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Home My WebLink About2004 07-14 CC PACKETCITY OF GEM LAKE Wednesda CITY COUNCIL AGENDA 14 July 2004 CALL TO ORDER CALL TO ORDER: Mayor Emeott at ,/ !!"p.m. /n A r T n1; 'TLjC DnI I %,i1L L' l 1' 111E a MAYOR, 2002 CITY COUNCIL, 2002 CITY COUNCIL, 2002 CITY COUNCIL, 2004 Ll CITY COUNCIL, 2004 Paul Emeott Chuck Watson Rick Bosak Pat Igo Rrollie Birkebak CITY CLERK TREASURER CITY ATTORNEY CITY PROSECUTOR SPECIAL COUNSEL Fritz Magnuson Sarah Cobian Tom Newcome III Doug Meslow Ben Johnson SPECIAL COUNSEL CITY ENGINEER PROJECT ENGINEER TRAFFIC ENGINEER SR. BUILDING OFFICIAL Steve Bubul John Parotti Dave Mitchell Tom Sohrweide Allen Zepper OTHERS IN ATTENDANCE (Attach List) APPROVAL OF MINUTES & AGENDA FOR y A) Public Hearing North Scheuneman Sewer for 2 2004 B City Council Minutes for 21 June 2004 C) City Council Agenda for 14 July 2004 GENERAL ANNOUNCEMENTS STAFF REPORTS APPLICATIONS A) LAUNDERVILLE 1) Public Hearing set for 03 August 2004 for Interim Use Permit 2) Parotti to issue written determination of needs for ditch filling at Hansen/Leuthard property line -- B) NELSON MARINE % 1) Staff recommendation to deny Interim Use Permit application based upon failure to provide coI / inf ` atr n as , ty Clerk. PUBLIC AFETY B C) Flashing lichts at Golf Course cross OLD BUSINESS SCHEUNEMAN ROAD A) Turn Back 1) County Board unanimously adopted a resolution on 13 Ju /220�(�,4 p turn back to Gem L ke on O 1 August 2004 under terms and conditions previously discussed. `=�`17—//O ) Recnl��r1r,., *►a 2004 10. Reauest Motion for action. E. Request Motion for action. C) Review Hillary Farm plans for Landscape and Entrances. 1) Review Planning Commission recommendation 2) Request Motion for action if r rtir d mendments NEW BUSINESS ORDINANCES A) Proposed Amendments - Ordinance NO. 64 1) Review Planning Commission recommendation 2) Request Motion for action B) Proposed Amendments - Ordinance NO. 67 1) Review Planning Commission recommendation 2) Request Motion for action TREASURER'S REPORT CURRENT MONTHS TREASURER'S REPORT I CURRENT MONTHS ACCOUNTS PAYABLES �--- �f OTHER FINANCIAL BUSINESS A) 2005 Budget in August for preliminary approval. Page 1 of 2 UNSCHEDULED PRESENTATIONS ONLY IF ALL OTHER WORK COMPLETED BY 8:50 PM FUTURE MEETINGS & ADJOURNMENT FUTURE MEETINGS A) CITY COUNCIL 1) The next regular meeting of the City Council is scheduled to be held at 7:00 p.m. on 16 August 2004. 2) The next meeting is rescheduled to / / due to and is orde d published in the appropriate edition of the White Bear Press Legal Notices Section. 3) A Special Meeting is needed for the purpose of and is her by ordered to be scheduled for / / and the Clerk shall publish proper Public Notice as required. ADJOURNMENT: Motion By Second By . Unanimous Vote & Emeott Approval at / .M. Page 2 of 2 CITY OF GEM LAKE PUBLIC HEARING AGENDA Wednesdav Amendments To Gem Lake Ordinance No. 64 -� CALL TO ORDER RECONVENE & CALL T(�.ORDER: Mr. Hoeschler at /p.m. CALL OF THF. ROLL � / 14 July 2004 CHAIRMAN COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Jack Hoeschler Ji indner Kathy Robins Derek Wippich Al Becicka CITY CLERK TREASURER CITY ATTORNEY CITY PROSECUTOR SR. BUILDING OFFICIAL Fritz Magnuson Sarah Cobian Tom Newcome III Doug Meslow Allen Zepper CITY ENGINEER CITY ENGINEER SPECIAL COUNSEL SPECIAL COUNSEL ZONING ADMINISTRATOR John Parotti Dave Mitchell Ben Johnson Steve Bubul Paul Emeott OTHERS IN ATTENDANCE (Attach List) OPENING REMARKS Mr. Hoeschler A) Request motion to convene the Public Hearing. B) This meeting is convened solely for the purpose of providing time for public comment on proposed amendments to Ordinance No. 64 otherwise known as the Municipal Sanitary Sewer System Ordinance. Said amendments have been recommended by the City Attorney and Special Counsel, the City Engineer and Staff who will file their reports. This is the only item to be discussed at this meeting. Mr. Magnuson A) Verification of notice provided by Mr. Magnuson Mr. Hoeschler A) Request motion to approve Public Hearing Agenda For 14 July 2004 / STAFF REPORTS Mr. Magnuson A) Statement of Need 1) When originally drafted, Ordinance No. 64 utilized standard public policy for developed/developing suburban communities which, at the time, based assessments on front footage or acreage as the sole determinants of how assessments for public improvements would be made. Since it's adoption, other public improvements in the City of Gem I Lake have been made on a "benefitted property" basis or, more simply put the cost is divided by the number of property owners who will benefit regardless of their acreage, footage or valuation. City staff believes this to be a more realistic \!� { approach in developing Municipal Sanitary Sewer expansion as no single party receives more value than his/her neighbor {� and no property owner benefits unfairly due to the low frontage associated with several "chimney lots" in the City. As a the current Ordinance No. 64 fails to address this issue and as no public improvement policy has been established by �l ordinance, it is appropriate and necessary to make modifications to this ordinance at this time to provide for same. 2) The need is immediate as Hillary Farm development approved as Plan B-2 with sewer is proceeding at a rapid pace and the 29 lots in Hillary Farm will become benefitted properties without frontage on Scheuneman Road. B) Findings Of Fact 1) Findings of Fact: Both the City Attorney and Special Counsel have stated that the City must either amend Ordinance No. 69 or enact a new Public Improvement Policy Ordinance that covers all public improvements. As the construction ofthe municipal sanitary sewer system is the primary public improvement planned in 2004, amendments to the existing ordinance are singly the most practical way to achieve the goal. C) Commission questions of Staff PUBLIC COMMENT Mr. Hoeschler As this is a public hearing, anyone present will be given an opportunity to make a brief comment or ask a question of the developer, staff or Council. Time will be limited to 3 minutes per person making certain all may be heard. Comments and questions bevond the time allotted shall be at the pleasure of the Chairman. COMMISSION COMMENTS Mr. Hoeschler .5 e 55 Jt� Mr. Lindner --- > 1i I Mrs. Robins Mr. Wippich, - Mr. Becicka Page 1 of 2 PRONOUNCEMENTS & ADJOURNMENT Mr. Hoeschler A) All comments received will be incorporated in the Planning Commissions consideration of it's recommendation of action to the City Council. B) Thank all fur coming. C) Request motion to aiijourn the Public Hearing. 1) Motion By . Second By . Vote & Hoeschler Approval at 37L p.m. Page 2 of 2 CITY OF GEM LAKE PUBLIC HEARING AGENDA Wednesday Amendments To Gem Lake Ordinance No. 67 14 July 2004 CAU, TO ORDER RECONVENE & CALL TO ORDER: Mr. Hoeschler at CAt,t, ur I ri>✓ KVLL CHAIRMAN COMMISSIONER COMMISSIONER / COMMISSIONER 1SSIONER Jack Hoeschler Jim Lindner Kathy Robins ✓ Derek Wippich A] Becicka CITY CLERK TREASURER CITY ATTORNEY CITY PROSECUTOR SR. BUILDING OFFICIAL R itz Magnuson Sarah Cobian Tom Newcome III Doug Meslow Allen Zepper CITY ENGINEER CITY ENGINEER SPECIAL COUNSEL SPECIAL COUNSEL ZONING ADMINISTRA OR Jahn Parotti Dave Mitchell Ben Johnson Steve Bubul Paul Emeou OTHERS IN ATTENDANCE (Attach List) OPENING REMARKS Mr. Hoeschler A) Request motion to convene the Public Hearing. B) This meeting is convened solely for the purpose of providing time for public comment on proposed amendments to Ordinance No. 67 otherwise known as the Individual Sewage Treatment System Ordinance. Said amendments have been recommended by City Staff who will file their reports. This is the only item to be discussed at this meeting. Mr. Magnuson A) Verification of notice provided by Mr. Magnuson Mr. Hoeschler A) Request motion to approve Public Hearing Agenda For 14 July 2004 STAFF REPORTS Mr. Magnuson A) Statement of Need 1) Since it's original enactment and following substantial review of ISTS requirements as related to the original submissions for development of the Hillary Farm, both City Staff and members of the Planning Commission have become aware of 1 several minor shortcomings of Ordinance No. 67 as well as the need for update terminology and definitions. The proposed changes are offered in the interest of public health and safety. B) Findings Of Fact 1) Findings of Fact: The City Engineer has provided best practices information regarding the separation of ISTS and drinking water sources including individual wells and the ordinance needs to address the issue with reasonable controls. The definitions are lacking relative to changes in rules Minnesota Rules Chapter 7080 and require amendment to more accurately reflect responsibilities. Protection of proposed and redundant sites identified as part of the City's approval process need to be secured in insure accurate location of new and future ISTS installations. Involvement of professional engineers in the review of ISTS designs and sites is necessary to protect public health and safety. C) Commission questions of Staff PUBLIC COMMENT ' Mr. Hoeschler As this is a public hearing, anyone present will be given an opportunity to make a brief comment or ask a question of the developer, staff or Council. Time will be limited to 3 minutes per person making certain all may be heard. Comments and questions beyond the time allotted shall be at the pleasure of the Chairman. COMMISSION COMMENTS Mr. Hoeschler Mr. Lindner Mrs. Robins Mr. Wippich Mr. Becicka PRONOUNCEMENTS & ADJOURNMENT Mr. Hoeschler A) All comments received will be incorporated in the Planning Commissions consideration of it's recommendation of action to the City Council. B) Thank all for coming. C) Request motion to adjourn the Public Hearing. 1) Motion By . Second By . Vote & Hoeschler Approval at Page 1 of 1 CITY OF GEM LAKE PLANNING COMMISSION AGENDA Wednesda CAL TO ORDER RECONVENE & CALL TO ORDER: Mr. Hoeschler ati.m. n A i i nr 1PLIC DnT T 14 July 2004 L.l1LL Vl 111E 1 CHAIRMAN COMMIS LONER COMMISSIONER q ISSIONER MMISSIONER Jack Hoeschler 1i idncr Kathy Robins Derek Wippich AI Becicka CITY CLERK TREASURER CITY ATTORNEY CITY PROSECUTOR SR. BUILDING OFFICIAL R itz Magnuson Sarah Cobian Tom Newcome III Doug Meslow Allen Zepper CITY ENGINEER CITY ENGINEER SPECIAL COUNSEL SPECIAL COUNSEL ZONING ADMINISTRA John Parotti 1Dave Mitchell Ben Johnson Steve Bubul Paul Emcolt OTHERS IN ATT T 0ANCE (Attach List OPENING REMARKS Mr. Hoeschler A) Call to order B) Request verification of change of meeting notice provided by Mr. Magnuson C) This meeting is convened solely for the purpose of considering the following matters and making recommendations for action to the City Council: 1) Consideration of (proposed) changes to Ordinance No. 64; and 2) Consideration of the Final Design of Scheuneman Road; and 3) Updates from Mr. McNulty on entrance designs and other matters related to Hillary Farm development. D) Request motion to approve Planning Commission Agenda For 14 July 2004 AGENDA BUSINESS Mr. Hoeschler A) Ordinance No. 64 Amendments 1) Review Statement of Need and Findings of Fact �( f, no r r Mr 2) Review (Proposed) Amendments 3) Review Public Comments 4) Request Motion for action B) Consideration of Scheuneman Road Final Design 1) Update Commission on meetings and discussions to date including: a) Review of traffic study by Deputy Entner b) Goals beyond installation of sanitary sewer % c � 2) Special Project Engineer Dave Mitchell's report (�� 3) Traffic Engineer Tom Sohrweide's report 4) Discussion of proposed designs 5) Request comments from those present 6) Request Motion for action. McNulty A) U datt� Hillary Farm p Mitchell A) Review of proposed time table for the Scheuneman Road Project Magnuson A) Review of City needs based upon VLAWMO General Permit for pumping surface water. B) Recommendation to review Ordinance No. 66 for updates and possible provision for reforestation planting zones. COMMISSION COMMENTS I Mr. Hoeschler❑ Mr. Lindner❑ Mrs. Robins❑ Mr. WippichO Mr. Becicka❑ PRONOUNCEMENTS & ADJOURNMENT Mr. Hoeschler A) All comments received will be incorporated in the Planning Commissions consideration of it' the City Council. 1 B) Thank all for coming. i C) Request motion to adjourn the Public Hearing. 1) Motion By . Second By . Vote & Ap ovtlat4. of action to Page 1 of 1 CITY OF GEM LAKE MINUTES OF CITY COUNCIL MEETING DULY, 2004 The July, 2004 meeting of the City Council of the City of Gem Lake was called to order by Mayor Emeott on Wednesday, 14 July 2004, at 9:02 PM in the first floor meeting room of Tousley Ford. Mayor Emeott, Councilors Bosak, Igo, and Watson, Clerk Magnuson, City Engineer Parotti, Special Traffic Engineer Sohrweide, Planning Commission Chairman Hoeschler, members of the McNulty/Hillary Farm development team and several residents of Gem Lake. Following Mayor Emeott's request for additions, deletions, or corrections, the following actions were taken: 1) unanimous approval of the Minutes for the 21 June 2004 Public Hearing on the addition of the sanitary sewer system north of Kahl Circle as presented on Motion by Igo, Second by Watson; 2) unanimous approval of City Council Meeting Minutes for 21 June 2004 as presented on Motion by Igo, Second by Bosak; and, 4) unanimous approval of the City Council Meeting Agenda as amended for 14 July 2004 on Motion by Igo, Second by Watson. Magnuson then presented General Announcements. Magnuson then noted a Public Hearing will be held on 03 August 2004 on an Application For Interim Use Permit by Launderville to operate a towing storage lot on Lots 17, 18 & 19 of Summit Farm Homesites owned by Bryan Hansen. Relative to developing the property, Magnuson has asked Parotti for a written statement of requirements regarding the ditch between Leuthard and Hansen. Magnuson reported Nelson Marine has failed to provide additional information required for their Application For An Interim Use Permit to allow open storage of boats on the Summit Mini Storage property. Motion by Igo, Second by Bosak to deny the Application on the grounds that the applicant has failed to provide required information for the application was unanimously approved. Public Safety agenda items were tabled to August. Motion by Watson, Second by Bosak to adopt Resolution No. 2004-10 accepting the turn back of Scheuneman Road with conditions was unanimously approved. The results of the Planning Commission meeting regarding the design characteristics for rebuilding Scheuneman Road post installation of the sanitary sewer system were reviewed, discussed and the Clerk was authorized to poll the Council within one week to finalize criteria and report same to the City Engineer. Brief discussion of McNulty's entrance design followed with no action taken. Motion by Bosak, Second by Watson to approve Resolution No. 2004-13 adopting proposed amendments to Ordinance No. 64D as recommended by the Planning Commission was unanimously approved and Ordinance No. 64E was ordered enacted upon publication by a vote of 4 Aye, 0 Nay, 0 Abstain and 1 Absent. Motion by Bosak, Second by Watson to approve Resolution No. 2004-14 adopting proposed amendments to Ordinance No. 67 as recommended by the Planning Commission was unanimously approved and Ordinance No. 67B was ordered enacted upon publication by a vote of 4 Aye, 0 Nay, 0 Abstain and 1 Absent. Magnuson then noted Accounts Payable had been overlooked for signatures and asked the Council to approve same upon presentation at each Councilors home within one week. Motion by Igo, Second by Bosak to allow approval of accounts payable upon review within one week by Councilors and to accept the July Treasurer's Report as prepared by Cobian and indicating a balance in the General Fund of $82,521.44 and in the Sewer Fund of $17,885.94 was unanimously approved. The next meeting of the Gem Lake City Council is scheduled for 16 August 2004. The Gem Lake Planning Cormnission will hold a Public Hearing on the Launderville matter at 7:00 PM followed by their regular meeting on 03 August 2004. j There being no further business at 9:18 PM, Motion by Bosak and Second by Birkebak to adjourn was unanimously approved. Mayor Emeott declared the proceedings adjourned. AUTHORED: 21 July 2004 APPROVED: 03 August 2004 ATTEST: Frederic . Ma: City Clerk ATTEST:: 9"4/� Paul R. Emeott Mayor efile: minutes/2004/169ju1m2004.wpd i ct 4� O i U .�ftyy,;;�nn �;t .�•V y r � • 1 �, � 1 �� ' r4 may,,' +y a /.: ' • \` rw ��'.'r '� ��j•�, ',f� `•• � ,'.r� � , Win` ;'v: •d 7�Cf�•,*('r�j?4 a •t�;i' � r.. \ arm- �•� �e{.•M �` �,r ..,r� ` ',�� i!^i+r° ` :.r..,. . �;. .. r D - 71 0 Ufa fir'•-7.-:itt�'X, ... �.J'N'1t. - _ '��' .10 1 .4.49ke 1�. is: •err .4. - r..-To nul :.1' yam• j 1 �/r• j,� ' _ �` 1'!• -� :r. �.+f o ��;wv,�r/ski.--••rc= —1_ *— it .. :•' ,'+ IA•'� `�.C` -+ l�tl� +•'\ i` u � .ram ., .., .v. ! ��! ►', i�[wcsrri��w �� L QJ U Ln 0 z 0 v ILW--� O U O N O 40 V) 4-j 4-j Q an CU � i ca .