HomeMy WebLinkAbout2008 10-21 CCPCITY OF GEM LAKE; MN
City Council Agenda
October 21, 2008
CALL TO ORDER - By Mayor Emeott at PM
CALL OF ROLL
Emeott, Artig-Swomley, Rasmussen,Schilling, Watson
OTHERS IN. ATTENDANCE (Attach list)
APPROVAL OF CITY COUNCIL MINUTES AND AGENDA
A). Minutes of City Council meeting of September 16, 2008
B) Minutes of the City Council Workshop of October 6 2008
C). Minutes. of the. Special City Council meeting of October 10, 2008
D) City Council Agendafor this meeting
COMMITTEE REPORTS
Planning Commission. October meeting report — (Accept. report)
PRESENTATIONS FROM THE FLOOR
5 minutes maximum allowed forthis part of meeting
OLD BUSINESS
A) City Newsletter - Next Edition features
B) City MS4 reportfor 2007 — Chuck Watson
NEW BUSINESS
A) .Acceptance and approval of 2007 Financial Auditors report
B) Approval of payment of claims .for Sept. October 08
C) Approve new City of Gem Lake.Folicy Book
D) Resolution.2008-10 — Certify delinquent sewer billings to Ramsey County
E). Resolution 2008-11 --Certify delinquent fire inspection billings to.Ramsey County
F) Acceptance. of new City. Ordinances
1) No..87 An Ordinance. to require city licenses. for certain home construction contractors
2) No. 88. An Ordinance requiring escrowing of funds for Zoning changes
• 3) • No: 89 An. Ordinance requiring escrowing of funds for Sub -divisions
4) No. 92 An Ordinance describing environincntal.review procedures for proposed projects
5) No, 92 An Ordinance estabiishing.regttlations.for operation. of. Pawnbroker shops
6) No; 100 An,Ordinance requiring landscaping of new construction and requiring
maintenance of existing landscaping
7) No. 102 An Ordinance making revisions to the charitable gambling ordinance. (Na. 60): allowing the bartender to sell
pull -tabs,. etc from.the bar:
8) No; 104 An Ordinance proposing changes in the.GBII zoning district in the Zoning Ordinance.
G) Approve. publishing of synopsis of new Ordinances in White Bear Press
H) Shall the. City of Gem Lake establish a Stormwater Utility to help pay for stormwater projects ?
1) Possible Web streaming of Gem Lake City Council meetings using cable -casting equipment.
J) Gem Lake Quarterly Financial Report — 3`d.quarter — Jessie Hart
K) New City Policy on Investments — Jessie Hart
L) New City Policy - Identity Theft Prevention program (Red Flag Rule) — Jessie Hart
M) Review Lawful Gambling Report for 2007 & 2008-- .Jessie Hart
Page 1 of 2
PRESENTATIONS FROM THE FLOOR
5 minutes maximum allowed for this part of meeting
FUTURE CITY COUNCIL MEETINGS
Next City Council workshop Monday November 3,:200S 7 PM - City Hallmeeting room
Agenda items -
-
Cancel this meeting (room setupfor voting on next day)?
Other date/time
Next City Council meeting — Tuesday, November 18, 2008 7 PM - City Hall meeting room
Other time
ADJORNMENT
CITY OF GEM LAKE
4200 Otter Lake Road
White Bear Lake, MN 55110
Yard F.rmeat, Mafia
Minutes of Gem Lake City Council. Meeting
16 September 2008
The regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Emeott an
Tuesday, September 16, 2008 at 7:06 pm in the Gem Lake City Hall meeting room. Mayor Emeott, Councilors
Artig-Swomley, Rasmussen, Watson and Shilling were present. Other members of the public were also in
attendance per the sign in sheet sent around the room.
APPROVAL OF AGENDA AND MEETING MINUTES
Minutes of City Council meeting of August 2008: Minutes from the August 2008 City Council meeting were
reviewed by Council members. One typo on page 2, fifth paragraph, catch "basin". Motion by Artig-Swomley,
Second by Rasinussen to approve the August 2008 City Council minutes was unanimously approved by voice vote.
