a request from some individuals to allow target practice through a permit. If the deer population needed to be thinned and the city was approached by the state or the county. The city would hire professionals to perform the hunt and the city would arrange with the landowners to allow the hunt. The City Attorney Trevor Oliver wrote the ordinance. Upon motion by Councilmember Lindner and seconded by Councilmember Bosak, the motion to approve City Ordinance #120 has been made and seconded. Councilmember Rasmussen asked if any changes have been made and Mayor Uzpen responded that none was made. The City Council discussed the ordinance and the reasons for it. The city has no ordinance to regulate firearms and their use as well as hunting and without. Tom Bolfing at 3930 Haven Lane requested to speak. Mayor Uzpen stated that tonight's meeting is not a Public Hearing, but out of courtesy, Mr. Bolfing will be allowed to make a short comment. Mr. Bolfing stated that he has been hunting in the City of Gem Lake for twenty years and feels bow hunting should not be abandoned. A bow arrow goes less than 17 yards versus a firearm bullet. Local government unit for private hunting has to follow steps of applying for a permit, J Gem Lake Special City Council Meeting Page 2 of 3 have a written plan and maintain records of deer kill. He wants to see the City of Gem Lake to adopt state guidelines to hunt in Gem Lake. Another point he made was if Gem Lake creates more laws, there will be more outlaws and create more enemies. It was explained by the City Council to Mr. Bolfing that there were more property owners that were not in favor of hunting than for and that the city has an obligation to create such ordinances that protect the people of Gem Lake. The City Council has listened to the citizens of Gem Lake and has written the ordinance to make the City of Gem Lake safe. Mr. Bolfing can sign up for bow hunting when the city needs to hire professionals. Councilmember Lindner read Section Five of the ordinance and stated that Mr. Bolfing can challenge the ordinance. Mayor Uzpen stated that motion has been made and seconded to accept Ordinance #120. Ayes — 5, Nays — 0. Ordinance #120 passes five to zero. This ordinance goes into effect immediately following publication in the paper. ADJOURN The September 13, 2010 Special meeting of the City Council was adjourned at 7:43 p.m. Upon motion by Councilmember Lindner, and seconded by Councilmember Artig-Swomley, the Special City Council meeting was adjourned. Ayes — 5 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 Special City Council Meeting Page 3 of 3 SIGN IN SHEET: Commissioner Beth Tom Bolfing Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, MN itai 4200 Otter Lake Road _ Gem Lake, MN 55110-3227 _ Telephone 651-747-2790 E-mail Citvr`aemlakeMN.org Minutes of Gem Lake City Council Meeting 21 September 2010 The regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Uzpen on Tuesday, September 21, 2010 at 7:00 pm in the Gem Lake City Hall meeting room. The following members were present: Mayor Robert Uzpen, Councilmembers James Lindner, Gretchen Artig-Swomley, Richard Bosak and Thomas Rasmussen. 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. Upon motion by Councilmember Artig-Swomley, and seconded by Councilmember Bosak, the agenda was approved for September 21, 2010. Ayes — 5, Nays — 0. City Council August Meeting Minutes: The August, 2010 minutes were presented and corrections were needed. Upon motion by Councilmember Artig- Swomley, and seconded by Councilmember Bosak, the minutes of August 2010 were accepted with corrections being made. Ayes — 5, Nays — 0. Planning Commission August Meeting Minutes: The Planning Commission minutes were tabled to be reviewed at the October City Council meeting. Newsletter: Councilmember Artig-Swomley suggested having the lead story on the railroad crossing that was repaired. In addition, an article on the hunting ordinance and why it adopted and stress that not everybody agreed with the ordinance, but the City Council listened to the residents and made their decision based on the safety for the citizens of Gem Lake. Mayor Uzpen sent a letter to land owners of five acres or more suggesting they post "no hunting" signs on their land. Within the Hunting Ordinance, there is a provision to obtain an archery permit, which can be obtained at the White Bear Township office. The permit is written with the directions on what you can and cannot do regarding hunting in Gem Lake and the person requesting the permit has to sign it stating that they have read the information and will follow the rules. Finally, a progress report on the