� N a N U CU CL > Q .i..l = �1 N U �_ O Q 4Q U N O CU t a�Ln o "It3 Ln Q U Z N 0 7 ' Orr to ry! Alp - go r ' i OWN 110 • • Ln Z O I— tn W w L- 42 Qo EE 4� O LEI v Ln 4-1 -1-j o E U 4. i > O 4� 3 Q +- 0 0 z V o a o _C3 :>unV)-� N V Q w V V a t, o n, +1 �.0 V � a C o a 0 u a u 0 Ln ,x O_ 4--) u � O a1 � 4-1 rz E 4� a a 0 O V fa a--1 CL O N O V O V ca Ln CV � • r O � E O O � t � • • CITY OF GEM LAKE RESOLUTION NO.2004-10 14 July 2004 1� A RESOLUTION AMENDING RESOLUTIONS NO. 1993-07 AND NO. 2004-06 REGARDING GEM LAKE'S PARTICIPATION IN RAMSEY COUNTY FUNCTIONAL CONSOLIDATION OF ROADWAYS BY ACCEPTING CERTAIN PORTIONS OF THE PROPOSED ROADWAYS AND AMENDING THE CONDITIONS OF SUCH ACCEPTANCE. WHEREAS, The 1991 Minnesota Legislature established a Ramsey County Local Government Services Study Commission to "report on the advantages and disadvantages of sharing, cooperating, restructuring, or consolidating..." activities in areas of public service including public works; and WHEREAS, the Gem Lake City Council did by means of Resolution No. 1993-07 agree to accept ownership of certain Ramsey County roadways in the City of Gem Lake subject to certain conditions: and WHEREAS, The Functional Consolidation Plan provides for reclassification of roadways and corresponding changes in jurisdiction including the transfer of local and State Aid roadways between the County and municipalities; and WHEREAS, Scheuneman Road (County Road 147) from Otter Lake Road to Trunk Highway 61, located in the City of Gem Lake, is presently under the jurisdiction of Ramsey County as a County Road; and WHEREAS, This roadway has been determined to serve a local function only; and WHEREAS, Revocation of "County Road" status may be accomplished by resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes § 163.11; and WHEREAS, It appears to the City Council of the City of Gem Lake that the street hereinafter described upon turnback from Ramsey County should be designated a City Street under the provisions of Minnesota Law; and WHEREAS, The Functional Consolidation Plan stipulates that Ramsey County shall improve the roadway to acceptable levels prior to transferring jurisdiction over roadway segments from Ramsey County to municipalities, and the Ramsey County Capital Improvement Program provides funding for these improvements; and WHEREAS, Minnesota Statutes §383A.16 requires that Ramsey County shall, before transferring jurisdiction over roadway segments, improve each highway to a condition consistent with a Ramsey County pavement management score of ninety; and WHEREAS, The City of Gem Lake desires to reconstruct Scheuneman Road from Otter Lake Road to Trunk Highway 61 and fund the reconstruction project with Municipal sources, and up to $170,000 from Capital Improvement Funds for Ramsey County Roadway Consolidation; and WHEREAS, The City of Gem Lake has agreed that by accepting this jurisdictional transfer and receipt of up to $170,000 for the reconstruction of this segment of Scheuneman Road from Capital Improvement Funds for Ramsey County Roadway Consolidation that Ramsey County has fully discharged its obligations to the City arising under Minnesota Statutes §§163.11 and 383A.16 and the Functional Consolidation Plan, and that it has no expectation of funding of the ongoing maintenance of this segment by Ramsey County; Now, Therefore, Be It RESOLVED, The City of Gem Lake does hereby concur with the Ramsey County Board of Commissioners revoking the "County Road" status of Scheuneman Road (County Road 147) from Otter Lake Road to Trunk Highway 61, and accepts transfer of jurisdiction over this roadway to the City of Gem Lake, effective after the Ramsey County Office of Budgeting and Accounting has encumbered the funds necessary to fund this reconstruction project up to $170,000; and Be It Further RESOLVED, The County shall transfer it's interest in the public road right-of-way and road easements to the City of Gem Lake for the delineated roadway it currently holds; and Be It Further JRESOLVED, This transfer is conditioned upon receipt by Ramsey County of this resolution adopted by the City of Gem Lake concurring with the County revoking the "County Road" status of Scheuneman Road from Otter Lake Road to Trunk Highway 61, and further providing that receipt of up to $170,000 for the reconstruction of this segment from Capital Improvement Funds for Ramsey County Roadway Consolidation that Ramsey County has fully discharged Ramsey County's obligations to the City arising under Minnesota Statutes §§163.11 and 383A.16 and the Functional Consolidation Plan relative to this segment of roadway, and that the City of Gem Lake has no expectation of funding of the ongoing maintenance of this segment of roadway by Ramsey County; and Be It Further RESOLVED, That as just compensation for this jurisdictional transfer, the City shall receive payment from the County up to $170,000 upon presentation of billings from the construction contractor(s) for the reconstruction of Scheuneman Road, and that upon receipt of the billings, the City shall receive reimbursements from the County in accordance with Minnesota State Statute 471.425; and Be It Further RESOLVED, That upon receipt of this resolution Ramsey County will pay to the City as just compensation for this jurisdiction transfer, up to $170,000 for the reconstruction of this segment; and Be It Further RESOLVED, The Gem Lake City Clerk is authorized within the limits of this resolution to take actions necessary to have the identified jurisdiction change executed; and Be It Further RESOLVED, The City Of Gem Lake recognizes that additional consideration of other Ramsey County roads originally included as part of Gem Lake's Resolution No. 1993-07 remain subject to terms and conditions as previously established and as may be modified by the City Council in the future. The foregoing Resolution was offered by Councilor Watson and was supported by Councilor Bosak and was declared adopted based upon the following vote: NAME EMEOTT WATSON 13IRKEBAK IGO BOSAK VOTE Aye Aye Absent Aye Aye ATTEST I, Frederic C. Magnuson, 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. Frederic C. Magnuson, City Clerk I1J &rtif ieb fmtr,0�1; Date e-file: resolution\2004\no2004-10 CITY OF GEM LAKE RESOLUTION 2 042004-13 14 July OTA RESOLUTION OF THE CITY OF 64 AND GEM LAORDERING STHE AMENDING ORDINANCE ENACTMENT OF SAID AMENDMENT'S• public improvements: proceedings for the following P on May 24, 2004 (the previously instituted p Council") of the City W HEREAS,the City e Gem Lake (the "City") P the City Council (the "City Improvements") for homes sewer improvements (the "Original 2004 Imp McNulty (a) Pursuant to Resolution No. 2004-o0deredsan arY residential development to be constructed by "Resolution 2004-05"), the City a a single family abutting Scheuneman Road leadingup "Resolution 2004-11 ")> the City Construction (the "Development") and in the Development; and adopt, by the City Council on the date hereof b Pursuant to Resolution No. 2004-11 afo homes abutting Scheuneman Road comscheu'ng at the neman and intersection Lake Roads Oimprovements. ordered sanitary sewer approximately 1,000 feet to the intersection of Circle and thence northerly , and (the "Additional 2004 Improvements"); rovements on May 24, 2004 prior to adopting W H EREA5,the City Council held an improvement hearing for theOriginal 2004 improvements; and Original 2004 mp Resolution 2004-05 that ordered the improvements described as for tthe he Additional 2004 Improvements on the date hereof priorto WHEREAS, the City Council held an improvement hearing Improvements; and Resolution 2004-1 I that ordered the improvements described as the Additional 2004 adopting improvements and the Additional onents of the original 2004 Imp iced completed if consolidated and joined as one project, as authorized under Minnesota WHERE AS,the Cityaobecmhas eeconomjriedyhat the various comp 2004 improvements Y Statutes, Section 435.56, as amended; and the City has been adopted by and the addition and amenmeo�ersrtain andte�s � WHEREAS, no written Public Improvement Policyconsidered in Ordinance No 64 would provide a more equitable allocation of costs of the project to the benefitted propertyhave been duly a ro erly noticed Public Hearing has been held on the matter and the results of said hearing WHEREAS P P Therefore Be It along with a Statement of Need and Findings of Fact. Now, es and orders incorporation of proposed amendments and Council of the City of Gem Lake acknowledg Commission recommendations and orders immediate RESOLVED,that the City Staff and Planning additions to Ordinance No. 64D in accordance with City es and enactment of the ordinance to be titled as Ordinance No. 64E; and Be It Further of said changes i publish in the City's official publication a sumo d dissemination of public I Clerk is hereby ordered top 's Policy RESOLVER that the City indicating availability of the complete text of Ordinance No. 64E in accordance with the City P I find► g information. Supported by Councilor Watson and was declared adopted The foregoing Resolution was offered by Councilor Bosak and was IGO BOSAK based u on the followin vote: WATSON BIRKEBAK NAME EMEOTT Aye Aye Aye Absent VOTE Aye ATTEST qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do Magnuson the duly q the CityCouncil of the City I, Frederic C. Mag ' that the foregoing Resolution is a true and accurate representation of action taken by hereby certify of Gem Lake on the date first written. '�LO ,2004 61/ Date Frederic C. Magnuson, City Clerk '1 a -file: resolution\2004\no2004-13 (ffertifiieb (�obu 6X CITY OF GEM LAKE PLANNING COMMISSION PUBLIC HEARING MINUTES July, 2004 A Public Hearing for the purpose of receiving public comment on proposed amendments to Gem Lake Ordinance No. 67 was convened by Chairman Hoeschler before the Gem Lake Planning Commission on Wednesday, 14 July 2004 at 7:30 PM in the first floor meeting room of Tousley Ford located at 1493 East County Road E in Gem Lake, Ramsey County, Minnesota. Chairman Hoeschler, Commissioners Lindner, Wippich and Robins were present along with Mayor Emeott, Councilors Igo, Watson, and Bosak, C ity C lerk Magnuson, City Engineer Parotti, Special Traffic Engineer Sohrweide, members of the McNulty/Hillary Farm development team and several members of the community. Magnuson reported that all proper notices had been provided including publication of a public notice in the Legal Notices Section of the White Bear Press. Motion by Wippich, Second by Lindner to convene the hearing and approve the agenda as presented was unanimously approved. Mr. Magnuson then provided information regarding the prepared Statement of Need and Findings of Fact as follows. Since it's original enactment and following substantial review of ISTS requirements as related to the original submissions for development of the Hillary Farm, both City Staff and members of the Planning Commission have become aware of several minor shortcomings of Ordinance No. 67 as well as the need for update terminology and definitions. The proposed changes are offered in the interest of public health and safety. Relative to Findings of Fact, the City Engineer has provided best practices information regarding the separation of ISTS and drinking water sources including individual wells and the ordinance needs to address the issue with reasonable controls. The definitions are lacking relative to changes in rules Minnesota Rules Chapter 7080 and require amendment to more accurately reflect responsibilities. Protection of proposed and redundant sites identified as part of the City's approval process need to be secured to insure accurate location of new and future ISTS installations. Involvement of professional engineers in the review of ISTS designs and sites is necessary to protect public health and safety. The need isfor these amendments is immediate as the Hillary Farm development has been approved as Plan B-2 which includes installation of municipal sanitary sewer that will also serve 29 homes in the district with ISTS. Both the City Attorney and Special Counsel concur that amending Ordinance No. 67 is required to insure accurate definitions and representations of the City's policies and intent. Also, as amendments to Ordinance No. 64 are considered, it is important that the scope and intent of the two ordinances coincide and compliment each other. Mr. Magnuson then summarized the proposed amendments stating that the primary amendments included definition expansion, clarification of design requirements, stipulation of redundant site protection, and establishment of ISTS set backs. Magnuson then reported that no requests for proposed amendments had been received and no written comments had been received. Chairman Hoeschler then opened the floor to public comment and several questions were asked and answered. Ms. Artig-Swomley then asked if the ordinance restricted dumping toxic substances in ISTS, stating she felt this type of regulation should be included in both the ISTS and Sewer Ordinances.. Chairman Hoeschler then opened the floor to comments from the Commissioners present. Chairman Hoeschler indicated that the Clerk should insure that Shoreland and Wetland definitions and regulatory criteria match those in the Zoning Ordinance and that this ordinance refer to the Zoning Ordinance. Mr. Lindner suggested Section 5.5 be amended to refer to MN State rules and require that whichever regulatory influence is greater shall be the guideline. Mr. Lindner also suggested adding Section 5.5.1 Shoreland Set Backs and refer to Zoning Ordinance requirements. Mr. Magnuson agreed to incorporate all comments into the final draft to be sent to the Planning Commission. 1 There being no further comments, Chairman Hoeschler thanked those present for coming and participating. Motion by Wippich and Second by Lindner to close the Public Hearing was unanimously approved at 7:42 PM. AUTHORED: 21 July 2004 1p PL4NNING COMMISSION 1� �7- Jol . Hoeschler, Chairman ATTEST C Frederic C. M�--So City Clerk efi le: OrdOBAmmendmentsMinutes.wpd J CITY OF GEM LAKE PLANNING COMMISSION PUBLIC HEARING MINUTES July, 2004 A Public Hearing for the purpose of receiving public comment on proposed amendments to Gem Lake Ordinance No. 64D was convened by Chairman Hoeschler before the Gem Lake Planning Commission on Wednesday, 14 July 2004 at 7:05 PM in the first floor meeting room of Tousley Ford located at 1493 East County Road E in Gem Lake, Ramsey County, Minnesota. Chairman Hoeschler, Commissioners Lindner, Wippich and Robins were present along with Mayor Emeott, Councilors Igo, Watson, and Bosak, City Clerk Magnuson, City Engineer Parotti, Special Traffic Engineer Sohrweide, members ofthe McNulty/Hillary Farm development team and several members of the community. Magnuson reported that all proper notices had been provided including publication of a public notice in the Legal Notices Section of the White Bear Press. Motion by Wippich, Second by Robins to convene the hearing and approve the agenda as presented was unanimously approved. Mr. Magnuson then provided information regarding the prepared Statement of Need and Findings of Fact as follows. When originally drafted, Ordinance No. 64 utilized standard public policy for developed and developing suburban communities which, at the time of adoption, based assessments on front footage or acreage as the sole determinants of how assessments for public improvements would be made. Since it's adoption, other public improvements in the City of Gem Lake have been made on a "benefitted property" basis or, more simply put, the cost is divided by the number of property owners who will benefit regardless of their acreage, footage or valuation to create equal sharing of the total cost. City staff believes this to be a more realistic approach in developing Municipal Sanitary Sewer expansion as no single party receives more value than his or her neighbor and no property owner benefits unfairly due to the low frontage associated with several "chimney lots" in the City. As the current Ordinance No. 64D fails to address this issue and as no public improvement policy has been established by ordinance, it is appropriate and necessary to make modifications to this ordinance at this time to provide for same. The need is immediate as the Hillary Farm development has been approved as Plan B-2 which includes installation of municipal sanitary sewer. The project is proceeding at a rapid pace and the 29 lots in Hillary Farm will become benefitted properties without frontage on Scheuneman Road. Both the City Attorney and Special Counsel have stated that the City must either amend Ordinance No. 64D or enact a new Public I mprovement Policy Ordinance that covers all public improvements. As the construction of the municipal sanitary sewer system is the primary public improvement planned in 2004, amendments to the existing ordinance are singly the most practical way to achieve the goal as opposed to development of a public improvement policy ordinance which could take several months. Mr. Magnuson then summarized the proposed amendments stating that the primary amendment would be to allow assessment on a "benefitted property basis" as well as on a front footage or acreage basis. This will allow for more reasonable and fair distribution of costs associated with a public improvement involving sanitary sewer extension. Magnuson then reported that no requests for proposed amendments had been received and no written comments had been received. Chairman Hoeschler then opened the floor to public comment and while several questions were asked and answered, no specific recommendations from those present were received. Chairman Hoeschler then opened the floor to comments from the Commissioners present. Mr. Lindner and Mr. Wippich questioned Section 4.12 suggesting clarification of the time table commencement is necessary. It was further suggested that Section 5.4.2 and Section 8.3.2 be amended to indicate City Council determination of the method of assessment and changing the masculine to the neuter. 