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HomeMy WebLinkAbout2010 08-10 PC PACKETl CITY OF GEM LAKE, MN City Hall - 4200 Otter Lake Road Gem Lake, MN 55110-3763 Telephone 651-747-2790 _s — E-mail City ii �emla(:c1i\.►r� To: Planning Commission, City Council, and Mayor Uzpen From: Craig Rafferty, Planning Commission Chair GEM LAKE PLANNING COMMISION AGENDA, August 3, 2010. Place: Heritage Hall 1. Call to Order at 7PM. 2. Review and Approval of June 2010 Meeting Minutes 3. Public Hearing CUP 1577Cty Rd E 4. Public Hearing Wind Towers Ordinance 5. Public Hearing Hunting Ordinance 6. Letter to City from Kunins and Hoeschlers challenging 5 Acre Estate zoning language 7. Other Business 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 Citvna aemlakeMN.org Gem Lake Planning Commission Meeting 1 June 2010 The regular meeting of the Planning Commission of Gem Lake was called to order by Chairman Craig Rafferty on Tuesday, June 1, 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. 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 May Planning Commission meeting minutes. The May Planning Commission minutes were discussed and upon motion by Commissioner Herzog and seconded by Chairman Rafferty, the May minutes were approved. Ayes — 2, Nays — 0. NEW BUSINESS July Planning Commission Meeting: There will be no Planning Commission meeting in July 2010. Letter for Discussion Relating to Car Sales: The letter was from Fritz Magnusson, a resident of Gem Lake regarding the property at Schumann Road and County Road E. The letter stated "This property has a long history of violations and environmental problems. There was a gas tank leakage problem in the 1980s when the property was owned by Shorty Urban. There is also a history of using this property to sell used cars repaired by the current tenant, junk vehicles. Previous City Council and Planning Commission have been very cautious about expanding used car sales in the city due to the nature of the business and the clients they tend to attract..." which Chairman Rafferty read to the Planning Commission. The couple interested in buying the property were not present at this meeting, but had attended the May Planning Commission meeting and they were to fill out the paperwork by the middle of May and no steps have J Gem Lake Planning Commission Minutes Page 2 of 2 been taken to fill out any paperwork for this property. It was discussed among the Planning Commission and they would like to see some business move into that property versus having it empty. Paul Emeott stated that he would also like to see something other than a used car lot at that corner and maybe keep it a gas station. Paul also feels the sheriff should be checking the used car lots more often. Planning Commission Alternate: Chairman Rafferty mentioned that the Planning Commission recommended an alternate for the Planning Commission and sent forward the recommendation to the City Council. At this point, two people constitute a quorum to vote. Comprehensive Plan — Chapters Five and Six: Attorney Trevor Oliver is working towards an ordinance so a public hearing can be planned. The residential zoning ordinances need to be revised right away before further corrections can be made to the Comp Plan. The Planning Commission will need to go forward with Attorney Oliver to rewrite some sections and will wait until they hear from Attorney Oliver. ADJOURN Upon motion by Commissioner Herzog and seconded by Chairman Rafferty, the June 1, 2010 regular meeting of the Planning Commission was adjourned at 7:51 p.m. Ayes — 2, 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, 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 10 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 and elevations, drawn to scale, depicting the location and height of all WECS components on the property; the locations of property boundaries; the location and height of all structures, trees and above -ground utilities located on the property or within 350 feet of property boundaries; and the location of any public rights -of -way or utility easements on the property or within 350 feet of property boundaries. 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 updated documentation of any changed conditions (e.g. insurance coverage, existence and height of trees or new structures, updated agreements with the electric utility). i 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 three (3) 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 Code and similar safety codes, and all permits required for the construction and/or installation of WECS J 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 equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 mph or greater). 6-5. 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. 6-6. 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. 6-7. Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: P 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. 6-8. 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 70/7460-1F, 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 property 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. 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 eighteen months in any three-year period. J 8. Inspection. The city hereby reserves the right upon issuing any WECS interim use permit to inspect the premises 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: August , 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. CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 120 AN ORDINANCE REGULATING THE DISCHARGE OF WEAPONS AND HUNTING ON PROPERTY LOCATED WITHIN THE CITY OF GEM LAKE, MINNESOTA. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Intent and purpose. The City Council intends to protect the public safety of its citizens by regulating the use and discharge of certain weapons on real property in the City of Gem Lake, as permitted by Minnesota Statutes, § 471.633. The City Council recognizes that State law governs all other matters regarding firearms, including purchase, possession, and rights to carry. The Council also intends that existing State law relating to the discharge of bows and arrows in Minnesota Statutes, Chapter 97B, and to the purchase, possession, carrying or use of other potentially dangerous weapons under Minnesota Statutes, § 609.66 and similar laws, be enforced in the City. Section 2. Definitions. As used in this Ordinance: "Dangerous weapon" has the meaning given it in Minnesota Statutes, § 609.02, subdivision 6. Section 3. Discharge of Weapons Prohibited. Except as specifically authorized in Section 4, the discharge or use of dangerous weapons is hereby prohibited. Violation of any term of this Ordinance is a misdemeanor. Section 4. Exceptions. Dangerous weapons may be discharged or used in the City only under the following circumstances: 4.1 Hunting as Part of Wildlife Management Plan. The City Council may issue permits authorizing the use of discharge of a firearm or bow and arrow within the City. Such permits shall only be issued to individuals participating in a hunt organized by either Ramsey County or the Minnesota Department of Natural Resources expressly for the management of wildlife populations. Said permit shall be issued only during the appropriate game season, or as otherwise authorized by the State of Minnesota, Department of Natural Resources. 4.1.1 A hunting permit granted under this paragraph shall only authorize the discharge or use of firearms or bow and arrow on a specified parcel of property of five (5) acres or larger within the City of Gem Lake. A permit shall only be issued when the individual or the entity organizing the hunt produces written consent to hunt on the land from the property owner on a form approved by the City. The City Council may further limit hunting areas within the specified parcel of property to protect the public safety and welfare. 4.1.2 The maximum duration of a hunting permit shall be three weeks. A permit may authorize the discharge and use of weapons a maximum of three days in any single week. Other activities (such as setting up stands) may take place on the days on which weapons discharge is not permitted. 4.1.3 The permit fee shall be set forth by City Council resolution. 4.1.4 All State and Federal hunting rules and regulations shall apply in addition to requirements imposed by the City Council. 4.2 Target Archery. A person may use a bow and arrow on private property, with permission from the owner, for target archery. Arrows used for target archery must have points that are no wider than the shaft of the arrow, and not razor-edged on any surface. Archers must shoot at a target, and targets must be mounted on material of sufficient depth and density to stop an arrow fired from the bow used by the archer. Trees and other live plants are not considered suitable backing material for mounting targets. The shooting area and the targets must be placed so that there are no buildings, rights -of -way, or public lands within a reasonable distance behind the targets; the "clear" area must be at least 1 /3 of the estimated maximum shot distance for the type of bow used by the archer. 4.3 Defense of Self and Property Against Vicious Animals. It is not a violation of this Ordinance to use a firearm or bow and arrow against a vicious animal while acting in self- defense, in defense of another person, or to defend property (including pets and other domestic animals) from harm or damage. This provision is not intended to affect State law regarding the use of force against another person for self-defense, defense of others, or in defense of property. 4.4 Law Enforcement. This Ordinance shall not apply to licensed peace officers or other authorized personnel engaged in law enforcement activities when using firearms or other weapons in the regular course of performing their duties. Section 5. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part hereof, other than the part held to be invalid. Section 6. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: 2010 Robert Uzpen — Mayor William Short - Clerk Summary of Ordinance 120 approved by City Council and published in the White Bear Press on .2010. 1270 & 1300 Goose Lake Road Gem Lake, MN 55110 July 7, 2010 Mayor Robert Uzpen Planning Commission Chair Craig Rafferty City of Gem Lake Heritage Hall Gem Lake, MN 55110 Dear Mayor Uzpen and Chairman Rafferty: We understand that you are considering changing the zoning classification for our properties, and quite possibly only our properties, to a new Estate classification with a 5 acre minimum lot size. We have not heard this from either of you and, if we are in error, please forgive us our concern. But if this is true, we wish to object to such treatment and to the procedure by which it is being done. First, we are disappointed that you would even contemplate such a significant change in the classification of our properties without the courtesy of at least a "heads up" call. Gem Lake is small enough and it has hitherto been characterized by that sort of neighborly courtesy from our elected officials. We would hate to see that spirit of courtesy and cooperation replaced by an anonymous regulatory regime which citizens must closely monitor to make sure their interests are not at peril. We believe that such extremely large -lot zoning is exactly the opposite approach that Gem Lake should be taking with this unique landscape in light of what has been learned in the past 40 years. Such a rigid approach fails to utilize the best land use planning ideas and techniques that are available today. It ignores the unique attributes of both the land and the Gem Lake situation. It would indicate that Gem Lake has learned nothing from the Great Recession and the market's clear rejection of such large lots. We request that you join with us in a more sophisticated and enlightened review of the latest planning theory about how our properties can eventually be developed in a way that reflects and emphasizes the aesthetic strengths of the land while responding to the realities of changes in demographics and the market. What we feel is needed is something closer to the process that you engaged in with Mark Putman to help you consider a new approach to the property around 61 and E. We would like to join with the city in a meaningful discussion of how we together could best achieve the enlightened eventual development of our properties with the sewer service that your comp plan calls for. We feel that the 5 acre lot requirement pushes exactly opposite that goal. We look forward to hearing from either of you on how you would propose to proceed. Sincerely yours, JConnie Kunin Dan Kunin Linda Hoeschler Jack Hoeschler