Vadnais Heights sports facility. Gem Lake City Council Meeting Page 2 of 6 -1 OLD BUSINESS J Tower Ordinance: There has been a Public Hearing on this ordinance and the Planning Commission forwarded this to the City Council. Councilmember Artig- Swomley stated that not all towers are high voltage and feels that a high voltage sign is not required on each tower. Wants the wordage on the ordinance to state to say that "high voltage" sign is required only for those towers. It has to be determined what would be considered "high voltage." Councilmember Artig- Swomley feels a safety sign would be more appropriate. In addition, the question was brought up as to why it needs to be connected to the electric company. Councilmember Bosak recommended striking this section of the ordinance. Councilmember Rasmussen asked about the smaller low voltage that you could buy at Menards's. Some residents may want to power their homes and not connect with the power company. City Attorney Trevor Oliver was present at the meeting and went through the wordage of the ordinance with the City Council. Mayor Uzpen recommended to the City Council to let Attorney Oliver work on the ordinance further. Conditional Use Permit for S.G.S. Holdings: the Planning Commission had a Public Hearing regarding this permit, recommended to move forward with this, and forwarded to the City Council. Mayor Uzpen asked if the City Council had any questions or concerns regarding this permit. The owners Giorgi Gochitashvili and his wife Sally Ackerman presented the required paperwork. The question was raised regarding the buried tanks. It had been recommended to remove the oil from the soil. NCPA came out to view the property and closed the file, as there is some contamination, but not enough for any concerns at this time. They would need to go down 50 feet to check soil on existing tanks. The holding tanks were put in 1998 and are underground tanks. They are per code and the well is in place and tested okay. The well is 50 feet away from the tanks and code is requiring that the well be 100 feet away from the tanks. The condition on closing the sale on the property will be the well will be moved 100 feet north from the holding tanks. The bank has not sent the report to the City Council stating this information. The City Council is requesting the MPCA report to view. At this point, the owners want to renovate the car wash building for the car showroom with an office and space to repair cars in the back of the building. They are also planting special plants that help the environment. If they decide to add a gas station at a later date, they will remove the underground tanks and test the soil around and beneath the tanks at that time. The State of Minnesota requires that gas stations have ten years to remove the underground tanks. Novua Engineering was at the property and determined if a food store were built at a later date, then there would be a lot of testing before a food license would be issued. At this point, a Conditional Use Permit is for the sale of cars. The standards are: Look for us on the World Wide Web at gemlakemn.org :i Gem Lake City Council Meeting Page 3 of 6 1. The Conditional Use Permit will automatically renew unless the City Council determines that S.G.S. is in violation of the conditions of this permit. 2. Move the well 100 feet from the underground tanks if the tanks stay in the ground. 3. There will be no detraction from the appearance of the adjacent properties or the town as a whole. 4. There will not be an ascetic in compatibility. 5. There will not be noise in compatibility. 6. There will not be damage to vegetation. 7. Traffic patterns will not be made into the effect. 8. It will not cause soil erosion. 9. It will not increase flood potential. 10. The proposal is consistent with the comprehensive plan and complies with other ordinances. 11. No cars will be located on County Road E for sale. 12. No cars will be located on Scheuneman Road for sale. The application is to sell cars from a remodeled carwash, so there will not be retail cars for sale on County Road E in the parking lot or on Scheuneman Road in the parking lot. The retail cars will only be in the car wash/showroom. There will be about five to 10 parking spacing in the lot for customers. Upon motion by Councilmember Rasmussen and seconded by Councilmember Bosak, the motion has been made and seconded to approve the Conditional Use permit for S.G.S Holdings with the added conditions as discussed. Ayes — 5, Nays — 0. Resolution 2010 — 13 Delinquent Sewer Bills: Resolution was discussed and any delinquent as of the property ID will be assessed to their property taxes. There was a typo in the resolution. Upon motion by Councilmember Rasmussen and seconded by Councilmember Lindner, Resolution 2010-13 was approved with corrections. Ayes — 5, Nays — 0. Resolution 2010-14 Delinquent Fire Bills: All commercial properties on Hoffman Road and Scheuneman Road who are delinquent with fire inspections. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak, Resolution 2010-14 passes. Ayes — 5, Nays — 0. Resolution 2010-15 Delinquent Septic Bills: There is a typo on the resolution. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak, Resolution 2010-15 passes with corrections. Ayes — 5, Nays-0. Claims for September: Treasurer Jessie Hart is at a conference this week, so the claims were not printed out for the council to view. There is an ordinance in place so that repeating bills can be paid. The council approved the paying of these bills under this ordinance. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 4 of 6 Monthly Financial Reports: The City Council received and reviewed the handout. Gem Lake needs to have a fee schedule in place for the archery permit. Tangwall/Larkin Discussion: Mr. Tangwell has not applied at White Bear Township for his permit. He is trying to get a professional landscaper to create a new plan before he applies for the permit. Mayor Uzpen has not spoken with Rob Olson, so Attorney Oliver will call Mr. Olson. It has been over a year since the City Council has addressed this issue with Mr. Tangwall. The next step would be the city states what is suppose to be done or the city will proceed with a monetary fine and have a judge review it. It can be a misdemeanor citation. The city cannot assess their property, but can move forward to the next step. A letter needs to be sent out requesting an update every thirty days. Attorney Oliver will keep the council updated. Four Seasons Conditional Use Permit: There have been violations of the Conditional Use permit on a weekly basis. The City Council will have a Public Hearing in October and will send out a letter stating that the Conditional Use permit will be revoked. OPEN ITEMS Mayor Uzpen stated that the plowing contract needs to be renewed. The plowing contract is from October to September. He is receiving bids and will present the bids to the council at the Workshop. Councilmember Artig-Swomley is writing a proposal to present to the council to obtain a permit for solar power for her home. There is no ordinance regarding any solar heating. The panels will be eight to ten feel high and it will be in her yard. Resident Paul Emeolt had some questions regarding the tower ordinance. The City Council answered his questions regarding the height of the tower and clearance for the tower. FUTURE COUNCIL MEETINGS Workshop Meeting: October 4, 2010 at 7:00 p.m. City Council Meeting: October 19, 2010 at 7:00 p.m. Look for us on the World Wide Web at gemlakemn.org 0 Gem Lake City Council Meeting Page 5 of 6 ADJOURN The September 21, 2010 regular meeting of the City Council was adjourned at 8:54 p.m. Upon motion by Councilmember Lindner, and seconded by Councilmember Artig-Swomley, the City Council meeting was adjourned. Ayes — 5, 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: Sally Ackerman Giorgi Gochitashvili Paul Emeolt Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 121 AN ORDINANCE AMENDING ORDINANCE NO. 43K TO PERMIT THE CONSTRUCTION OF RESIDENTIAL WIND ENERGY CONVERSION SYSTEMS (WECS) WITHIN THE CITY OF GEM LAKE THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: The text of this Ordinance shall be appended as a new Section to Ordinance 43K. 1. Purpose. The purpose of this Ordinance is to establish standards and procedures by which the installation and operation of residential wind energy conversion systems (WECS) shall be governed within the city. 2. Definitions. For the purposes of this Ordinance, the following words, terms and phrases have the meanings given to them in this Section: Wind Energy Conversion System (WECS): An electrical generating facility consisting of a turbine, tower, and associated control and conversion electronics. Residential WECS: A WECS with a rated generating capacity of 40 kilowatts (kW) or less which is intended primarily for producing electrical power used on -site. Total Extended Height: The highest point reached above natural grade by the tallest part of the WECS (e.g. the tip of the turbine blade at its highest point of travel). 3. Zoning Allowance. A Residential WECS may be installed as an accessory use in all zoning districts, provided that the system complies with all terms and conditions of this Ordinance. 