1 There being no further comments, Chairman Hoeschler thanked those present for coming and participating. Motion by Wippich and Second by Lindner to close the Public Hearing was unanimously approved at 7:30 PM. AUTHORED: 21 July 2004 GEM LAKE PLANNING COMMISSION ATTEST 7 Jol n . Hoeschler, Chairman Frederic . Magi s , City Clerk efi le: Ord64EAmendmentsMinutes.wpd 2 Telephone: ( 651 ) 426 - 6443 / Clad Mr. Rick Peterson NELSON MARINE 3800 North Highway 61 Gem Lake, MN 55110 CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East Gem Lake, MN 55110-5231 Email: gemlakecity@aol.com 9)ou/&,0// %ffo, REF: Interim Use Permit Application Dear Mr. Peterson, 0 M'nelrl Facsimile: ( 651 ) 426 - 6444 &-a14 aAlalz �rearure� 26 July 2004 On the 25 March 2004 we notified you that your application for an Interim Use Permit in accordance with the requirements of Ordinance No. 43 was incomplete as it lacked the proper list of property owners within three hundred fifty (350') feet for notification of a public hearing. Further, be advised that information submitted by Mr. Hansen for this purpose also was not in the form prescribed by Ordinance No. 43. In an effort to avoid further problems or complications with the process and considering, as previously noted, that you are no longer using the property in question for Open Storage (per your application), and since we have not heard from you regarding supplemental data required for your application to be considered complete, we recommended the City Council deny your application. On 14 July 2004 at it's regular City Council meeting, the Gem Lake City Council voted unanimously to deny your application for an Interim Use Permit to utilize property at the Summit Mini Storage for Open Storage of boats and trailers. As you are no longer using the property in question for the use described, we presume this will not cause you any hardship. Should you wish to reconsider using this property as stated, please feel free to contact me and I will be more than happy to assist you in proceeding within the requirements of Gem Lake ordinances. As always, we look forward to working with you as we are able to assist you in your success. Should you have any questions, please don't hesitate to contact me at the telephone numbers above. Yours Truly, CHITTY OF GEM LAKE F. C. "Fritz" Magnuson City Clerk encl. cc: Mayor & Council Planning Commission City Attorney efile: uselnterim\2004\2004-01Nelson\rpeterson040726A.wpd Page 1 of 1 MUNICIPAL SANITARY SEWER ORDINANCE CITY OF GEM LAKE Ordinance No. 64E With Amendments through July, 2004 Enacted 14 July 2004 Replaces Municipal Sanitary Sewer Ordinances No. 18 dated which should be considered the original date of this ordinance. $ 10.65 Page 1 of 12 CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO.64 AN ORDINANCE REGULATING THE OPERATION OF THE MUNICIPAL SANITARY SEWER SYSTEM: (REQUIRING CONNECTIONS TO BE MADE TO THE MUNICIPAL SANITARY SEWER SYSTEM: iESTABLISHING REGULATIONS AS TO TYPE AND KINDS OF WASTE THAT MAY BE DISPOSED OF IN THE MUNICIPAL SANITARY SEWER SYSTEM: PROHIBITING THE DISCHARGE OF ANY TYPE OR (KIND OF SURFACE WATERS INTO THE MUNICIPAL SANITARY SEWER SYSTEM: PRESCRIBING (RATES AND CHARGES FOR SEWAGE DISPOSAL SERVICES: PROVIDING FOR THE ISSUANCE OF PERMITS FOR AND SUPERVISION OF ALL CONNECTIONS TO THE MUNICIPAL SANITARY SEWER SYSTEM: PRESCRIBING CERTAIN MATERIALS AND METHODS TO BE USED FOR SAID ;CONNECTIONS: PROVIDING FOR LICENSING OF SEWER CONTRACTORS: AND PRESCRIBING (PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. The City Council of the City of Gem Lake does ordain: Section 1 Repeal Of Other City Ordinances Section 1.1 This Ordinance shall replace Ordinances # 18, 25 and 32A of the City of Gem Lake. Section 2 Separability Section 2.1 It is hereby declared to be the intention of the City Council that the several provisions of this Ordinance are separable and that if any court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. Section 3 Rules And Definitions Section 3.1 Rules of Construction Section 3.1.1 The word "shall" is mandatory, and the word "may" is permissive. Section 3.1.2 The masculine gender includes the feminine and neuter genders. Section 3.1.3 Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in the definition thereof. Section 3.1.4 The present tense includes the past and future tenses and the future the present. Section 3.2 Definitions Of Terms: The following words and terms, whenever they occur in this Ordinance, are defined as follows: Assessment. A charge made to affected property owners for improvements that increases or maintains their property's value or enhances the health and safety of their neighborhood. Connection. The physical connection between the sewer piping in a residence or building and the Municipal sanitary sewer system. Connection Permit. A permit, issued by the City of Gem Lake, which allows connection to the Municipal sanitary sewer system. Extension. An addition to the Municipal Sanitary Sewer System determined to be added by petition, decree or for health and safety reasons. Industrial Strength Charge. An additional charge levied to the CityofGem Lake by the MCES to treat certain industrial wastes. Inspection Fee. A fee paid to the City of Gem Lake to cover the costs of inspecting the new connection to the Municipal Sanitary Sewer System. ISTS. Individual Sewage Treatment System Maintenance. The scheduled inspection, flushing and minor repairs to the Municipal Sanitary Sewer System done on a regular basis. MCES. Metropolitan Council Environmental Services, the primary operator of the regional sewer system and it's successors and assigns. Municipal Sanitary Sewer System (MSSS). The sanitary sewer system owned and operated by the City of Gem Lake as a public utility and convenience from which revenues will be derived. Permit, Changeover. Apermitthat allows changing from an on -site individual sewage treatment system (ISTS) to the Municipal Sanitary Sewer System. This permitrequires thatthe on -site system be properly disconnected and sealed. Replacement. Replacing or rebuilding of sections of the sanitary sewer system, that may be found necessary due to age, damage or changing surface conditions. Page 2 of 12 SAC Charge, Gem Lake. A charge levied to each new user of the Municipal Sanitary Sewer System to help pay for continued maintenance of the system. SAC Charge, MCES. A charge levied to the City of Gem Lake by MCES to reserve unused capacity in the sewage treatment and metro collection system. Sewer Contractor. A person engaged in the business of Contractor building or repairing that portion of the house or building sewer extending from the house or building to the main sewer or other outlet. Surface Water. Roof, storm, surface, groundwater or water discharged from an air conditioning unit or system. Unit. A method of measuring the sewage put into the sanitary sewer system as well as a method for calculating the costs for use of the system. Section 3.3 Title Section 3.3.1 This Ordinance shall be known as the "Municipal Sanitary Sewer System Ordinance" of the City of Gem Lake. SECTION 4 DESCRIPTION AND OPERATION OF THE MUNICIPAL SANITARY SEWER SYSTEM. Section 4.1 General Operation Section 4.1.1 The entire Municipal Sanitary Sewer System, operated by the City of Gem Lake shall be operated as a public utility and convenience from which revenues will be derived. It is recognized that this sewer system might be available to only portions of the city, and that it will serve only where individual sewage treatment systems are unavailable or impractical. The Municipal Sanitary Sewer System operated by the City of Gem Lake exists to serve the users of the system who have connected to this system. As defined by the State Auditor, the accounting will be as an Enterprise Fund separate from the General Fund of the City of Gem Lake. It is expected that the users of the system shall pay for its construction, maintenance, any rebuilding or repairing needed and its operation. Section 4.2 Connection Required Section 4.2.1 Any buildings used for human habitation or use and located on property adjacent to a municipal sewer main, or in an area through which the system extends, shall be connected to the Municipal Sanitary Sewer System within one (1) year if buildings are commercial or ten (10) years if buildings are residential from the time a connection is available to any such property. Section 4.2.2 Any buildings used for human habitation or use and located on property adjacent to a municipal sewer main, or in an area through which the system extends, which have an ISTS determined to be failing shall be connected to the Municipal Sanitary Sewer System within six (6) months from the date said ISTS is determined to be failing. Section 4.2.3 All buildings constructed on property adjacent to a municipal sewer main or in an area through which such system extends, shall be provided with a connection to the Municipal Sanitary Sewer System for the disposal of all human wastes. Section 4.3 Use Of Certain Buildings Restricted Section 4.3(1) No person, firm or corporation shall use any building, nor allow any other person to use such building, which building is not connected to the Municipal Sanitary Sewer System as required by Section 4.2 of the Ordinance. Section 4.4 Types Of Wastes Prohibited Section 4.4.1 Except as herein provided, it shall be unlawful to discharge any of the following described materials into the Municipal Sanitary Sewer System. a) Any liquid or vapor having a temperature higher than one -hundred fifty (150°F) degrees Fahrenheit. b) Any water or waste containing more than 100 parts per million of weight of fat, oil or grease. c) Any gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas. d) Any garbage that is not properly shredded. e) Any ashes, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, plastic, wood, paunch manure or any other solid orviscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage system. f) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process or which constitutes a hazard to humans or animals or creates any hazard in the receiving water of the sewage treatment plant. g) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. h) Any noxious or malodorous gas or substance capable of creating a public nuisance. Page 3 of 12 I) A grease, oil and sand interceptor shall be provided when, in the opinion of the City Engineer, that it is necessary for the proper handling of liquid wastes containing grease in excessive amount, or any inflammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for residential dwelling units which discharge only normal wastes therefrom. Such grease and oil interceptors shall be of substantial construction, water -tight and equipped with easily removable covers which when bolted in place, shall be gas -tight and water -tight. All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Section 4.5 Industrial Wastes Section 4.5.1 It shall be unlawful to discharge, in the City of Gem Lake Municipal Sanitary Sewer System, any industrial wastes unless the prior approval of the City Council is obtained. The City Council may allow the dis- charge of industrial wastes if it finds that the proposed wastes will not be of an unusual amount or character. Section 4.6 Discharge of Surface Wastes Prohibited Section 4.6.1 No person shall cause to be discharged into the Municipal Sanitary Sewer System, either directly or indirectly, any roof, storm, surface or ground water of any type or kind. No water discharged from an air conditioning unit or system shall be allowed. Section 4.7 Tampering With The Municipal Sanitary Sewer System Section 4.7.1 No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Municipal Sanitary Sewer System. Section 4.8 Certain Connections Prohibited Section 4.8.1 No buildings located on property lying outside the City limits of the City of Gem Lake shall be connectedto the Municipal Sanitary Sewer Systemunless express authorization for such connections is obtained from the City Council of the City of Gem Lake. Section 4.9 Entry Upon Private Property Section 4.9.1 The officials and duly authorized agents of the City of Gem Lake, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties in the city for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the Municipal Sanitary Sewer System. Section 4.10 Rates and Charges Section 4.10.1 The annual charge forthe use ofthe Municipal Sanitary Sewer System for residential users shall be the amount established by resolution of the City Council at its first meeting in January of each year. Section 4.10.2 The annual charge for use of the Municipal Sanitary Sewer System for commercial, industrial, institutional and all other users who are not residential users shall be that amount established by resolution of -'` the City Council at its first meeting of each year. Section 4.10.3 The annual charge for use of the Municipal Sanitary Sewer System shall be based upon a UNIT system, with one unit being equal to 100,000 gallons of flow or part thereof. The following types of structures or business shall have UNIT ratings based as shown in Table 4.10(3) and as follows: co «: .. d i nrOVI TABLE I TYPE OF STRUCTURE OR BUSINESS UNIT BASIS Single Family Residence 1 Unit(s) Multiple Family Residence (Each Living Unit) 1 Unit(s) Store 4 Unit(s) Office % per 1,000 sf, Min. 2 Unit(s) Take -Out Food Store 6 Unit(s) Bar -Restaurant 6 Unit(s) Gas Station 6 Unit(s) Auto Dealer (Less Than 100 Employees) 6 Unit(s) Auto Dealer (More Than 100 Employees) 12 Unit(s) Auto Wash Rack (Per Wash Rack) 8 Unit(s) Church 6 Un it(s) Page 4 of 12 Section 4.10.4 The sewer rates for commercial, industrial, institutional and all other users not covered in the rate table above shall be as follows: a) For users who have municipal water, the sewer charge will be based on each one thousand (1,000) gallons, or part thereof of water consumption. The sewer use rate, per each 1,000 gallons of water, will be set by resolution of the City Council at its first meeting in January. A minimum charge for each quarter also will be set by resolution of the City Council at its first meeting in January. b) For a commercial, industrial, institutional or other user that do not have municipal water, the charges shall be as follows: 1) The usermay, athis own expense, install a meter, approved by the City Plumbing Inspector, to measure the amount of water consumption. This meter shall be installed by a Licensed Plumber and inspected by the Plumbing Inspector before any use is allowed. The rate for each 1,000 gallons will be set by resolution of the City Council at its first meeting in January. c) If the commercial, industrial, institutional or other user has more than one source of water for one building or use, each of the sources must be metered and the total amount of water metered be used for calculating sewer rates. Section 4.10.5 If the industrial or commercial user does not discharge considerable waste, as a part of its essential operation, then the requirement for metering may be waived upon recommendation of the City Engineer and approval of the City Council. In such event, the charge for waste discharge of this user, shall be establishedby resolution of the City Council establishing the number ofunits to be charged for this type ofuser. 4.11 Strength Charges For Industrial Users. Section 4.11.1 The MCES has imposed an industrial user sewer strength charge uponusers of the Metropolitan disposal system. The City of Gem Lake Municipal Sanitary Sewer System feeds into this disposal system. In order for the City to pay such costs, based upon strength of industrial discharge that are allocated to it by the MCES each year, it is necessary to establish a City system sewerstrength charge and a formula for computation of that charge for all industrial users using the City of Gem Lake Municipal Sanitary Sewer System. Section 4.11.2 There is established, in addition to sewer charges based upon the volume of discharge, a sewer charge upon each person receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the Municipal Sanitary Sewer System operated by the City of Gem Lake. Section 4.11.3 For the purpose of computation of the strength charge, the same strength charge formula designated by the governing body of MCES on June 15, 1976 and as amended from time to time, shall be used by the City of Gem Lake. Section 4.11.4 The strength charge established by this section of this Ordinance shall be paid by each industrial user receiving waste treatment services from the system operated by the City of Gem Lake. It will be billed in the same manner as the regular use charge for sewer service and be subject to the same penalties for late payment. Section 4.12 Payment Of Sewer System Charges Section 4.12.1 Sewer use charges shall be billed quarterly. Statements for sewer charges, for the preceding quarterly period, shall be mailed to each user of the system on or before the 1 Oth of January, April, July and October of each year. Such statements shall be due and payable to the City Treasurer on or before the last day of the month following the quarterly period covered by such statement. Section 4.12.2 If the sewer charge is not paid when due, then the following penalty shall be added to the next billing: a) For residential sewer users, a penalty charge for each billing period of four dollars ($4.00) or ten (10) percent of the amount due, whichever is greater. b) For all other sewer users, a penalty charge for each billing period of ten (10) percent if paid within the first month of arrearage. After one month of arrears, the penalty charge will be twenty (20) percent of the amount due. Section 4.13 Action To Collect Late Charges Section 4.13.1 If any two quarters of sewer charges have not been paid when due, or if over one hundred dollars ($100.00) of sewer charges are overdue, then a penalty charge in addition to that on Section 4.12, in the sum of twenty five dollars ($25.00) for arrearage up to $250.00 and fifty dollars ($50.00) for arrearage above $ 250.00 shall be added to the amount due. Section 4.13.2 All charges may be collected by action brought for that purpose in the name of the City of Gem Lake, or the City Clerk may certify to Ramsey County the amounts due (with penalties) together with a legal description of the premises served and the County shall thereupon enter such amount as part of the tax levy on said premises to be collected during the ensuing year. Section 4.14 Starting Of Sewer Charges Section 4.14.1 The sewer charges, described in this Ordinance, shall start thirty (30) days after a sewer connection is applied for. Page 5 of 12 SECTION 5 CONNECTIONS TO THE MUNICIPAL SANITARY SEWER SYSTEM Section 5.1 Connection Permit Section 5.1(1) Any person desiring to connect to the City of Gem Lake Municipal sanitary sewer system, shall request such connection on a Connection Permit Application Form provided by the City Clerk. This request shall be accompanied by the required fee, plus plans, specifications and any such information as might be necessary to identify how and by whom the connection will be made. Section 5.2 Connection And Inspection Fees Section 5.2.1 Each Connection Permit application shall be accompanied by a Connection Fee and an Inspection Fee payable to the City of Gem Lake. The fee rate for a Connection Permit and Inspection shall be set annually by resolution of the City Council at it's first meeting in January. If re -inspection of a connection is necessary after the initial inspection, a Re -inspection Fee will be charged. Section 5.3 Need for Changeover Permit Section 5.3.1 When a request is made for a residential sewer Connection Permit, where an Individual Sewage Treatment System (ISTS) is now being used, a Changeover Permit shall also be required. Both the Connection Permit and the Changeover Permit shall be issued at the same time. This Changeover Permit is to ascertain that the existing Individual Sewage Treatment System is properly disconnected and sealed. The Changeover Permit Fee shall be as set annually by resolution of the City Council at it's first meeting in January. Section 5.4 Additional Requirements For Connection Permits Section 5.4.1 The following conditions shall also be certified by the City Clerk for each connection request, before a Connection permit is issued: a) That the lot or tract of land to which the connection will be made has been assessed for the cost of construction of the Municipal sanitary sewer system; and b) If no assessment has been levied for such construction costs, the proceedings of levying such assessment have been or will be completed in due course; or c) If no assessment has been levied and no assessment proceedings will be completed in due course, that a sum equal to the portion of the cost of constructing said sanitary sewer main, which would be assessable against said lot or tract, has been paid to the City; or d) If an assessment for the construction cost of the sewer has been levied, which included a UNIT connection charge for each structure then in existence, that a monetary sum equal to such unit connection charge has been paid for structures not in existence at the time of the assessment. The amount of the UNIT assessment charge shall be as established in the assessment proceedings, or if not so established for any particular type of structure, the UNIT connection charge shall be based on the following formula, using a single family residential dwelling as one UNIT. co *: c d i di TABLE 11 TYPE OF STRUCTURE # UNITS Each Single Family Dwelling I Unit(s) Each Hotel Or Motel Unit 1/3 Unit(s) One Mobile Home Unit Or Apartment Unit % Unit(s) Industrial Or Commercial structures (per 1,000 s.f. area) % Unit(s) Minimum 2 Unit(s) Section 5.4.2 If no certification can be issued by the City Clerk, no permit to connect to the Municipal Sanitary Sewer System shall be issued, unless the applicant agrees to pay an assessable cost, to be determined by the City Engineer, upon the same basis as any assessment previously levied against other properties for said sanitary sewer construction. If no such assessment has been levied, the assessable cost will be determined upon the basis of the uniform charge which may have been or which would be charged for similar construction of such a sewer main, determined on the basis of total assessable cost of such main allocated using one of the following basis or combination thereof as determined by the City Council: a) Front Footage basis whereby the total cost of the project is divided by the total front footage of the project (each side of the street for frontage) to yield a per front foot charge which is then multiplied by the front footage of each benefitted property to determine the benefitted real property owner's share of the cost; or b) Acreage basis whereby the total cost of the project is divided by the total acreage served to yield a per acre charge which is then multiplied by the acreage of each benefitted property to determine the benefitted property owner's share of the cost; or Page 6 of 12 c) Benefitted Property basis where the total cost of the project is divided by the total number of benefitted properties times their sewer unit basis from Section 4.10(3), Table I to determine the benefitted property owner's share of the cost. Section 5.5 Restrictions On Connection Permits ^1 Section 5.5.1 Connection permits shall be issued only to property owners or to such persons, who are duly licensed by the City of Gem Lake, to engage in the business as Sewer Contractors and who have filed bonds and insurance as required by section 9.4 of this Ordinance. Section 5.6 Expiration Of Connection Permits Section 5.6.1 All connection permits shall expire ninety (90) days after the date of issuance, and any and all fees forfeited, unless the work planned and authorized is in actual progress. Section 5.7 Supervision And Inspections Of Connections Section 5.7.1 The Senior Building Official or Plumbing Inspector shall supervise all connections made to the Municipal Sanitary Sewer System. The Plumbing Inspector shall approve all plans, specifications and materials and be responsible for checking all excavations made for the purpose of installing or repairing these connections. Section 5.7.2 The inspection of all sewer connections will be done by the Plumbing Inspector. SECTION 6 SAC CHARGES Section 6.1 Definition Of SAC Charge Section 6.1.1 The MCES has determined a need to reserve extra capacity in the Metropolitan sewage treatment system. The City of Gem Lake sewage collection system connects to this system. A Service Availability Charge (SAC) shall be charged to the City of Gem Lake by the MCES for each new building that will be connected to the sewage collection system or for each building connected to newly constructed sewage collection systems. Section 6.1.2 The City ofGem Lake has determined a need to reserve additional maintenance charges for future maintenance of the Municipal Sanitary Sewer System. A City Service Availability Charge (SAC) shall be charged by the City of Gem Lake for each new building thatwillbe connected to the sewage collection system or for each building connected to newly constructed sewage collection systems. Section 6.2 How The SAC Charge Is Paid Section 6.2.1 Both the MCES and the Gem Lake SAC charges shall be payable to the City of Gem Lake upon the issuance of a Building Permit for a new building that will connect to the sewage collection system or for a Connection Permit, but no charge need be paid upon the issuance of a Connection Permit if a charge was paid -•� upon issuance of a Building Permit. SAC charges will only be made once per building, but additional SAC charges may occur if building use changes. Section 6.3 Definition Of A SAC Unit Section 6.3.1 One SAC unit equals two -hundred seventy-four (274) gallons of maximum potential daily wastewater flow volume. Single family houses, townhouses and each unit of a multi -family dwelling equal one (1) SAC unit. Public housing units equal 75% of one unit. Section 6.3.2 Apartment buildings, without potential laundry facilities in each unit, may apply for a reduction of 20%. Section 6.3.3 Commercial buildings are assessed SAC units based on maximum potential daily wastewater flow. The minimum capacity for such a building is one (1) SAC unit. Section 6.3.4 Industrial buildings are assessed SAC units based on maximum normal daily wastewater flow volume. The number of SAC units is based on the completed Industrial Sewer Connection Application (MCES 90-B). Section 6.4 Administration Section 6.4.1 The City Council shall annually, by resolution at it's first meeting in January, determine the SAC charge for each building or connection and shall order the City Clerk or Treasurer to collect the applicable charge before issuance of a permit. The MCES will help determine SAC units if necessary and will make the final decisions regarding the correct number of units to assess. Section 6.4.2 The number of SAC unit charges collected each year shall be recorded by the City Clerk, and shall be made available to the MCES upon request. If after filing the required yearly report to the MCES, it is determined that a greater number of SAC units should have been assigned to a building, any additional amount of cost shall be paid by the person or company to whom the permit for that building was granted. SECTION? MAINTENANCEAND INSPECTION, MAJOR MAINTENANCE AND/OR REPLACEMENT OF THE EXISTING MUNICIPAL SANITARY SEWER SYSTEM Section 7.1 Maintenance And Inspection Responsibilities Section 7.1.1 The City of Gem Lake City Council shall be responsible for the cost and scheduling of minor maintenance, flushing and inspection of all of the Municipal Sanitary Sewer System to include: Page 7 of 12 a) Bi-annual flushing of sewer mains. b) Maintaining necessary records to determine location, age and condition of all of the existing sewer mains. c) Video or other means of inspection of the Municipal sanitary sewer system, at least once every 15 years, or as determined by system problems or reports from flushing operations. Section 7.1.2 The costs of the maintenance and inspection operations shall be paid from the revenues collected from the billings for the Municipal Sanitary Sewer System operations. As this system is operated as a public utility, all costs must be paid from funds collected from user fees and accounted for in a separate Enterprise Fund for the utility and not from the General Fund of the City of Gem Lake. Rates for system users shall be set with the costs of these maintenance and inspection operations in mind. Section 7.2 Costs For Major Repairs Or Replacement Section 7.2.1 The costs for major repairs or replacement of portions or all of the existing Municipal Sanitary Sewer System shall be borne by the end users of the system. The system is operated as a public utility and exists to serve it users. Section 7.2.2 If a major repair or replacement of the existing system is necessary, all costs of replacement or major repair of any and all parts of the system shall be assessed against the properties served and buildings connected to the existing system. Whenever possible, a project for major repair or replacement will be initiated by the City Council, the City Engineer will prepare specifications, bids taken, and public hearings will occur before major repair or replacement would start. Section 7.2.3 In cases of emergency replacementor repair of the system, the City Council will initially arrange for payment for such replacement or repair and then assess all costs of such repairs or replacement to the system users. SECTION 8 METHODS TO DETERMINE IF EXTENSIONS OF THE MUNICIPAL SANITARY SEWER SYSTEM ARE NEEDED OR NECESSARY Section 8.1 Capabilities To Expand System Section 8.1.1 The City of Gem Lake Municipal Sanitary Sewer System may be expanded to serve additional areas of the City and may be expanded to collect the amounts of sewage flow as provided to the Metro Council and the MCES in the Comprehensive Municipal Plan of the City. The values of current flow and expected flow and the areas of the city served by the Municipal Sanitary Sewer System are updated to the MCES regularly. Section 8.2 Methods To Do Extension Projects Section 8.2.1 If any of the following events occur, the City of Gem Lake City Council may start a project for 11 an expansion or extension of the Municipal sanitary sewer system: ` a) A legal petition, signed by two-thirds (2/3) majority of the residents of a defined area in the City of Gem Lake, is received by the City Council. The "defined area" shall be the smallest practical area in which an extension may be installed, as determined by the City Engineer. Section 8.2.2 The results of the Bi-Annual inspection of the Individual Sewage Treatment Systems, as outlined in Ordinance No. 67 of the City of Gem Lake, indicates that the Municipal sanitary sewer system must be ex- tended into a defined area due to health or pollution problems. Section 8.2.3 Receipt of a binding decree from the County, Regional, State or Federal authorities that an extension must be made. Section 8.3 Methods Used To Start An Extension Project Section 8.3.1 if a valid request or requirement for a system extension is received by the City of Gem Lake City Council, the City Engineer will be instructed to estimate the costs of a sewer extension project for the defined area. These costs and the extent of the project will be presented to the affected property owners at public hearings. Section 8.3.2 All costs of sewer extension projects shall be assessed to the properties that will be affected and gain or retain value by this project. The health and welfare of the affected parties and their neighborhoods should also be considered. The assessment may be done using one of the following basis or combination thereof as determined by the City Council: a) Front Footage basis whereby the total cost of the project is divided by the total front footage of the project (each side of the street for frontage) to yield a per front foot charge which is then multiplied by the front footage of each benefitted property to determine the benefitted property owner's share of the cost; or b) Acreage basis whereby the total cost of the project is divided by the total acreage served to yield a per acre charge which is then multiplied by the acreage of each benefitted property to determine the benefitted property owner's share of the cost; or c) Bencfttted Property basis where the total costof the project is divided by the total number ofbenefitted properties times their sewer unit basis from Section 4.10(3), Table I to determine the benefitted property owner's share of the cost. Page 8 of 12 Section 8.3.3 As this sanitary sewer system is operated as a public utility from which revenues will be derived, no City of Gem Lake funds, other than sewer system funds, shall be used for such projects. SECTION 9 LICENSING OF SEWER CONTRACTORS Section 9.1 Eligibility Section 9.1.1 Any person who has had at least three (3) years of experience in responsible charge of minor sewer work involving a knowledge of trenching, bracing, tunnel work, pipe laying in public streets and all other matters pertaining to and incidental to such sewer work and is a Licensed Plumber or an Unlicensed Plumber who has received and provides copies of a contractor's bond in the amount of $25,000 issued by the State of Minnesota Department of Health for doing sewer work is eligible to receive a license as a Sewer Contractor in the City of Gem Lake. Section 9.2 Application For License Section 9.2.1 Any person desiring to become a sewer contractor shall make application to the City Clerk and shall, if necessary, be required to submit himself to an examination as to his qualifications before the City En- gineer or Plumbing Inspector. Section 9.3 Examination And Licensing Section 9.3.1 The City Council may approve or reject said application, or may refer the same to the City Engineer or the Plumbing Inspector, for examination as to the applicant's qualifications. If the City Council approves the application, a license authorizing the applicantto engage in the business of sewer contracting shall be issued, but only after the execution and filing of the bond and insurance requirements and payment of the fee is accomplished. Section 9.4 Bond And Insurance Section 9.4.1 Before the Sewer Contractor's License is issued, the licensee shall file, with the City Clerk, the following Bond and Insurance certificate: a) A bond in favor of the City of Gem Lake, as obligee, with an approved Corporate Surety, in the penal sum of five thousand dollars ($5,000.00), the conditions of which bond shall be that the licensee shall keep the obligee harmless from all costs and charges that may accrue on account of the doing of any work authorized or permitted in making sewer connections in the City of Gem Lake per this Ordinance, that the licensee shall save the obligee harmless from any loss or damage by reason ofimproper or inadequate work preformed by the licensee on projects done per this Ordinance and further that the licensee shall save the obligee harmless from any damage to utility lines, curbs, street, street surfaces or sidewalks. b) A certificate that insurance is in force covering the licensee for the period covered by the licensee in J the following minimum amounts: Property damage, one hundred thousand dollars ($ 100,000.00); Public Liability, two -hundred fifty thousand dollars ($ 250,000.00) each person; and five -hundred thousand dollars ($500,000.00) for each accident. The certificate shall state that the policies covering the licensee shall not be canceled without ten (10) days written notice to the City of Gem Lake. 3) A certificate that worker's compensation insurance is in force covering any employee of the licensee for the period covered by the insurance. Section 9.5 Re-examination Section 9.5.1 Should the applicant not be approved by the City Council, he may file a second application for subsequent consideration by the City Council, with such examination as to qualifications as the City Council may require, but no applicant shall file more than two (2) applications with a period of one (1) year. Section 9.6 Fees Section 9.6.1 The annual license fee shall be that set annually by the City Council at its first meeting in January. Any person allowing his license to expire shall not be permitted to do any of the work authorized under said license during the time between expiration and the issuance of a new license. Section 9.7 License Not Transferable Section 9.7.1 A Sewer Contractor's license shall not be transferable. No person holding a license shall allow his name to be used by any other person for the purpose of obtaining permits or to do any of the work for which said license is issued. Section 9.8 Revocation Of License Section 9.8.1 The City Council shall have the power to revoke any license upon satisfactory proof that the holder of said license has willfully violated any of the provisions of this Ordinance. A revoked license shall not be re -instated in any manner for a period of six (6) months. The failure to pay, within sixty (60) days, any legitimate claim the City of Gem Lake may have against a sewer contractor shall constitute cause for revocation of a license. Section 9.9 Connection To The Municipal Sanitary Sewer System Section 9.9.1 License Required. Only contractors who are licensed as Sewer Contractors by the City of Gem Lake may install sewer pipe materials for commercial/industrial structures and make final connections to the municipal sanitary sewer system for all types of structures. Page 9 of 12 Section 9.9.2 No License Required. No license shall be required of contractors or homeowners installing the sewer pipe materials from residential structures to the connection point. SECTION 10 MATERIALS TO BE USED Section 10.1 The materials and construction methods described in this section of this Ordinance shall be exclusively used in making sewer connections to the Municipal Sanitary Sewer System of the City of Gem Lake: TT - iii Section 1u.1 t 1 ) 1 L1" --- DESCRIPTION CLASS SPECIFICATION JOINT Polyvinyl Chloride (PVC) Sewer Pipe SDR 35 ASTM D3034 Elastomeric Gasket Vitrified Clay Sewer Pipe Extra Strength ASTM D1785 ASTM C425 Polyvinyl Chloride (PVC) Sewer Service Pipe Schedule 40 ASTM D1785 Gasket Cast Iron Soil Service Pipe I Service Weight ASTM A-74 Gasket Section 10.1.2 Unless otherwise stated, a sanitary sewer main ofeight (8") inch diameter snail oe expecLuu ati the minimum size and service connection pipe shall be at least four (4") inches in diameter. The service connection pipe shall be installed at grades approved by the City Engineer. Section 10.2 Joints And Connections Section 10.2.1 Joints for cast iron pipe and vitrified clay sewer pipe or for joints or connections between different types of pipe shall be in the manner and of a kind prescribed by the City Engineer. The City shall provide a list of various types and kinds of joints and connections which are approved by the City Engineer and the types and kinds of joints that are prohibited. Section 10.3 Grades Section 10.3.1 Unless otherwise authorized, all house sewers shall have a grade of not less than one -eighth (1 /8") inch per foot. A grade of one -quarter (1 /4") inch should be used whenever practical. The contractor shall check grades before construction proceeds and he shall install the house sewer by exposing the wye at the sewer main or the service stub and at the property line. He shall connect to the wye or service stub and shall lay the house sewer line from the wye or service stub to the building. Whenever possible the connecting sewer shall joint the building at an elevation which is below the basement floor of such building. Section 10.4 Alignment Section 10.4.1 No connecting sewer shall contain bends or a combination of bends which at any point shall be greater than forty-five (45°) degrees and no more than two (2) bends, regardless of angle, shall be permitted in any single house connection except where manholes or clean -outs are constructed at such points and in the manner as directed by the City Engineer. No connecting sewer shall be laid parallel to any bearing wall or footing unless it is placed at least three (3') feet from any such bearing wall or footing. No connecting sewer shall be laid within twenty (20') feet of any existing well unless cast iron soil pipe is used. Section 10.5 Trenching And Backfilling Section 10.5.1 All excavations shallbe open trenchwork unless otherwise authorizedby the City Engineer. The