City Council Agenda for this meeting: Mayor Emeott called for additions, deletions and corrections to the
agenda. Mayor Emeott added under New Business E) Grant writing, F) PO Box, and G)Webccasting/Webite,
Motion by Watson, Second by Artig-Swomley to approve agenda with the above additions was unanimously
approved by voice vote.
PUBLIC NOTICES
None
PRESENTATIONS FROM THE FLOOR
A discussion was started regarding coyotes in the city and that some residents are being driven inside by their
activities, Animal control is the agency that can deal with nuisance coyotes but that residents can still call 911 if
they feel threatened by the animals.
COMMITTEE REPORTS
Planning Commission (Jim Lindner): Planning Commission chair Jim Lindner reported that the Gem Lake
Comprehensive Plan is complete and proceeding with the review process. Next the Planning Commission will
work on zoning ordinances. Need to work on Land Use section including defining Mixed Use Areas and Form
Based Zoning. Councilor Artig-Swomley requested Lindner provide the City Council with a priority list of projects
for next few Months. Lindner stated that the Commission's first task will be to work on Zoning Ordinance,
expected completion in winter, next to work on Storm Water Management Plan, and also to finalize the
Comprehensive Plan.
OLD BUSINESS
A) City Newsletter (Artig: Swontley): Topics proposed for future editions of the city newsletter to include
neighborhood watch, profiles of candidates up for election in Gem Lake, Oldest resident of Gem Lake, and
information about coyotes.
B) City MS4 report for 2006 (Watson):. A. meeting isplanned for Thursday at .1:00. p.m. with Councilor
Watson and MayorEmeott to discuss,
NEW BUSINESS
A) Approval of payment of claims for August -September 2008: Mayor Emeott referred the Council to the
listing of payments requiring approval. Payment of claims for time period above was unanimously approved as.
indicated by Councilor's signatures on this document.
B) Gem Lake August Balance Statement:. Mayor Emeott indicated that the August Balance. Statement was
included in the information sent to the Council members. Jessie Hart is having some difficulties setting up the new
Peachtree software so report was late going out.
C) Resolution 2008-9 to revise: 2008 Fee Schedule Mayor Emeott.presented .a revised 2008 Fee Schedule
that updated some fees that were not consistent with actual cost of providing service (i.e. building permit, liquor
license fees now inline with state's fees), Fee Schedule now closely matches White Bear Township's fees allowing
for ease in administering, Councilor's Artig-Swornley and Watson stated they hadn't seen the file that was sent.
Watson was able to quickly pull it upand review it. Artig=Swomley indicated she would like to wait on the. vote or
would abstain. Motion by Schilling, Seconded by Watson to accept the Revised 2008 Fee Schedule was declared
adopted based upon the following vote:
Councilor Rasmussen -- Aye
Councilor Schilling — Aye.
Councilor Artig. Swomley — No vote
Councilor Watson — Aye
Mayor Emeott — Aye
D) Town Hall candidates meeting —Segermark request: City resident Jim Segermark wrote. an email to
Mayor Emeott recommending the city host: a town hall. meeting for candidates to. answer questions. Discussion
around using a town hall format versus using the next City Newsletter to profile candidates occurred. It was
decided that the next City newsletter will be devoted to profiles of candidates of office. Possibly asking same three
questions of each person running.
E) Grant.Writing (Amy Watson): City resident Amy Watson presented a summary of how a grant Writer
could benefit the city, a topic she is very familiar with as she has, just finished her degree in that field: There are
many types of grants that Maybe available but it takes time. and effort to research, writeup the proposat, and then
follow through will.all of the requirements of the grant. Grants can. be.found through clearing houses but also by
bookntarking:governmentai.agencies. that give grants and going back frequently to see if a grant would match or
needs, Federal governments appropriate funds to go to states and then states fund local governments. Cities like
Vadnais Heights apply forlots of grants. Amy Watson stated she would do the research at no charge to the city. If a
grant were to be awarded, she would then charge a percentage of that grant to cover the cost of her time.and
materials. Councilor Schilling suggested that it would be nice if the city could pay her for. her time. Councilor
Watson suggested that the city come up with three to five. priority projects and see what she could come up with.