4. License Required. A license must be obtained from the City of Gem Lake for each Residential WECS installed in the City. The City Council shall designate a member of City staff as the officer responsible for accepting and reviewing applications for Residential WECS licenses. The City Council shall establish fees by separate resolution for review of an initial application and for renewal applications. 4-1. Initial Application. Any person wishing to install a Residential WECS shall complete an application on a form provided by the City, pay the required application fee, and submit the application fee, and attach the following additional materials: a) A site plan, drawn to scale, depicting the location of all WECS components on the property; the locations of property boundaries; the location of all structures and above -ground utilities located on the property, and the location of any public rights -of -way or utility easements on the property. The plan shall also indicate the height of the tallest structure, tree or object lying within 30 feet from the base of the tower. b) Documentation that a current insurance policy extends coverage to the proposed Residential WECS, whether under existing property insurance or a separate policy. c) A copy of the WECS manufacturer's documentation stating rated generation capacity, standards certifications (such as Underwriters' Laboratories certification) for each WECS component, installation instructions, standard drawings or schematics for the equipment, warranties, manufacturer's warnings, and emergency procedures. d) Documentation that the applicant has notified the electric utility company of the utility customer's intent to install a WECS. 4-2. Renewal Application. A person with a WECS previously installed upon their property shall submit a renewal application on a form provided by the City, pay the required application fee, and provide the following: a) A revised site plan and elevations reflecting the current location and height of trees, structures and utilities on the property in which the tower is located; and b) If any of the documents required by Section 4.1 (b), (c) or (d) have been replaced by new documents or revised, current copies of those documents. 4-3. Review of Applications. The officer designated by the City Council shall review the license applications and attached supporting material for compliance with the regulations set forth in this Ordinance. If the reviewing officer believes the proposed or existing WECS complies, the officer shall issue the license. 4-4. Term of license. A Residential WECS license shall remain in effect for five (5) years following issuance, unless the City Council shall earlier revoke the license for failure to comply with the terms of this Ordinance. 4-5. Revocation. If the City learns of a violation of this Ordinance, it shall provide a notice to the property owner of the alleged violation and the date and time of a hearing before the City Council to consider the violation. The City Council shall hold a hearing, at which it will receive evidence of the violation and take testimony from any interested parties, including the property owner. Following the hearing, if the Council determines that the WECS is in violation of the standards in this Ordinance, it may revoke the WECS license immediately, give the owner a reasonable period of time in which to correct the violation without revocation, or choose to take no action on the WECS license. If a WECS license is revoked, the WECS and tower must be dismantled and removed from the property within 90 days of revocation. 5. Code compliance. WECS installation is not exempt from the State Building C'odc and similar safety codes, and all permits required for the construction and/or installation of WECS components must be obtained from the City's Building Official prior to commencing work to install the WECS. 5-1. Compliance with state building code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the state building code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer. 5-2. Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the city. 6. Standards for Siting, Installation and Operation of WECS. 6-1. Height. The height of a WECS must comply with FAA regulation part 77 "Objects Affecting Navigable Air Space" and/or MNDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to Air Navigation". 6-2. Setback. WECS towers shall be set back from the closest property line at least one foot for every one foot of the system's total extended height. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback. 6-3. Rotor clearance. Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure (including above -ground utilities) or tree within a 200- foot radius of the WECS tower. 