foundation of the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good and firm earth, the earth shall be pared and molded to give a full support to the lower third (1/3) of the pipe. Bell holes shall be dug to provide sample space for bells. Care must be exercised in back filling below the center line of the pipe in order to give it proper support. Back filling shall be placed in layers and solidly tamped or packed to two (2') feet above the pipe. Back filling shall not be done until the section to be back filled has been inspected by the City Engineer, his representative and the Plumbing Inspector. Section 10.6 Use Of Old House Sewers Section 10.6.1 Old house sewers or portions thereof may be approved for use by the City Engineer. The City Engineer may request that the old sewer be excavated for the purpose of facilitating inspection. Section 10.7 Existing Individual Sewage Treatment System Section 10.7.1 No house sewer shall be laid across or over any existing cesspool or septic tank unless the existing cesspool or septic tank shall firstbe pumped clean and filled with earth to the surrounding ground level. Where a sewer connection is laid across or over an existing cesspool or septic tank, only cast iron solid pipe, confirming to ASTM Standard Specifications shall be used for that portion of the connecting sewer. Page 10 of 12 Section 10.7.2 The contents of the existing cesspool or septic tank shall not be discharged into the City of Gem Lake Municipal Sanitary Sewer System, but must be disposed of outside the City Limits. Section 10.8 Connections At Wye only Section 10.8.1 Every connecting sewer shall be connected to the Municipal Sanitary Sewer System at the wye designated for the property served by the connection, exceptwhere otherwise expressly authorized by the City Engineer. All connections made at point other than the designated wye shall be made only under the direct supervision of the City Engineer and in such a manner as he may direct. Section 10.9 Tunneling Section 10.9.1 Tunneling fora distance of not more than six (6) feet is permissible in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall be at least one size larger than the pipe to be laid. Section 10.10 Independent System Required Section 10.10.1 The drainage and plumbing system of each new building and of new work installed in an existing building shall be separate from and independent of that of any otherbuilding exceptwhere provide for in Section 10.11 of this Ordinance. Every Building shall have an independent connection with the sanitary sewer system when such is available. Section 10.11 Exception To Requirement Of Independent System Section 10.11.1 Where one building stands to the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building drain from the front building may be extended to the rear building and the whole will be considered as one building drain. Where such a building is extended, a clean out shall be provided immediately inside the rear wall of the front building. Section 10.12 Repair Of Public Right -Of -Way Section 10.12.1 For each connection permit issued, a deposit of five hundred dollars ($500.00) shall be paid to the City Clerk, for restoration of public right-of-way before starting of the project. This deposit will be returned upon satisfactory completion of the connection. Forfeiture of the deposit does not exonerate the permit holder from satisfactory completion of the work. Section 10.13 Costs And Expenses For Installation And Connection Section 10.13.1 All costs and expenses incident to the installation and connection to the Municipal Sanitary Sewer System shall be borne by the owner. The owner shall indemnify the City of Gem Lake for any loss or damage that may directly or indirectly be occasioned by the installation of the sewer connection, including the —`� restoring of streets and street surface. SECTION 11 VIOLATIONS AND PENALTIES Section 11.1 The City of Gem Lake shall have the right to enforce all sections of this Ordinance by injunction or by any other legal remedy, including the right to prohibit the use of the Municipal Sanitary Sewer System by a person violating or operating contrary to these provisions. Section 11.2 Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a find of not more than One Hundred Dollars ( $100.00) and cost for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12 ADOPTION, AMENDMENT AND ENACTMENT Section 12.1 Adopted by the City of Gem Lake City Council this 281h day of March , in the year 1994 and placed in effect on the 281h day of March in the year 1994 . Section 12.2 Amended by the City of Gem Lake City Council this 21" day of January , in the year 2003 and placed in effect on the 121h day of February in the year 2003 . Section 12.3 Amended by the City of Gem Lake City Council this 141h day of July , in the year 2004 and placed in effect on the 281h day of July in the year 2004 . ENACTED: ATTEST: f� Paul R. Emeott, Mayor Frederic C. Magnuson, City Clerk fib: ordinance\Ord64\OrdNo64E2004.wpd CERTIFIED COPY Page 11 of 12 CITY OF GEM LAKE ORDINANCE NO. 64 LEGEND The Sanitary Sewer System Ordinance of the City of Gem Lake was originally enacted by the City Council as City of Gem Lake Ordinance No. 64 on 28 March 1994. Since that time, the City Council has adopted several changes in keeping with the changing times and needs and wishes of the community. The following table is added to Ordinance No. 64 as an historic reference to those changes. All changes shown below have been incorporated into Ordinance No. 64 and placed in the public domain or made available to the public following the dates shown. ENACTED REVISED ORDINANCE ORDINANCE TITLE & DESCRIPTION DATE 64 An Ordinance Regulating The Operation Of The Municipal Sanitary Sewer System: 03 / 28 / 1994 Requiring Connections To Be Made To The Municipal Sanitary Sewer System; Establishing Regulations As To Type And Kinds Of Waste That May Be Disposed Of In The Municipal Sanitary Sewer System; Prohibiting The Discharge Of Any type Or Kind Of Surface Waters Into The Municipal Sanitary Sewer System; Prescribing Rates And Charges For Sewage Disposal Services; Providing For The Issuance Of Permits For and Supervision Of All Connections To The Municipal Sanitary Sewer System; Prescribing Certain Materials And Methods To Be Used For Said Connections; Providing For Licensing Of Sewer Contractors; and, Prescribing Penalties For The Violation Of The Provisions Of This Ordinance. 81 Am Ordinance Amending Ordinance No. 64 By Recodifying And Expanding Section 3.2 01 / 21 / 2003 Definitions, Upgrading References To The Metropolitan Council Environmental Services, Recodifying Table 5.41(4)d, and Providing For Administration Of The Ordinance. 64D City Clerk Magnuson recodified by adding the word Section to each section and subsection 04 / 06 / 2004 consistent with other ordinances and amended section numbering of Section 13 to properly reflect codification. Section 12 was added for purposes of codification only. No words, languageor content were amended in any way that would affect the content ofthis ordinance. 64E An Ordinance Amending Ordinance No. 64 By Adding and Amending Den nitions, Connection 07/14/2004 Requirements, Rates and Charges, Contractor Licensing and Cost Assessment and incorporating changes into Ordinance No. 64 as Ordinance No. 64E. Page 12 of 12 Telephone: ( 651 ) 426 - 6443 Mobile: (612 ) 812 — 6139 �* a�d CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East Gem Lake, MN 55110-5231 PW1fWAA�V" PUBLIC NOTICE NO.2004-21 DATE: 22 July 2004 FROM: Fritz Magnuson, City Clerk TO: Press Publications, Legal Publications @ legal s-.sherbtel.net RE: Legal Notice To Be Published To Whom It May Concern, 0 V-wei'1,111� 11 Facsimile: ( 651 ) 426 — 6444 Email: GemLakeCity@aol.com The following Legal (Public) Notice is to be published in the Legal Notices Section of the 28 July 2004 edition of the White Bear Press. Please confirm receipt and verify content is in acceptable form for use. City of Gem Lake Public Notice No. 2004-21 ORDINANCE NO. 64E On 14 July 2004, the Gem Lake City Council unanimously adopted Ordinance No. 64E, An Ordinance Amending Ordinance No. 64D By Adding And Amending Definitions, Connection Requirements, Rates And Charges. Contractor Licensing And Cost Assessment And Incorporating Said Additions And Amendments Into Ordinance No. 64E. This Ordinance No. 64E shall be placed in full force and effect upon publication of this summary in the Legal Notices Section of die White Bear Press, the City's Official Publication. Anyone wishing to receive a copy of the full text of the ordinance may do so by sending a written request specifying paper (printed) or electronic (Adobe) version accompanied by a 9" x 13" envelope and payment of $10.65 for the ordinance plus $1.48 postage to the City Clerk as follows: Office of the City Clerk CITY OF GEM LAKE 1369 East County Road "E" Gem Lake, MN 55110 SsHFrederic C. Magnuson, City Clerk CITY OF GEM LAKE RESOLUTION NO.2004-14 14 July 2004 RESOLUTION OF THE CITY OF GEM LAKE, MINNESOTA AMENDING ORDINANCE NO 67 AND ORDERING THE ENACTMENT OF SAID AMENDMENTS. WHEREAS,the Staff, Planning Commission and City Council ofthe City of Gem Lake have reviewed several plans for development of real property in the City in areas where Individual Sewage Treatment Systems might have been used and have found minor deficiencies in Ordinance No. 67, The Individual Sewage Treatment System ordinance; and WHEREAS it is determined to be in the best interest of public health and safety to make certain amendments to Ordinance No. 67 so as to further protect the public; and WHEREAS a properly noticed Public Hearing has been held on the matter and the results of said hearing have been duly considered along with a Statement of Need and Findings of Fact. Now, Therefore Be It RESOLVED,that the City Council of the City of Gem Lake acknowledges and orders incorporation of proposed amendments and additions to Ordinance No. 67B in accordance with City Staff and Planning Commission recommendations and orders immediate enactinent of the ordinance to be titled as Ordinance No. 67B; and Be It Further RESOLVER that the City Clerk is hereby ordered to publish in the City's official publication a summary of said changes and indicating availability of the complete text of Ordinance No. 67B in accordance with the City's policy on dissemination of public information. The foregoing Resolution was offered by Councilor Bosak and was supported by Councilor Watson and was declared adopted hncafi 11 inn tha fnllnwino vntP- `'AME EMEOTT WATSON BIRKEBAK IGO BOSAK VOTE Aye Aye Abesnt Aye Aye ATTEST I, Frederic C. Magnuson, 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. Frederic C. Magnuson, City Clerk Date (tertif ieb Copg e-file: resolution\2004\no2004-14 INDIVIDUAL SEWAGE TREATMENT ORDINANCE CITY OF GEM LAKE Ordinance No. 67B With Amendments through July, 2004 Enacted 14 July 2004 Replaces Ordinances No. 46 and 61 which should be considered the origin of this ordinance. $ 10.65 j CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 67B AN ORDINANCE REPEALING ORDINANCE NOS.46 AND 61 AND REGULATING SEPTAGE DISPOSAL, THE DESIGN, LOCATION, INSTALLATION, RENOVATION, OPERATION, MAINTENANCE AND INSPECTION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS. I The City Council of the City of Gem Lake does hereby ordain: Section 1. Section 1.1. Authority. This Ordinance is adopted pursuant to the authority granted in Minnesota Statutes, Section 412.221. Section 1.2. Adoption By Reference. Adopted and incorporated herein by reference is current Minnesota Statutes, Section 115.55, et. Seq. and Minnesota Rules Chapter 7080, "Individual Sewage Treatment Systems Standards" of the Minnesota Pollution Control Agency Water Quality Division, and amendments thereto adopted subsequent to the Effective Date of this Ordinance, except warranted systems will not be allowed. All terms not otherwise defined herein shall have the meaning given to such terms in Chapter 7080. Section 1.3. Purpose and Intent. The purpose of this Ordinance is to protect and promote the health, safety, and general welfare of the people of Gem Lake and of other affected communities by regulating septage discharges and the location, installation, alteration, operation, maintenance, and monitoring of all individual sewage treatment systems so as to protect land, water, and other natural resources within and outside the City of Gem Lake from impairment, pollution, or destruction; to minimize the rise of spreading communicable diseases, and to prevent and avoid other health and ecologic hazards attributable to bacterial and chemical contamination of lands and waters; and to save residents and owners of real property from the large and unnecessary expense associated with providing central public water and sewer services where such expenses may reasonably be avoided. Section 1.4. Title. This Ordinance shall be known as the "Individual Sewage Treatment System Ordinance" of the City of Gem Lake. Section 2. Section 2.1. Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be minimum requirements and shall be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any other power established bylaw or ordinance except as specifically provided herein. With the exception of Section 6, which shall control notwithstanding any more restrictive comparable requirements, in the event that requirements imposed by this Ordinance conflictwith requirements imposed by this Ordinance or by other ordinances of the City of Gem Lake or any other state law or regulation, then the more restrictive provisions shall apply. The Administrator shall rule on what is more restrictive, and appeals from such decisions, as well as other interpretations, may be made in accordance with Section 10.3. herein. Section 2.2. Construction. Words used in the present tense include the past and future tense; the singular includes the plural, and the plural includes the singular; the word "shall" is mandatory, and the word "may" is permissive; the masculine gender includes the feminine. Section 2.3. Definitions. In addition to the definitions contained in Regulations, Chapter 7080, the following definitions shall also apply in the interpretation and enforcement of this Ordinance. Administrator. That person designated to administer this Ordinance pursuant to Section 10.1 herein or an agent or employee authorized by him to act on his behalf. Applicant. A person who submits an application for a permit for the installation, modification or renovation of an Individual Sewage Treatment System. Contractor. A person, firm or corporation currently licensed by the MPCA to perform installation, alteration, repair, maintenance, or other service on Individual Sewage Treatment Systems. Ecologic Scientist. A soil scientist, geologist, registered professional engineer, sanitarian or other individual who is qualified pursuant to Section 9 herein to perform soil and percolation testing and site evaluations. Individual Sewage Treatment System (hereinafter, ISTS). A facility for receiving and treating of sewage which is not a part of or connected to a public sewer system. Installation. The construction or placement of an Individual Sewage Treatment System on real property. Page 2 of 12 Maintenance. For the standard Individual Sewage Treatment System, the regular inspection and arrangement for the removal and sanitary disposal of septage from the tank whenever the top of the sludge layer is less than twelve (12) inches below the bottom of the outlet baffle, or whenever the bottom of the scum layer is less than three (3) inches above the bottom of the outlet baffle. For permitted alternative systems, "Maintenance" shall mean such regular inspection and care for the system as may be determined by the Septage Inspector or Administrator in order to ensure its safe, healthful operation consistent with the intent of this Ordinance. MCES. Metropolitan Council Environmental Services, the primary operator of the regional sewer system and it's successors and assigns. MPCA. The Minnesota Pollution Control Agency. Person. An individual, partnership, firm, corporation, or association, or other legal entity and also the state or any political subdivision thereof or other governmental entity, but not including the City of Gem Lake. Property Owner. The fee title owner or contract for deed purchaser of a parcel of real property in the City of Gem Lake. Public Sewer System. The sewage treatment and disposal system owned and operated by the City of Gem Lake or the state or any political subdivision thereof or other governmental entity, including interceptors, collector lines, outfall and outlet sewers, man holes, pumping stations and related equipment. Pumper. A person, firm or corporation licensed by the MPCA to pump, transport, and deliver into sites approved by the MPCA, MCES and others septage from Individual Sewage Treatment Systems. Remedial Action. Action required to be taken by a Property Owner upon which an Individual Sewage Treatment System is located to return said system to proper working order, including but not limited to, repair, alteration, renovation or replacement. Renovation. Activity involving the extension, alteration, reconstruction, or repair of an Individual Sewage Treatment System in whole or in part, provided that the minor alteration, maintenance, or repair of a system involving activity having a reasonable value, (based on the approximate charge if performed by a qualified installer) of less than $500 shall not be considered a renovation. Scheduled Inspection. An inspection of Individual Sewage Treatment Systems required by the City of Gem Lake at regular intervals to be performed by an MPCA licensed inspector appointed by the City of Gem Lake. Septage. Sludge, scum, solids and untreated waste -water pumped and collected from one or more Individual Sewage Treatment Systems for the purpose of land application or discharge to a public sewer system or treatment facility. Septage Inspector. Any individual, licensed by the MPCA as designer or inspector, who approves the design, grants permits, makes site evaluations, and inspects the installation, operation, renovation, and maintenance of on -site Individual Sewage Treatment Systems in the City of Gem Lake. Shoreland. Real property immediately adjacent to and abutting but not contained within the mean high water mark of any Shoreline. Shoreland Zone 1. All real property located within and waterward of any Shoreline in the City of Gem Lake as determined by a federal, state, regional or local regulatory agency with the authority to make such determinations. Shoreland Zone 2. All real property located within and landward fifty (50') feet of any Shoreline in the City of Gem Lake as determined by a federal, state, regional or local regulatory agency with the authority to make such determinations. Shoreland Zone 3. All real property located within and landward fifty (50') feet to one hundred fifty (150') feet of any Shoreline in the City of Gem Lake as determined by a federal, state, regional or local regulatory agency with the authority to make such determinations. Shoreline. The mean high water mark of the body of water known as Gem Lake and any lake, pond, or flowage in the City of Gem Lake as determined by a federal, state, regional or local regulatory agency with the authority to make such determinations, along with all wetlands attendant to each body of water. Standard ISTS System. An individual sewage treatment system and the parts thereof described in Chapter 7080 currently in effect and, from time to time, amended. Subdivision. The division of a lot, tract, or other parcel of real property into two (2) or more lots, tracts, parcels, or other divisions of real property, governed by and subject to the provisions of the Subdivision Ordinance of the City of Gem Lake. Wetlands. An area where water stands near, at or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominantly aquatic form of vegetation, and which may have the following characteristics: Page 3 of 12 a) Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrub land, and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1 1,2,3,4,6,7, and 8 described by the United States Fish and Wildlife Service, Circular 39, "Wetlands of the U.S."). b) Mineral soils with grey horizons of organic soils belonging to the Histosol order (peat and muck). c) Soil which is water logged or covered with water at least three (3) months of the year. d) Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and such property may be shallow water bodies, the waters of which are stagnant or actuated by very feeble currents, and may be at times sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where natural vegetation changes from predominantly aquatic to predominately terrestrial. Section 3. Section 3.1. Scope. This Ordinance shall govern and apply to the following when located within the City of Gem Lake: septage disposal to an ISTS; the installation or renovation of an ISTS undertaken following the effective date of this Ordinance; and the operation, maintenance, correction and inspection of all ISTS, regardless of when they were installed. Section 3.2. Disposal Permits. It shall be unlawful for any person to dispose of septage within the City of Gem Lake, except pursuant to a disposal permit from the Administrator. Application for a septage disposal permit shall be in writing on forms furnished by the Administrator, accompanied by the payment of a fee as established by the City of Gem Lake Council and as modified from time to time by resolution, payable to the City of Gem Lake, and shall be signed by the Applicant. Application for disposal into the Metropolitan Council Environmental Services system shall be accompanied by written approval from the Metropolitan Council Environmental services that such disposal is acceptable to Metropolitan Council Environmental Services. Disposal permits shall specify the site(s) where the permit holder may dispose of septage and the quantity of septage to be disposed at each site. Disposal by land application shall be according to guidelines of the Minnesota Pollution Control Agency. Section 3.3. Permissible Systems. Any of the standard types of ISTS, and parts thereof, described in Chapter 7080 currently in place and as from time to time amended, may be installed or renovated within the City of Gem Lake. Permits for any alternative system other than the standard system may be issued by the Administrator only upon a showing by the Applicant that the real property for which the permit is sought was a lot of record on the Effective Date of this Ordinance, and that a Standard System cannot be installed in accordance with the provisions of this Ordinance. Section 3.4. System Design. All ISTS installed in the City of Gem Lake shall be designed to receive all sewage from the dwelling(s), building(s), or other establishment(s) served by the ISTS, including laundry waste and basement floor drainage. Surface, roof and foundation drainage and other storm water shall not be allowed to enter any part of the ISTS. Section 3.5. Individual ISTS Per Unit. Not more than one dwelling, commercial, business, institutional, or industrialunit shall be connected to the same ISTS, unless such multiple connection was specified in the application submitted and in the permit issued for the ISTS. Section 3.6. Additions To ISTS Units. Where it can reasonably be anticipated thatthe construction of additional structures, dwellings or bedrooms, or the installation of additional equipment or services will increase the amount of sewage discharge or affect the operation of the ISTS, an ISTS to be installed or renovated shall comply with the requirements applicable to such additional needs. Section 3.7. Public Sewer Availability. No ISTS shall be installed or renovated on real property to which public sewer service is currently available, without a system permit. Within the Urban Service Area, as identified in a Metropolitan Council approved comprehensive sewer plan, developers shall locate all ISTS to achieve maximum economic feasibility ofconnectionto the public sewer system, consistentwith the other provisions ofthis Ordinance. Section 3.8. Subdivisions. Preliminary plats for proposed subdivisions shall be submitted to the Administrator for review to determine whether an ISTS which complies with this Ordinance could reasonably be installed on each lot in the proposed plat. The Administrator may require the person subdividing the real property to submit information and studies relating to the soils, water table level, percolation rate, and other relevant features, and to submit information as to the economic feasibility of construction of an ISTS to serve all or a portion of such lots evidenced in the preliminary plat. No preliminary plat shall be approved by the City of Gem Lake Council unless the Adminis- trator and City Engineer make a favorable recommendation regarding the ability of each lot to accommodate a satisfactory ISTS. Appeal from an unfavorable recommendation hereunder shall be in accordance with the provisions contained in Section 10.3. The review and recommendation provided herein shall not eliminate the need for complying with the permit and other requirements contained herein with respect to an ISTS on the lots in the preliminary plat. Page 4 of 12 Section 4. System Permits. Section 4.1. Permits Required. No Person shall Install or Renovate an ISTS within the City of Gem Lake without first obtaining a system permit therefore from the Administrator applicable to the specific activity to be undertaken. A system permit shall be valid for a period of twelve (12) months following the date of it's issuance. No building permit for anybuilding involving the installation or renovation of an ISTS shall be issued until a system permit for the involved facility has been approved. No system permit shall be issued except following compliance with the provisions contained herein. Section 4.2. Applications For Permits. Applications for permits shall be accompanied by the payment of a fee as establishedby the City of Gem Lake Council and as modified from time to time by resolution, and shallbe in writing on forms furnished by the Administrator, and shall be signed and certified as to the accuracy of the information provided by the Applicant. Section 4.3. Application Content. Each permit application may contain, at the discretion of the Administrator: legal description of the proposed site; name and address of the Property Owner and of the Person performing the permit activity; the qualifications and experience of the Person contracting to perform the permit activity; a plot plan of the land showing the site of the permit activity, indicating boundary lines, abutting roads, existing and proposed structures, feed lots, wells, waterbodies, land elevations, soils, slopes and location of the proposed system, including a redundant location; percolation tests; a sketch of the proposed system including its parts, size, design and location; a description of the proposed system including building(s) to be served, maximum number ofbedrooms to be served (or for nonresidential uses, anticipated average and peak daily flow of water) and size in gallons; a description and location of the water supply, well depth, proximal location of bedrock and water table; and such additional information as may be required by the Administrator. Section 4.4. Site Evaluation. Upon receipt of an adequate application, the Septage Inspectoror the Administrator shall visit the Applicant site and perform an evaluation of the site with regard to the requirements contained herein and to the design of the proposed system. Such evaluation may include soil and percolation tests and any other tests the Septage Inspector or administrator deems necessary. The Septage Inspector and Administrator need not perform any field evaluation where the Applicant includes a site evaluation, prepared by a competent installer or ecologic scientist licensed by the MPCA, which discusses the testing which has been undertaken in connection with the proposed system, including soil, bedrock and surface and groundwater characteristics, the design of the system in relation to the topographic, geologic and biologic characteristics of the proposed site, and which provides certification as to the adequacy of the location for the proposed system in relation to the requirements contained f� herein. Section 4.5. Alternate Systems. In instances where the proposed design is not acceptable to the Septage Inspector or Administrator, the Administrator may make arrangements for a licensed and qualified independent consultant to make an evaluation of the site and/or the proposed ISTS at the sole expense of the Property Owner. Approval of installation of alternate systems may only be granted by the City of Gem Lake Council. Section 4.6. Approval. Within ten (10) days ofthe site evaluation or receipt of the certification pursuant to Section 4.4., the Administrator shall approve, approve with conditions, or disapprove the permit Application, with reasons therefore in writing. Section 4.7. Permanent Records. The Administrator shall maintain permanent records of all Applications, submittals, and permits. SECTION 5. System Specifications. Section 5.1. Technical Requirements. All ISTS shall be designed by certified or licensed ISTS designers and installed or renovated in accordance with the requirements contained in this Ordinance. Section 5.2. Structural Requirements. In addition to the requirements of this Ordinance, plumbing, materials, design and construction requirements contained in the Minnesota State Building Code shall govern and apply with respect to all building sewers, sewage tanks, and other parts of ISTS to the extent applicable which are constructed within its jurisdiction. The Administrator shall prepare and have available a list of requirements proposed by the State Building Code with respect to ISTS within this jurisdiction. Section 5.3. Two Sites Required. At the time of subdivision of real property for the creation of multiple lots or the development of real property, the developer shall identify two (2) sites, each site not less than five thousand (5,000 sf) square feet in size, for the location of an ISTS that shall meet the requirements of this Ordinance. At the time the Property Owner develops the lot, or in the case of demolition, redevelops the lot, the Property Owner shall identify two (2) sites, each five thousand (5,000 sf) square feet in size for the requirements of this Ordinance with said sites to be located and identified on a scale map of the lot. These do not have to be the same two (2) sites identified by the developer. Page 5 of 12 Section 5.4. Protection Of ISTS Site(s). All sites of actual or proposed ISTS, including redundant sites, shall be permanently marked or identified and protected from all future encroachment by any improvements, construction, or other activities which may result in compaction or disturbance of soil on the sites, other than that caused by the installation of an ISTS. Section 5.5. ISTS Set Backs On Site. All proposed sites for new or replacement ISTS must be at located on the property as follows: Section 5.5.1 No ISTS may be installed within the areas of lot set back or within the area of any easement in any district; Section 5.5.2 All ISTS must be installed with isolation distances from a water -supply well, including those on adjacent properties, as defined in Minnesota Rules, Chapter 4725 and Minnesota Statutes, Chapter 1031 currently in force and as amended from time to time; Section 5.5.3 The minimum set -back for on -site individual sewage treatment system (ISTS) is two -hundred (200') feet from the Shoreline in accordance with Gem Lake Ordinance No. 43F, Section 11.6(1) f) currently in force and as amended from time to time; Section 5.5.4 The placing of ISTS on any real property in the City of Gem Lake shall be subject to the conditions set forth in this ordinance, Ordinance No. 43F and the Gem Lake Watershed Management Plan currently in force and as amended from time to time, the rules of all Watershed Management Organizations in effect at the time of design and installation, and any State of Minnesota rules that may apply. a) In the event that one or more of the aforementioned rules governing the design, placement and installation of ISTS are in conflict, the stricter of the rules shall apply. SECTION 6. Seepage Pits. Section 6.1. Seepage Pits As Systems. Notwithstanding any other requirements of this Ordinance to the contrary, seepage pit systems shall not be considered "failing" provided such systems meet all other conditions and requirements in this Ordinance and the Septage Inspector receives, within the applicable time periods established in subsections 6.1.1 and 6.1.2 below, sufficient and credible evidence (which evidence, at a minimum shall include a physical evaluation and demonstration, by a Person with a Designer I license or similar qualifications that the seepage pit system complies with the separation standards established in subsections 6.1.1 and 6.1.2 below, and which may include the use of soil borings or peizometers, all as reasonably required by the Septage Inspector on a case -by -case basis, but which in no event shall include chemical or biological characterization of the shallow groundwater) to the satisfaction of the City that such system meets the minimum separation standards specified below. Section 6.1.1. Minimum Separation In Shorelands. Within the three (3) year period ending 31 December 2000, seepage pits systems may be maintained within areas deemed wholly or partially "Shoreland" area (as defined herein or by the State of Minnesota), provided the Septage Inspector receives evidence that there is at least three (3') feet of soil or sand between the bottom of each seepage pit in the system measured at it's lowest point, and the seasonally high water table or saturated soil; or Section 6.1.2. Minimum Separation In Non-Shorelands. Withinthe five (5)yearperiod ending 31 December 2002 seepage pit systems may be maintained within areas deemed wholly "Non-Shoreland" area" (as defined herein or by the State of Minnesota), provided the Septage Inspector receives evidence thatthere is at leasttwo (2') feet of soil or sand between the bottom of each seepage pit in the system measured at it's lowest point, and the seasonally high water table or saturated soil. Section 6.2. Increased Demand. All seepage pit systems shall be considered failing regardless of whether such system meets the applicable minimum separation standards specified in Sections 6.1.1 or 6.1.2 upon any increase in use of such system due to the addition of a bathroom, bedroom, pool, or other improvement to the dwelling located upon the real property upon which a seepage system is located which may reasonably be deemed to result in an increase in the use of such system. Section 6.3. Seepage Pit System Inspection Fees. All costs incurred by the City to inspect seepage pit systems and reviewevidence of compliance with the minimum separation standards specified herein, including Septage Inspector fees and costs to retain experts deemed necessary by the City to assist the Septage Inspector with any such review shall be paid by the Property Owner of the real property upon which the seepage pit system is located. All or any portion of such costs may be required to be paid upon application by such Property Owner to the City for inspection by the Septage Inspector of a seepage pit system and review of evidence of compliance with minimum separation standards relating thereto and any amount incurred by the City beyond the amount paid upon application shall be paid by such Property Owner upon receipt of a bill from the City. Section 6.4. Compliance Certificate. The Septage Inspector shall provide a certificate or other written evidence that a seepage pit system complies with the minimum separation standards within thirty (30) days after receipt of evidence deemed by the Septage Inspector to demonstrate compliance as required herein. Page 6 of 12 Section 6.5. M aximum Term Of Acceptability. Upon expiration of the applicable three (3) or five (5) year period specified in Section 6.1.1 and 6.1.2 above, continued compliance with the applicable minimum separation standards specified herein shall be provided by the Property Owner of any seepage pit system as determined reasonable by } the Septage Inspector and all seepage pit systems shall be deemed "failing" and shall be replaced within the fifteen (15) year period ending 31 December 2012. SECTION 7. Inspection and Monitoring. Section 7.1. Initial Inspection. The Septage Inspector shall make at least one inspection and such additional inspections as are necessary to determine whether an installation or renovation of an ISTS for which a permit is required pursuant hereto is being accomplished in compliance with this Ordinance and the applicable permit. No part of such an IST S shall be covered until it has been inspected and finally approved by the Septage Inspector. All inspections shall be performed promptly and final inspection shall be performed within five (5) days after the Septage Inspector or Administrator is notified that the installation or renovation work has been completed and is ready for inspection. Section 7.2. Certificate of Approval: New or Renovated Systems. No ISTS, for which a system permit is required pursuanthereto, shall be placed or replaced in operation until the Septage Inspector has issued a certificate of approval governing the subject installation or renovation. Where, upon inspection, the Septage Inspector discovers that an ISTS has not been installed or renovated in compliance