6-4. Rotor safety. Each WECS shall be c(ILiil)ped with control equipment to prevent dangerous operation in high wind and to allow the turbine to be slowed or stopped in an emergency. 6-5. Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: a) Tower climbing apparatus shall not be located within 12 feet of the ground. b) A locked anti -climb device shall be installed on the tower. c) Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. 6-6. Component certification. Each electrical component of the WECS must be certified by Underwriters Laboratories, Inc. The overall WECS system must either be certified or pending certification by the Small Wind Certification Council as compliant with the American Wind Energy Association's Small Wind Turbine Performance and Safety Standard. 6-7. Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 6-8. Signs. Each WECS shall have one sign, not to exceed two square feet, posted at the base of the tower and said sign shall contain the following information. a) High voltage warning. b) Manufacturer's name. c) Emergency phone number. d) Emergency shutdown procedures. No other signage is permitted on the tower or turbine components of the WECS. A manufacturer's name or logo printed on a component is not considered "signage" for the purposes of this Ordinance. 6-9. Lighting. WECS shall not be illuminated from the ground, or have affixed or attached any lights, reflectors, flasher or any other illumination, except for those required by FAA regulations part 77 "Objects Affecting Navigable Air Space" and FAA Advisory circular 70/7460-lF, September 1978 "Obstruction Marking and Lighting". 6-10. Noise emission. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended. 6-11. Utility company interconnection. All WECS shall be interconnected with a local electrical utility company, and shall have an agreement with the local utility prior to issuance of a license or building permit for the WECS. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the city. 7. Test Towers. A tower to support anemometers and other test equipment to determine the feasibility of installing a WECS on the properly may be installed as an accessory use in all zoning districts. A license is not required to erect a test tower, but the City must be notified of the installation and provided with a site plan and elevations similar to that required in Section 4- 1(a). The test tower must comply with all applicable siting, installation and operation requirements in Section 6, though a test tower may use guy wires for support. If required by the State Building Code, a building permit must be obtained before commencing work to erect the test tower. A test tower may stand on a property for a maximum of twenty-four months in any three-year period. 8. Inspection. The city hereby reserves the right upon issuing any WECS license to inspect the pn raises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. 9. Abandonment. If any WECS or tower is not used for six successive months, the City shall give notice to the property owner that the WECS must be put back in service within six months from the date of notice. If the WECS is not put back into service within that time, the WECS and tower shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. 10. Severability. If any provision of this Ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. 11. Effective Date. This Ordinance shall take effect and be in force upon its passage and publication. Dated: , 2010 Robert L. Uzpen, Mayor William F. Short, City Clerk Summary of Ordinance 121 approved by City Council and published in the White Bear Press on August , 2010. J NO. 10-13 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF GEM LAKE, MINNESOTA HELD ON SEPTEMBER 21ST, 2010 Pursuant to due call and notice thereof, the Regular Meeting of the City Council of the City of Gem Lake, Minnesota, was duly held in said City on September 21, 2010, at 7:00 O'clock p.m. The following members were present: Councilors; Uzpen, Artig-Swomley, Bosak, Lindner and Rasmussen; and the following members were absent: None Councilor introduced the following Resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT SEWER CHARGES (AUDITOR NO. 37100001) TO COUNTY AUDITOR BE IT RESOLVED BY THE CITY COUNCIL OF GEM LAKE, MINNESOTA: 1. That pursuant to Section 4.13.2, of Ordinance No. 64E, the Clerk, is hereby authorized and directed to certify to the Auditor of Ramsey County, Minnesota, the delinquent sewer charges on the following described parcels of real estate in the City of Gem Lake: PROPERTY ID NO. AMOUNT 27.30.22.42.0004 479.00 27.30.22.43.0014 