with the provisions contained in this Ordinance or the applicable permit, the Septage Inspector shall give the Applicant written notification describing the noncompliance. The Applicant shall be responsible forcorrecting and eliminating all defects and noncompliance prior to the date scheduled for reinspection. Section 7.3. Inspections On Complaint. It shall be the duty of the Property Owner of the real property upon which an ISTS exists to give the Septage Inspector free access to the premises at reasonable times for the purpose of system inspection. The Septage Inspector shall inspect any ISTS concerning which a written complaint, signed by two (2) or more residents of the City of Gem Lake, is received by the City. The Septage Inspector may inspect any system he deems necessary as a result of a written complaint. Such inspections shall be performed within thirty (30) days following receipt of the complaint or report and shall be conducted between eight o'clock a.m. and six o'clock p.m., unless otherwise agreed to by both parties. Section 7.3.1. Cost Of Inspections On Complaint. The cost of Inspection On Complaint of any ISTS in the _ City shall, in the event a defective system is determined, be the sole responsibility of the Property Owner with said fees as established by the City of Gem Lake Council and from time to time amended by resolution. In the event the complaint cannot be verified and the system is found to be in good working condition in accordance with the requirements of this Ordinance, the City shall assume responsibility for the costs of inspection. An invoice for fees associated with valid Inspections On Complaint will be provided at the time of inspection by the Septage Inspector. Any fees for Inspection On Complaint which remain unpaid for more than sixty (60) days by the Property Owner to the City may, along with related administrative fees, be certified to Ramsey County for assessment against the real property upon which the ISTS is located. Section 7.4. Bi-Annual Required Inspections. The Septage Inspector shall inspect all ISTS in the City on or before the first day of September (September 1 ") in each even numbered (1998, 2000, 2002, etc) year to insure that each I STS in the City is in good operating condition and in compliance with the operating requirements of this Ordinance. Section 7.4.1. Cost Of Bi-Annual Inspection. The cost of Bi-Annual Inspection of ISTS in the City shall be the sole responsibility of the Property Owner and shall be as established by the City of Gem Lake Council and from time to time amended by resolution. An invoice for fees associated with Bi-Annual Inspections will be provided at the time of inspection by the Septage Inspector. Any fees for Bi-Annual Inspection which remain unpaid for more than sixty (60) days by the Property Owner to the City may, along with related administrative fees, be certified to Ramsey County for assessment against the real property upon which the ISTS is located. Section 7.4.2. Inspection Reports. At the time of inspection, the Septage Inspector will provide a signed inspection report to the property owner. A copy of the inspection report will also be filed with the City Clerk for permanent attachment to the property record. Section 7.5. Systems Inventory. The Administrator shall create, update and maintain an accurate inventory of all ISTS for which permits have been issued or inspections made within the City of Gem Lake. Information shall include but shall not be limited to design, location, system description, renovation description, and reports received pursuant to Section 7.3 and 7.5.2. Page 7 of 12 SECTION 8. Operation, Maintenance and Repair. Section 8.1. Unlawful Conditions. It shall be unlawful for the Property Owner of any real property using an ISTS in the City to use or allow the use of a system that allows inadequately treated sewage or septage to seep or flow to the surface of the ground or into surface or ground waters, or that allows an overflow from any of its components or that continuously emits noxious odors, under normal conditions, from the system. Section 8.2 Types Of Wastes Prohibited Section 8.2.1 Except as herein provided, it shall be unlawful to discharge any of the following described materials into the Municipal Sanitary Sewer System. a) Any water or waste containing more than 100 parts per million of weight of fat, oil or grease. b) Any gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas. c) Any ashes, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, plastic, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage system. d) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process or which constitutes a hazard to humans or animals or creates any hazard in the receiving water of the sewage treatment plant. e) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. g) Any noxious or malodorous gas or substance capable of creating a public nuisance. h) A grease, oil and sand interceptor shall be provided when, in the opinion of the City Engineer, that it is necessary for the proper handling of liquid wastes containing grease in excessive amount, or any inflammable wastes, sand, or other harmful ingredients; exceptthat such interceptors shall not be required for residential dwelling units which discharge only normal wastes therefrom. Such grease and oil interceptors shall be of substantial construction, water -tight and equipped with easily removable covers which when bolted in place, shall be gas -tight and water -tight. All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. i) Any materials classified as industrial wastes or household hazardous wastes Section 8.3. Maintenance. It shall be the responsibility of all Property Owners using an ISTS in the City to provide for the periodic maintenance of such system by a qualified Pumper. If, at any time, any sludge has reached a point twelve (12") inches or less below the bottom of the outlet baffle or the scum has reached a point three (3") or less above the bottom of the outlet baffle, the owner of such system shall arrange for pumping and cleaning of the system within fourteen (14) days after such finding. Section 8.4. Owner Correction Of Ineffective Systems. When the Septage Inspector, based upon inspection, determines that an ISTS is not operating in a lawful manner and is in need of correction, the Septage Inspector shall notify the Property Owner in writing of the conditions that are unlawful, what Remedial Action is required, and that Remedial Action to correct said condition shall be completed within six (6) months of the date of notification. Section 8.4.1 Dangerous Systems. If the Septage Inspector determines that continued operation of the ISTS is or may be immediately dangerous to the public health, the Septage Inspector shall issue an order that operation of the system shall be immediately discontinued until Remedial Action defined in the order has been taken and that said Remedial Action shall be completed within a time period to be determined by the Septage Inspector. Section 8.4.2. Reinspection Of Ineffective Systems. The Septage Inspector shall schedule and perform a reinspection of the all unlawful ISTS within thirty (30) days following the notification of unlawful operation to determine if the condition persists and again at the end of the time prescribed for Remedial Action to determine if the Property Owner has corrected the unlawful conditions. Section 8.5. City Correction Of Ineffective Systems. If the Property Owner of the real property upon which an unlawful ISTS has been identified fails to take Remedial Action regarding the ineffective system in accordance with instructions and time lines identified in Section 8.3 of this Ordinance, the City shall immediately order required Remedial Action by a licensed Contractor and shall bill the Property Owner of the real property for the actual costs of the Remedial Action plus an administrative fee of One -Hundred ($100.00) Dollars. Section 8.5.1. Assessment Of Unpaid Obligations. On or before the first day of September (September I") of each year the City Clerk shall list the total unpaid charges for each Remedial Action taken against each separate lot or parcel to which they are attributable under this Ordinance. The City Council may then charge all or anyportion of such charges plus an additional administrative fee ofFifty ($50.00) Dollars against the real property involved as a special assessment under applicable Minnesota Statutes for certification to the County Auditor for collection in the following year with that year's current taxes payable. Page 8 of 12 SECTION 9. Qualification. Section 9.1. Licensed Contractors. No Person shall engage in the business of performing for others the service of soil and percolation testing and site evaluation, or the installing, alteration, renovating, repairing, maintenance, or 1 pumping and cleaning of an ISTS within the City of Gem Lake unless such Person shall have the requisite training and experience to perform such work in a competent, safe and reliable manner, including but not limited to, an MPCA license to perform such work. If the Administrator determines that any Person designated to perform permit activities in an Application filed pursuant to Section 4.3. of this Ordinance does not have the requisite qualifications to perform such work, the Administrator shall deny the application, subject to the right of the Applicant to appeal such finding pursuant to Section 10.3. Section 9.2. Revocation Of Contractors Right To Perform Work. The City of Gem Lake Council shall have the right at any time to revoke for cause the right of any Person to perform work for others with respect to an ISTS, whether or not an Application for such or similar work has been previously approved by the Administrator or the City Council. Cause for revocation shall include, but not be limited to, any practice or installation which is in violation of any provision of this Ordinance or of any permit issued pursuant hereto and refusal on the part of such Person to correct defective work on an ISTS installed or renovated by such Person in the City of Gem Lake. Before revocation, the City of Gem Lake Council shall notify such Person of the proposed action and the basis therefore and shall state that a hearing shall be held if requested by such Person within seven (7) days from receipt of such notice. Section 9.3. Contractors Records. Persons qualified to perform the services described in Section 9.1. shall maintain soil test data, system plans, and other records and information as maybe required by the Administrator for the purpose of determining compliance with this Ordinance. Records relating to any system installation or renovation shall be retained for a period of three (3) years following completion of that activity and copies of the same shall be transmitted to the City of Gem Lake. Persons shall make available all such information, files, and records, and other information required to be maintained to the Administrator at any time on the transmission of a reasonable request relating thereto. SECTION 10. Administration And Appeal. Section 10.1. Administrator. The City Council shall appoint an Administratorto administer the provisions of this Ordinance. In addition to the duties set forth herein, the Administrator shall maintain adequate files and records relating to all permits issued, inspections made, work approved, and other official actions. Section 10.2. Powers. The Administrator shall have all powers necessary to administer and enforce the provisions of this Ordinance. In addition to the other powers set forth herein, and without limitation, the Administrator shall be empowered to do the following: Section 10.2.1. Prepare reports and recommendations regarding any additional sanitary measures which he deems necessary to effect the purpose of this Ordinance. Section 10.2.2. Obtain assistance and cooperation from agency and commission personnel and other state and local health, legal and police officials in the administration and enforcement of this Ordinance. Section 10.2.3. Cooperate with local and state personnel in the enforcement of this Ordinance and state regulations, rules and requirements relating to sewage treatment and disposal. Section 10.2.4. Upon approval of the City of Gem Lake Council, arrange for prosecution for violations of, or for other enforcement of, any and all rules, orders, permits, and other requirements established herein or issued pursuant to this Ordinance. Section 10.2.5. Appoint and authorize an agent to act on the Administrator's behalf. Section 10.3. Appeal. Any Person aggrieved by the issuance or denial of any permit, order, interpretation, or other official action made pursuant to the provisions of this Ordinance may appeal the same to the City of Gem Lake Council within thirty (30) days following the date of the issuance, denial, or order. On appeal, the City of Gem Lake Council shall conduct a public hearing at which all interested parties shall be given an opportunity to represent relevant information and to examine personnel of the City of Gem Lake or their agents in order to determine the basis for any action taken. Notice of said hearing, unless otherwise provided herein, shall be submitted to the affected Property Owner and other interested Persons at least fifteen (15) days in advance of said hearing. At the conclusion of said hearing, the City of Gem Lake Council shall, as appropriate, make a determination respecting the appeal and prepare written findings of fact and recommendations in respect thereto. Section 10.4. Variance. On appeal, the City of Gem Lake Council may rescind or modify the issuance or denial of any permit and any order issued pursuant hereto or other action undertaken pursuant to the provisions of this Ordinance provided that the action ofthe City of Gem Lake Council is consistent with this Ordinance and supported by the weight of the evidence. Page 9 of 12 J Section 10.5. Right of Entry. The Property Owner of the real property where an ISTS is located shall allow the Septage Inspector or Administrator to enter upon the real property to inspect the location and/or ISTS and to undertake such tests and measurements as may be necessary to fulfill the obligations and requirements contained herein, provided that notice of such inspection and time thereof has been communicated by the Septage Inspector or Administrator and received at least forty-eight (48) hours in advance. Unless otherwise expressly authorized by the Property Owner, inspections and other entries onto private property shall occur between eight o'clock a.m. and six o'clock p.m. only. SECTION 11. Violation, Enforcement And Penalties. Section 11.1. Violations. Any Person who commits any of the following acts or violates any of the provisions of this Ordinancewhich prescribe that certain action isunlawful shallbe guilty ofa misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed One -Hundred ($100.00) Dollars for each violation. Each day that unlawful activity continues shall constitute a separate violation: Section 11.1.1. Disposes of sewage or installs or renovates an ISTS without first having received a permit as provided herein. Section 11.1.2. Installs or renovates an ISTS or discharges sewage in a manner which involves the knowing and material variation from the terms and specifications contained in the Application or permit. Section 11.1.3. Violates the terms of an order issued pursuant to the provisions contained herein. Section 11.1.4. Willfully fails to conduct the testing or cleaning obligations established pursuant thereto or unlawfully refuses a right of entry to the Septage Inspector or Administrator when requisite notice has been provided. Section 11.1.5. Willfully violates any of the provisions of this ordinance. Section 11.2. Revocation Of Permit. The Administrator may by written order suspend or revoke any disposal or system permit when the Administrator has information indicating that the permit has been issued in error or on the basis of incorrect or inadequate information or thatwork is not being performed in compliance with this Ordinance or the provisions of any permit issued pursuant hereto. Section 11.3. Cease and Desist Order. The Administrator may issue an order to the Property Owner or occupant of any real property utilizing an ISTS to cease and desist the use of any system which is operating in a manner creating substantial hazard to the public health, safety, or welfare or which has not been renovated in accordance with the provisions of any order issued pursuant to Section 8.3. herein. A noticed public hearing shall be held within thirty (30) days following the issuance of such an order to determine whetherthe order should be continued in force and effect. Section 11.4. Assessment Against Property. In accordance with State of Minnesota statutes, the City ofGem Lake Council may cause to be assessed against the real property on which an ISTS is located the cost of proper closure, restoration, and cleanup of pollution occurring as a result of a system failure. Upon certification by the Administrator of the cost incurred plus administrative fees identified herein, the cleanup assessment shall be levied against the Property Owner of the real property upon which the system is located. SECTION 12. General Provisions. Section 12.1. ISTS Owner Responsibility And Liability. This Ordinance shall not relieve or lessen the responsibility or liability ofany Person owning, operating, controlling or installing any ISTS or disposing of septage for damage to Persons or real property or any other injury occasioned thereby. The City of Gem Lake assumes no responsibility for the proper, safe, and efficient functioning and performance of any ISTS installed, altered, renovated, or maintained pursuant to the requirements contained herein. Section 12.2. Separability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provision or the application thereof to any Person or circumstances is held to be illegal or invalid, such invalidity or illegality shall not affect other provisions of this Ordinance or the application of said provisions to any other real property, building, or structure not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 12.3. Repeal. All other ordinances or parts of ordinances of the City of Gem Lake, inconsistent or conflicting with this ordinance, to the extent of the inconsistency only, and including Ordinance Nos. 46 and 61 are hereby repealed. Section 12.4. Abrogation and Greater Restriction. It is not intended by this Ordinance to appeal, abrogate, annul, impair or interfere with any existing easements, covenants, deeds, restrictions, agreements, ordinances, rules, regulations, permits previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. Page 10 of 12 SECTION 13. Ordinance History. _ Section 13.1. Ordinance No. 46. Section 13.1.1 Original Enactment. Ordinance No. 46 was originally enacted and placed in effect on 15 1 August 1983 by action of the City of Gem Lake Council. Section 13.1.2 Amendment and Restatement. Ordinance No. 46 was amended and restated as part of Ordinance No. 55 enacted and placed in effect on 18 June 1990 by action of the City of Gem Lake Council. Section 13.3.3 Repealed. Ordinance No. 46 is hereby repealed and it's purpose and intent replaced with Ordinance No. 67 enacted on 29 December 1997 and placed in effect on 31 December 1997 by action of the City of Gem Lake Council.. Section 13.2. Ordinance No. 61. Section 13.2.1 Original Enactment. Ordinance No. 61 was originally enacted on 15 June 1992 and placed into effect on 01 July 1992 by action of the City of Gem Lake Council. Section 13.2.2 Repealed. Ordinance No. 61 is hereby repealed and it's purpose and intent replaced with Ordinance No. 67 enacted on 29 December 1997 and placed in effect on 31 December 1997 by action of the City of Gem Lake Council. Section 13.3. Ordinance No. 67. Section 13.3.1. Enactment And Effective Date. This Ordinance No. 67 was adopted by the City of Gem Lake Council on this 291h day of Dcccinhcr in the year 19 97 and ordered by the City of Gem Lake Council to be placed in full force and effect on the 31` day of December in the year 19 97 . Section 13.4. Ordinance No. 67B. Section 13.3.1. Enactment And Effective Date. This Ordinance No. 67B was adopted by the City of Gem Lake Council on this 10 day of July in the year 2004 and ordered by the City of Gem Lake Council to be placed in full force and effect on the 28`h day of July in the year 2004 ATTEST: ATTEST: Paul R. Emeott, Mayor Frederic C. Magnuson, City Clerk Dated: 14 July 2004 Dated: 14 July 2004 efile: OrdNo67/OrdNo67B.wpd r� Certified Copy Page 11 of 12 'i CITY OF GEM LAKE ORDINANCE NO. 67 LEGEND The Individual Sewage Treatment System Ordinance of the City of Gem Lake was originally enacted by the City Council as City of Gem Lake Ordinance No. 46 on 15 August 1983. It was restated as part of Ordinance No. 55 on 18 June 1990. Ordinance No. 46 was repealed on 31 December 1997 and it's purpose and intent were transferred to and updated in Ordinance No. 67. Similarly, An Ordinance Defining Bi-Annual Inspection And Maintenance Routines For On -Site Sewage Disposal Systems Located In The City Of Gem Lake, Ramsey County, Minnesota was originally enacted by the City Council as City of Gem Lake Ordinance No. 61 on 15 June 1992 and placed in full force and effect on 01 July 1992. Ordinance No. 61 was repealed on 31 December 1997 and it's purpose and intent were transferred to and updated in Ordinance No. 67. On 06 April 2004, City Clerk Magnuson finding inconsistencies in formatting of paragraph numbers in Sections 12 and 13, corrected numbering only. City Clerk Magnuson also removed letter codification from Section 2.3 Definitions to allow greater ease of amendment as necessary by adding new definitions in alphabetical order. City Clerk Magnuson also closed paragraph spacing to reduce the document by two (2) pages. No text or content were altered in any way. 67 An Ordinance Repealing Ordinance Nos. 46 And 61 And Regulating Septage Disposal, The 12/31/1997 Design, Location, Installation, Renovation, Operation, Maintenance And Inspection Of Individual Sewage Treatment Systems. 67B An Ordinance Amending Ordinance No. 67 By Adding And Amending Definitions, Design 07 / 14 / 2004 And Location Criteria, Setback Requirements, and Replacement Requirements For Seepage Systems. Page 12 of 12 I . -m..1Jk 1-11 Telephone: ( 651) 426 - 6443 Mobile: ( 612) 812 — 6139 40�� CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East Gem Lake, MN 55110-5231 pW1AL w PUBLIC NOTICE NO.2004-22 DATE: 22 July 2004 FROM: Fritz Magnuson, City Clerk TO: Press Publications, Legal Publications @ le als ,sherbtel_net RE: Legal Notice To Be Published To Whom It May Concern, Facsimile: (651) 426 — 6444 Email: GemLakeCity@aol.com .QAa;1.10 6"iw, 7W- The following Legal (Public) Notice is to be published in the Legal Notices Section of the 28 July 2004 edition of the White Bear Press. Please confirm receipt and verify content is in acceptable form for use. City of Gem Lake Public Notice No. 2004-22 ORDINANCE NO. 67B On 14 July 2004, the Gem Lake City Council unanimously adopted Ordinance No. 67B, An Ordinance Amending Ordinance No. 67 By Adding And Amending Definitions, Design And Location Criteria, And Set Back Requirements For Seepage Systems And Incorporating Said Additions And Amendments Into Ordinance No. 67B. This Ordinance No. 67B shall be placed in full force and effect upon publication of this summary in the Legal Notices Section of the White Bear Press, the City's Official Publication. Anyone wishing to receive a copy of the full text of die ordinance may do so by sending a written request specifying paper (printed) or electronic (Adobe) version accompanied by a 9" x 13" envelope and payment of S10.65 for the ordinance plus $1.48 postage to the City Clerk as follows: Office of the City Clerk CITY OF GEM LAKE 1369 East County Road "E" Gem Lake, MN 55110 Ss//Frederic C. Magnuson, City Clerk Claitr_a For Payment CITY OF GEM LAKE Period Ending 07/15/2004 Paul Emeott, Mayor Chuck Watson, Council Roland Birkebak, Council Richard Bosak, Council Patrick Igo, Council Frederic Magnuson, Clerk Sigmtom Approving Claims For Payment Date Of Approval / DA I F: / DATE / DATE ------ DATE DATE 7 r// "14 DATE PAID I PAID TO DESCRIPTION OF CLAIM S AMOUNT GENERAL FUND SP GP GP 2043- _ 14-Jul 64501 _24-Jun 6450 24-Jun Metropolitan Council MOLLY BONIN Molly Bonin Current User Charges: August 2004 TOTAL CLAIM ElectionJudgeTrain: 06/16/04-5.25 hours@$13 857.60 126.75 68.25 - GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP -GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP GP _ 6450 24-Jun_ Molly Bonin 6451 24-Jun_ Dale Eklin 6452 14-Jul CITY OF WHITE BEAR LAKE 6452 14-Jul City of White Bear Lake 6452 14--Jul City of White Bear Lake 6453 14-Jul RAMSEY COUNTY 6453 14--Jul Ramsey County 6453 1_4-Jul Ramsey County 6454 14-Jul INTERNAL REVENUE SERVICE 6454 14-Jul Internal Revenue Service 6454 14-Jul Internal Revenue Service 6454 14-Jul Internal Revenue Service 6454 14_-Jul Internal Revenue Service 6455 14-Jul MINNESOTA STATE TREASURER 6455 14_-Jul Minnesota State Treasurer 6455 14-Jul Minnesota State Treasurer _ 6455 14-Jul Minnesota State Treasurer 6455 14-Jul Minnesota State Treasurer 6456 14•Jul E-Z Rec cliun , Inc. 6457 14-Jul j PRESS PUBLICAT_ION_S 6457 14-Jul Press Publications 6457 14-Jul _ Press Publications 6458 14-Jul Xcel Energy 6459 14-Jul League of Minnesota Cities Insurance Trust 6460 14_-Jul MESLOW & OLSON, PLLC 6460 14-Jul Meslow & Olson, PLLC 6460' 14-Jul Meslow & Olson, PLLC 6461 : 14_-Jul Allen O. Zepper 64621 14_-Jul Leonard, O'Brien, Spencer, Gale & Sayre 6463 14-_Jul Dale Eklin 6464 14-Jul Gopher State One -Call 6465 14-Jul PAUL R. EMEOTT 6465 14-Jul Paul R. Emeott _ _ _ 6465 14-Jul Paul R. Emeott 6466 14_-Jul SEH. INC. 6466 14-Jul SEH, Inc. 6466 14-Jul SEH, Inc. 6467 14-Jul MAGNUSON & ASSOCIATES, LLC 6467 14-Jul Magnuson & Associates. LLC _ 6467 14-Jul Magnuson & Associates. LLC 6467: 14_-Jul Magnuson & Associates. LLC 6467:' 14-Jul Magnuson & Associates. LLC 6467 14_-Jul Magnuson & Associates. LLC 6467 14-Jul Magnuson & Associates. LLC 6467 14-Jul Magnuson & Associates. LLC 6467 14-Jul Magnuson & Associates. LLC 6467 14-Jul Magnuson & Associates. LLC 6467 14-Jul Magnuson & Associates. LLC 6467 14-Jul Magnuson & Associates. LLC ElectionJudgeTrain: 06/23/04-4.50 hours $13 35 Septic Inspections $25/each TOTAL CLAIM _ Fire & Paramedic: June 2004 Fire Marshall & Inspections: June 2004 TOTAL CLAIM _ 2004 Voting System Fees Law Enforcement: July 2004 2ND QTR 2004 WITHHOLDING 2nd Qtr 2004: Employee SS Payment 2nd Qtr 2004: City SS Payment 2nd Qtr 2004: Employee Medicare Payment 2nd Qtr 2004: City Medicare Payment TOTAL CLAIM 2nd QV 2004: Building Permits 2nd Qtr 2004: Plumbing Permits - 2nd Qtr 2004: Mechanical Permits 2nd Qtr 2004: Permit Retention Curbside Recycling: July 2004 TOTAL CLAIM LegTrans#297584: Change In Meeting Le Trans#27591: Notice of Public Hearing Street Lighting: June 2004 Workers Compensation Insurance 5/l/04 to l/l/05 TOTAL CLAIM Thury: Ltr To Deputy Erickson/Tel Conf _ Wanda Laplante: Court Appearance _ Plan Check for #B2004-14 Hillary Farm Development 100 Se tic Ins ections @ $25/each _ 11Re ularTickets $1.15/ticket(+voiceonly@$2.25/ TOTAL CLAIM _ _ intergov Mlg: VLAWMO _ _ Intergov Mtg-. Eng Mry PIP200401 TOTALCLAIM 1City EngineeringServices:Hillar Farm PIP2004-01:Dcsign Services, SchRdSewer TOTAL CLAIM _ Telephonc&FacsimileService: May/Jun-2004 OfticeSupplies,Copying&Postage: May/Jun-2004 _ Mileage:Jun/Jul-2004(32 S0.375) _ IntcrnetAccess-(50%):May/Jun-2003 L.apTopCorn titer-50%Monthly($550 Bal) AssistanlC1erk,JuWJul-2004: 09.00 hours ZoningAdmin, Jun/Jul-2004: 01.25 hours ZoningAdminBillabWuWJul-2004: 00.25 hours Gene_ndAdmin, Jun/Jul-2004: 19.50 hours GeneralAdminBillob1c Jun/Jul-2004: 03.25 hours SewerAdminFM, Jun/Jul-2004: 00.75 hours 58.50 875.00 875.00 _ 1,101.41 _ 5,172.24 853.83 247.58 _ _ _ 127.05 5,045.19 413.12 167.40 167.40 39.16 _ _ 270.40 39.16 293.90 _ 1.00 0.50 _ .OD 281.30 281.30 142.80 23.80 119.00 _ 63.73 146.00 63.73 146.00 129.00 49.00 241.24 80.00 _ 241.24 625.00 625.00 _ 2,500.00 37.40 2,500.00 37.40 40.00 _ 27,134.74 20.00 20.00 1,444.00 3,112.40 25,690.74 121.70 233.001 12.00 11.95 50.00 450.00 93.75 18.75 _ 1,462.50 243.75 56.25 SEWER 857.60 Run Date & Time: 07/15/2004 at 01:34:44 PM File: 04claim07.123 Clam;, For Payment CITY OF GEM LAKE Period Ending 07/15/2004 Paul Emeott, Mayor Chuck Watson, Council Roland Birkebak, Council Richard Bosak, Council Patrick Igo, Council Frederic Magnuson, Clerk Approving Claims For Pavmcnt Date Of Approval —Signatures DATE DATE DATE DATE DATE DATE GENERAL SEWER CLAIM# DATE PAID PAID TO DESCRIPTION OF CLAIM $ AMOUNT FUND FUND GP 64671 14-Jul Magnuson & Associates. LLC SewerAdminSC, Jun/Ju1-2004: 02.00 hours 100.00 GP 6467 14-Jul Magnuson & Associates. LLC ChielElectionJudge:lun/Jul-2004: 04.50 hours 202.50 GP 6467 ' 14-Jul Magnuson & Associates. LLC CodeEnforcement:Jun/Jul-2004: 00.75 hours 56.25 1 07/ 19/2004 1 JULY SUMMARY I TOTAL FOR JULY $43,270.13 $42,412,53 $857.60 ALL 8.33% Of Budget Monthly % Annual Budget 15.53% 15.22% 0.31% 07/19/2004 1 YEAR-TO-DATE SUMMARY TOTAL YEAR-TO-DATE $210,864.13 $169,674.72 $41,189.41 ALL 58.33% Of Year Completed % Annual Budget 75.67% 74.19% 82.46% I ALL 07/19/20041 VERSUS ANNUAL BUDGET Annual Budget $Under/($Over) ($48,318.29) ($36,266.38) ($12,051.91) 58.33% Of Year Completed Annual B_ ud t °/aUnder/-%Over _-17.34% -15.86% I-24.13% Run Date & Time: 07/15/2004 at 01:34:44 PM File: 04claim07.123 GENERAL FUND CHECKING 2004 CITY OF GEM LAKE TREASURERS REPORT w V OF GEM LAKE GENERAL C 75375.60 8109039, . 1369 County Road "E" East FUND R 01/01/2004 START 79047.60 -128364.93 124692.93 -3672.00 Gem lake, MN 55110-5231 CHECKING K I 82,521.44 BANK 76477.01 TRAM DATE TRAN # CHECKS TO DEPOSITS FROM PAYMENT FOR N DEBIT CREDIT BALANCE BALANCE 21-Jun-04 6430 CITY OF WHITE BEAR LAKE TOTAL CLAIM 6 1,101.41 26,066.70 26,165.29 21-Jun-04 rP6431 Rick Johnson Removal ofDead Deer: May 2004 100.0025,966.70 26,165.29 21-Jun-04 6432 Xcel Energy Street Lighting: May 2004 6 (60.90 25,905.80 26,104.39 21-Jun-04 P6433 I E-Z Recyclin& Inc. Curbside Recycling: June 2004 6 281.30 25,624.50 25 823.09 21-Jun-04 jP64341 PRESS PUBLICATIONS TOTAL CLAIM 6 268.35 25,356.15 25,554.74 21-Jun-04 P6435 I Meslow & Olson, PLLC Review Reports Re: Thury (.25X$98/hr) 6 24.50 25,331.65 25 530.24 21-Jun-04 jP64361 PAUL R. EMEOTT TOTAL CLAIM 6 694.25 24,637.40 24,835.99 21-Jun-04 3P64371 Richard Bosak 2nd '04 Sal $200.00-12.40ss-2.90mm) 184.70 24,452.70 24 835.99 2I-Jun-04 P6438 I Patrick IV 2nd '04 S ($200.00-12.40ss-2.90mm) 6 184.70 24,268.00 24,65129 21-Jun-04 3P64391 ROLAND BIRKEBAK TOTAL CLAIM 6 204.70 24,063.30 24.446.59 21-Jun-04 3P6440 Chuck Watson 2nd '04 Sal ($200.00-12.40ss-2.90mm) 184.70 23,878.60 24,446.59 21-Jun-04 P6441 Sarah Cobian 2nd '04 Sal $650.00-40.30ss-9.43mm) 6 600.27 23,278.33 23,846.32 21-Jun-04 3P6442 Fritz Magnuson 2nd Qtr'04 Sal ($750.0046.50ss-10.88mm) 6 (692.62 22,585.71 23,153.70 21-Jun-04 3P6443 Gopher State One-M 16Eickeb@Sa 1.15hicket(+voiceonl 6 (54.40 27,531.31 23,099.30 21-Jun-04 jP6444 Ramsey County Law Enforcement: June 2004 (5,045.19 17,486.12 23,099.30 21-Jun-04 IP64451 LEANARD,OBRIEN,SPENCER,G TOTAL CLAIM 6 302.50 13,993.62 19,536.80 21-Jun-04 !P64461 ALLEN O. ZEPPER TOTAL CLAIM (431.25 13,492.37 19,536.80 21-Jun-04 64471 SE H Inc. City Engineering ServicesMillary Farm 6 1,947.00 11,545.37 17,589.80 21-Jun-04 64481 MAGNUSON & ASSOCIATES, LLC TOTAL CLAIM 6 4,353.46 7,191.91 131236.34 21-Jun-04 3P64491 James Lindner Planning & Land Use Seminar Reimbursement 6 (125,00 7,066.91 13,111.34 21-Jun-04 1 Premier Bank Wire Transfer Fee 6 (12.00 7,054.91 13 099.34 24-Jun-04 3P6450 MOLLY BONIN TOTAL PAYMENT 6 (126.75 6,928.16 12 972.59 24-Jun-04 3P6451 Dale Eklin 35 inspections @ $25/each 6 (875.001 6,053.16 12,097.59 04-Jul-04 1 Mark Schwab DocSls:OrdNo43,ZoningMap Mint 6 26.25 6,079.41 12 123.84 04-Jul-04 2 Williams Painting Building Permit #B2004-1 1 6 127.50 6,206.91 12 51.34 04-Jul-04 3 Hill Farm A : Subdivision RehnbwsemW 6 950.00 7,156.91 13,201.34 11-Jul-04 4 HillaryFarm A D: Subdivision Expense Reimbursement 6 1,200.00 8,356.91 14,401.34 .4-Jul-04 5 Hill Farm Application for Subdivision (Plan B-2) 6 400.00 8,756.91 14 801.34 04-Jul-04 6 St Marie Sheet Metal Mechanical Permit #M2004-02 6 160.50 8,917.41 14,961.84 11-Jul-04 I State of Minnesota Traffic Fines: May 2004 6 125.00 9,042.41 15,086.84 11-Jul-04 2 F.C. Magnuson BuildingPermit #B2004-12 6 188.35 9,230.76 15,275.19 11-Jul-04 3 H.P. Pipeworks Plumbing Permit #P2004-03 6 50.50 9,281.26 15 325.69 17-Jul-04 I ODonnell Homes Building Permit #B2004-13 6 1 260.85 9.542.11 15,586.54 17-Jul-04 2 Tousley Ford Sign Permit #S2004-03 6 50.00 9,592.11 15,636.54 24-Jul-04 1 CITY OF GEM LAKE - SEWER FUND TOTAL PAYMENT 6 1,485.65 11,077.76 17,122.19 30-Jul-04 1 Hillary Farm Building Permit #B2004-14 6 834.00 11 911.76 17,956.19 30-Jul-04 2 Hillary Farm Reimbursement for June Billing 6 20,531.60 32,443.36 38,487.79 21-Jun-04 1 RAMSEY COUNTY ire Transfer) TOTAL PAYMENT 6 44,000.00 76 443.36 82,487.79 30-Jul-04 1 Premier Bank Interest Paid This Period 6 33.65 76 477.01 82,521.44 Run Date: 07/12/2004 at 12:01:52 PM E-File: PGFCheck04.123 Page 1 of 1 WARM Premier 101mm Bank Minnesota Ozvned. Minnesota operated. MEMBER FDIC Page: 1 CITY OF GEM LAKE Account Number: 6005590 SERA' FUND Statement Date: 6/30/04 1369 COUNTY ROAD E E 31 GEM LAKE mN 55110-5231 Checks/Items Enclosed: 86 PREFERRED ELITE Premier Bank is pleased to present to you our new statement format. You will now find your information on both the front and back of the page. CITY OF GEM LAID; GENERAL FUND Beginning Balance 6/01/04 Deposits / Misc Credits 7 Withdrawals / Misc Debits 27 ** Ending Balance 6/30/04 Service Charge Interest Paid Thru 6/30/04 Interest Paid Year To Date Average Balance Average Collected Balance 142.n3nmm Balance Average Rate / Cycle Days Enclosures Miscellaneous Credits Date Deposits 6/04 2,864.25 6/11 363.85 6/17 310.85 6/21 44,000.00 6/25 1,485.65 6/30 21,365.60 6/30 33.65 Act # 6005590 34,642.98 70,423.85 22,545.39 82,521.44 ** .00 33.65 258.64 44,717 43,548 27,286 .94000 / 30 31 Withdrawals Activity Description DEPOSIT DEPOSIT DEPOSIT wire in DEPOSIT DEPOSIT INTEREST EARNED SEE REVERSE SIDE FOR ADDITIONAL INFORMATIO CITY OF GII�4 T•nrt� Account Number: Statement Date: iiscellaneous Debits Date Deposits Withdrawals Activity Description 6/21 12.00 Wire Transfer Fee Paid Checks Date Check No. 6/02 6412 0002 6/01 6413 0002 6/03 6414 0002 6/08 6415 0002 13 6416 0002 j2 6419*0002 6/01 6420 0002 6/02 6424*0002 6/03 6429*0002 Daily Balance Summary Date Balance 6/01 33,784.69 6/02 28,479.66 6/03 27,266.7.0 6/04 30,150.95 6/08 30,130.95 * indicates skip in check numbers Amount Date Check No. Amount Date 232.64 6/30 6430 1,101.41 6/29 783.29 6/29 6432* 60.90 6/29 51.55 6/29 6433 281.30 6/28 20.00 6/29 6434 268.35 6/29 1,101.41 6/29 6435 24.50 6/29 5,045.19 6/23 6436 694.25 6/25 75.00 6/23 6438* 184.70 27.20 6/22 6439 4.70 6/30 29 40.00 6/23 6441* 600.27 Date 6/11 6/17 6/21 6/22 6/23 Balance 30,494.80 30,805.65 74,793.65 74,588.95 73,109.73 Date 6/25 6/28 6/29 6/30 Page: 2 6005590 6/30/04 Check No. 6442 6443 6445* 6447* 6448 6449 6450 6451 Balance 74,470.38 70,907.88 62,350.35 82,521.44 Amount 692.62 54.40 3,562.50 1,947.00 4,353.46 125.00 126.75 875.00 SEWER FUND CHECKING 2004 CITY OF GEM LAKE TREASURER'S REPORT SEWER C H 04 Jan START 41,873.66 .--cY OF GEM LAKE 1369 County Road "E" East FUND CHECKING K 17885.94 -40331.81 16344.09 56675.90 Gem Labe, MN 55110-5231 I N BANK BALANCE DEBIT CREDTI 17885.94 BALANCE TRAN TRAN CHECKS TO DATE # DEPOSITS FROM MeuMwlitan Council PAYMENT FOR Current User Charges: Jul 2004 6 -857.60 28439.46 16953.81 21 18439.4 16953.81 21-Jun-04 SP2040 21-Jun-04 SP2041 SEH, Inc. CITY OF GEM LAKE - GENERAL FUND DesipSvcsForNewSanitarySewcr TOTAL CLAIM 6 6 -5867.75 -1485.65 16953.81 17851.81 16953.81 17851.81 21-Jun-04 SP2042 04-Jun-04 1 THE TRIKE SHOP TOTAL PAYMENT 6 898.00 30.00 17881.81 17881.81 17-Jun-04 1 Sainimili: Leuthard 1st Qtr 2004 Sewer Fees/Residential 6 4.13 17885.94 17885.94 30-Jun-04 1 Premier Bank Interest Paid This Period 6 J Run Date: 07/12/2004 at 12:08:23 PM E-File: PSFCheck04.123 Page 1 Premier112t ® LEND Bank Minnesota Owned. Minnesota Operated. MEMBER FDIC CITY OF GEM LAKE SEWER FUND 1369 COUNTY ROAD E E GEM LAKE MN 55110-5231 PLUS Page: 1 Account Number: 6005582 Statement Date: 6/30/04 Checks/Items Enclosed: 5 86 PRF►UML BANK INTRODUCES OVERDRAFT PROTECTION Protect yourself against inadvertent overdrafts and the hassle and embarrassment of returned checks with Premier Bank's new OVERDRAFT PRIVILEGE SERVICE. Contact your local branch office for details CITY OF GEM LAKE Act # 6005582 SERER FUND Beginning Balance 6/01/04 Deposits / Misc Credits 3 Withdrawals / Misc Debits 3 ** Ending Balance 6/30/04 service Charge Interest Paid Thru 6/30/04 Interest Paid Year To Date Average Balance Average Collected Balance Mini rmmm Balance Average Rate / Cycle Days Enclosures ,j.Scve11aneons Credits 25,164.81 932.13 8,211.00 17,885.94 ** .00 4.13 38.09 25,242 25,121 17,881 .20000 / 30 5 Dame Deposits Withdrawals Activity Description 6104 898.00 DEPOSIT 6/ 1 7 30.00 DEPOSIT 6 / 3 O 4.13 INTEREST EARNED aya Checks P *_ indicates skip in check numbers Dat,B Check No. Amount Date Check No. Amount Date Check No. Amount 6129 2040 0002 857.60 6/29 2041 5,867.75 6/25 2042 1,485.65 CITY OF CEK I+PIUC, Daily Balance summary Date Balance Date Balance 6/25 24,607-.16 6/04 26,062.81 6/29 17,881.81 6/17 26,092.81 O i Page: 2 Account Number: 6005582 Statement Date: 6/30/04 Date Balance 6/ 30 17 , 885-. 94