260.00 27.30.22.43.0017 931.00 27.30.22.43.0017 876.00 27.30.22.43.0027 918.00 27.30.22.42.0028 139.00 37.30.22.21.0002 1299.00 $ 4902.00 The motion of the adoption of the foregoing Resolution was duly seconded by Councilor Lindner, and upon vote being taken thereon, the following voted in favor thereof: Councilors; Uzpen, Bosak, Rasmussen, Lindner and Artig-Swomley, the following voted against the same. None. Whereupon said Resolution was declared duly passed and adopted. STATE OF MINNESOTA } } COUNTY OF RAMSEY } } CITY OF GEM LAKE } I, the undersigned, being the duly qualified and acting Clerk of the City of Gem Lake, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached and foregoing Extract of Minutes of the Regular Meeting of the City Council of said City held on the 21 st day of September, 2010, with the original on file in my office and that the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution directing certification of Delinquent Sewer Charges. WITNESS my hand as such Clerk and the City Clerk's seal this 21st day of September, 2010. CITY CLERK CITY OF GEM LAKE, MINNESOTA NO. 10-14 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF GEM LAKE, MINNESOTA HELD ON SEPTEMBER 21ST, 2010 Pursuant to due call and notice thereof, the Regular Meeting of the City Council of the City of Gem Lake, Minnesota, was duly held in said City on September 21, 2010, at 7:00 O'clock p.m. The following members were present: Councilors; Uzpen, Artig-Swomley, Bosak, Rasmussen, and Lindner; and the following members were absent: None Councilor introduced the following Resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT FIRE INSPECTION CHARGES (AUDITOR NO. 37100002) TO COUNTY AUDITOR BE IT RESOLVED BY THE CITY COUNCIL OF GEM LAKE, MINNESOTA: 1. That pursuant to Section 5.3.1, of Ordinance No. 77, the Clerk, is hereby authorized and directed to certify to the Auditor of Ramsey County, Minnesota, the delinquent fire inspections on the following described parcels of real estate in the City of Gem Lake: PROPERTY ID NO. AMOUNT 27.30.22.43.0027 97.00 27.30.22.43.0017 97.00 27.30.22.43.0017 97.00 $291.00 The motion of the adoption of the foregoing Resolution was duly seconded by Councilor Lindner, and upon vote being taken thereon, the following voted in favor thereof: Councilors; Uzpen, Bosak, Lindner, Rasmussen and Artig-Swomley, the following voted against the same: None. Whereupon said Resolution was declared duly passed and adopted. STATE OF MINNESOTA } } COUNTY OF RAMSEY } } CITY OF GEM LAKE } I, the undersigned, being the duly qualified and acting Clerk of the City of Gem Lake, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached and foregoing Extract of Minutes of the Regular Meeting of the City Council of said City held on the 21 st day of September, 2010, with the original on file in my office and that the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution directing certification of Delinquent Fire Inspection Charges. WITNESS my hand as such Clerk and the City Clerk's seal this 21st day of September, 2010. CITY CLERK CITY OF GEM LAKE, MINNESOTA NO. 10-15 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF GEM LAKE, MINNESOTA HELD ON SEPTEMBER 21IT, 2010 Pursuant to due call and notice thereof, the Regular Meeting of the City Council of the City of Gem Lake, Minnesota, was duly held in said City on September 21, 2010, at 7:00 O'clock p.m. The following members were present: Councilors; Uzpen, Artig-Swomley, Lindner, Bosak and Rasmussen; and the following members were absent: None. Councilor introduced the following Resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT SEPTIC INSPECTION CHARGES (AUDITOR NO. 37100003) TO COUNTY AUDITOR BE IT RESOLVED BY THE CITY COUNCIL OF GEM LAKE, MINNESOTA: 1. That pursuant to Section 7.4.1, of Ordinance No. 67B, the Clerk, is hereby authorized and directed to certify to the Auditor of Ramsey County, Minnesota, the delinquent sewer charges on the following described parcels of real estate in the Town of White Bear: PROPERTY ID NO. AMOUNT 22.30.22.43.0002 70.00 22.30.22.43.0021 70.00 22.30.22.43.0034 70.00 22.30.22.44.0012 70.00 22.30.22.43.0029 70.00 22.30.22.44.0027 70.00 28.30.22.11.0007 70.00 28.30.22.13.0017 70.00 28.30.22.14.0008 70.00 22.30.22.44.0003 70.00 $700.00 The motion of the adoption of the foregoing Resolution was duly seconded by Councilor Rasmussen, and upon vote being taken thereon, the following voted in favor thereof: Councilors; Uzpen, Artig-Swomley, Bosak and Lindner, the following voted against the same: None. Whereupon said Resolution was declared duly passed and adopted STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF GEM LAKE I, the undersigned, being the duly qualified and acting Clerk of the City of Gem Lake, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached and foregoing Extract of Minutes of the Regular Meeting of the City Council of said City held on the 21st day of September, 2010, with the original on file in my office and that the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution directing certification of Delinquent Sewer Charges. WITNESS my hand as such Clerk and the City Clerk's seal this 21st day of September, 2010. CITY CLERK CITY OF GEM LAKE, MINNESOTA CITY OF GEM LAKE CASH AND INVESTMENT BALANCE STATEMENT As of 08/31/2010 Fiscal Year: 2010 Cash and Investments Balance Balance Name of Fund 08/O1/2010 Receipts Disbursements 08/31/2010 General Fund $346,648.21 $997.86 $21,537.04 $326,109.03 Parks and Playgrounds $37,119.79 $0.00 $0.00 $37,119.79 2004 Debt Service Fund $103,670.57 $0.00 $0.00 $103,670.57 2006 Debt Service Fund $127,806.26 $0.00 $0.00 $127,806.26 2007 Capital Improvement Bonds $58,736.36 $0.00 $0.00 $58,736.36 Street Improvement $0.00 $0.00 $0.00 $0.00 City Hall Construction $0.00 $0.00 $0.00 $0.00 Scheuneman Road Improvemetns ($68,463.31) $0.00 $0.00 ($68,463.31) Hoffman Road Improvements $25,934.28 $0.00 $0.00 $25,934.28 Sewer Enterprise Fund $281,283.60 $3,510.89 $17,136.71 $267,657.78 Investment Trust Fund $909.60 $151,279.58 $150.000.00 $2,189.18 $913,645.36 $155,788.33 $188,673.75 $880,759.94 Premier Checking $510,759.94 Premier CD's $0.00 Wells Fargo Investments $370,000.00 Wells Fargo Money Market $0.00 $880,759.94 NOTE: Cash balance in the Investment Trust Fund represents the interest received in August 2010. 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C N N W o Y U � W � � W 00 00 biD o N N U 0 0 o 0 a GQ U b ou � z Claims For Payment CITY OF GEM LAKE Period Ending; 09/21/2010 Signatures Approving Claims I 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 16,434.16 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 2,011.65 Investment Trust Fund 0.00 Total All Funds 18,445.71 Included above are the pre -paid checks paid on August 31, 2010 and 3rd Quarter Council payroll. 8131/10 at 07:04:28.19 City of Gem Lake Check Register - Prepaid Checks For the Period From Aug 31, 2010 to Aug 31, 2010 Filter Criteria Includes: Report order is by Check Number. Check # Date Payee Amount 8068 8131/10 Corporate Mechanical 362.58 8069 8/31/10 Julie Newkirk 150.00 8070 8/31 /10 QWEST 104.40 Total 616.98 Page: 1 9/20/10 at 14,50:25.90 Page: 1 City of Gem Lake Check Register For the Period From Sep 1, 2010 to Sep 30, 2010 Filter Criteria includes: Report order is by Check Number. Check # Date Payee Amount 8071 9/21/10 Gretchen Artig-Swomley 190.24 8072 9/21/10 Tom Rasmussen 190.24 8073 9/21/10 Robert L. Uzpen Jr 375,60 8074 9121/10 James A. Lindner 190.24 8075 9/21/10 Rick Bosak 190.24 8076 9/21/10 FedEx Office 216.49 8077 9/21110 Internal Revenue Service 304.87 8078 9/21/10 Kelly & Lemmons, PA 630.00 8079 9/21/10 Todd Kirchhammer 167.57 8080 9/21/10 League of Minnesota Cities 457.00 8081 9/21/10 League of Minnesota Cities 20.00 8082 9/21/10 Julie Newkirk 300.00 8083 9/21/10 Press Publications 84.91 8084 9/21/10 Ramsey County 7,284.23 8085 9/21/10 United States Post Office 44.00 8086 9/21/10 Waste Management 790.85 J 8087 9/21/10 City of White Bear Lake 1,460.00 8088 9/21/10 White Bear Township 95.69 8089 9/21/10 White Bear Township 2,518.80 8090 9/21/10 VOID 8091 9/21110 Xcel Energy 580.33 8092 9/21110 Gopher State One Call 40.60 8093 9/21/10 Metropolitan Council 1,696,83 Total 17,828.73 d a c0 O O O) f- O f- O O O M O = U) O IT d• W O LO O O O CD N O O (V O � (P 4 C;1� ti O O V d' 4 E (0 M Lo r C) N O M co (O (O LO N O M W 00 N V a � w U 00 O O M (� O I- O O O 0 0 CM OD O N r 0 0 O 00 Ln O V v co O Lo C)O O 0 0 N M (m Cl) M 0 0 O co = N O CO O f� O I� 6 66 • L6 CO (h ch 6 CV (O LO O N O M M co r Ln r LO 'cr N LO LO r r N Cl) N N O CO D7 N (O M V CO CO r o a co r r N T N Q C. _ U3 r L Y 00 r J N c E G1 r Gi E e+7 o Q1 C) O O \ M O 4- � ❑ p Q �' � 3 � r Crn W Mo 00 r O N c Q C:❑ rn 'co ❑ r0 0 u, M O U N wm (D= o r M S mca LL 7 Ci U. a N o N 'O o o a� Na N ;� 2 (o - o ca Ow U E O co � L o L� 42 to r� N U L O U C OQ a� � aZ Q L � O) N O u- ' U U 3O' }S O M O- Q) O 7 6 ❑ O t0 0 O O L N V) 0 =l � C T f6 U -co C .� C [C6 C o Q C --- co E U m N N p co .0 O L E N 0 T 0) N E N M N C E Y C O LV U Z) O � }Li L a 'C C 7 - ` C o Z U> 0) m EC L r_ r O •V ..`��-' U '� (� (n 0) a o -per Uj N C Q lll �� J d Q (O U O O O O U C ?i jo N 7,+_'� ❑�a�U T 1 (� C 0 T OZ Nco EO 7 f0 N� COUP N j N 7 �OZ dUS _ E [6 M E. 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