The council discussed using the November City Workshop to fine tune several ideas for topics for grants and let
Amy Watson have the opportunity to start some research on potential grants. Possible projects might include a.
feasibility study for putting sewer on Schuneman Road and County Road. E, looking at the water flow from Barnett
Kia/Tousley Ford/and surrounding areas and their impact on Gem Lake from runoff,
F) PO Box: Mayor Emeott recommended discontinuing the old Gem. Lake PO Box to save money as mail can
now be delivered to the new Gem Lake City Hall at 4200 Otter Lake Road. Motion by Schilling, Seconded by
Artig-Swomley to discontinue the old PO Box was unanimously approved by voice vote, The web site will need to
be updated.
G) Webcasting/Website: Mayor Emeott stated that White Bear Township is installing webcasting equipment
in the building this October. The entire conference roam will be equipped to record. Gem Lake does not have a
public access channel since costs to set up a distribution system and public access channel were cost prohibitive,
Gem Lake is serviced by Vadnais Heights and WBL. Therefore, Mayor Emeott suggested that webcasting might be
a low cost way to make the city meetings accessible to residents. This will need to be looked into fluffier.
PRESENTATIONS FROM THE FLOOR.
Mayor Emeott stated he will be available for Mayor's night in at Gem Lake City Hall on October 13th and October
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FUTURE CITY COUNCIL MEETINGS:
Next City Council Workshop — Workshop scheduled for Monday, October 6, 2008. Agenda item — Receive
auditors financial report for 3007 and complete work an City Ordinances started in March 2008
Next City Council Meeting — Tuesday, October 21, 2008. at 7:00 p.m. in the Gem Lake City Hall.
ADJOURN: The September 2008 regular meeting of the City Council was adjourned at 8:32 p.m,
AUTHORIZED: September 16 , 2008
APPROVED: Uctober.21, 2008.
ATTEST:
A f1'EST:
Teresa Tice, Recording Secretary Paul R. Emeott, Mayor
Certified Copy.
Attendance List for Gem Lake City Council Meeting; September 16, 2008
Jim Lindner
Bob Uzpen
Array Watson
Steve and Beth Herzalt
Punning Commission
Big Fax Road
Goose Lake Road
CITY OF GEM LAKE, MN
4200 Otter Lake Road
Gem Lake, MN 55110-3227
Telephone 651-747-2790
Planning Commission results ,10- -2008
The October 2008 Gem Lake Planning Commission meeting was called to order at 7:00
by Chairman Lindner. Present were Commissioners Derek Wippich and. Craig Rafferty.
Also present was alternate commission Beth Herzog Mayor Paul Emeott, WBT Planner
Tom Riedesel, Brian Harjes, Jim McNulty, and over 40 residents of Gem Lake, whose
names are on a sign -in sheet. Lindner added that the minutes will be sent to anyone who
wishes to receive them if they provide their email address on the sign in sheet.
McNulty idea
After a brief introduction by Chairman Lindner, Brian Harjes presented some concept.
drawings of an idea for townhouses for portions of the Hillary Farm development. He
first showed a drawing from May, 2008, then one dated September, 2008 which he had
shared at the City Council workshop on October 6, 2008. He then showed a new idea
drawn up earlier in the day before this meeting. After Brian's presentation, Lindner
explained the process that must be followed (1997 Comprehensive Plan amendment and
zoning ordinance amendment) that give the city the legal methods to review and
support/reject a formal proposal. None of these processes have begun so at this point the
sole purpose of this meeting is to assess the idea and gauge public comment.
To make this project feasible, city water to Hillary Farm is a strongly preferred option
over 'individual or community wells. However, this will require placement of pipe under
Schueneman Road which presents a logistical hurdle.
Lindner explained again the need for amending the comprehensive plan and zoning
ordinance, the need for city water, and the zero -lot line proposal that a PUD would
require. He reiterated that there has been no formal proposal from McNulty on this latest
plan. Lindner added that either the € 997 comprehensive plan or the 2008 plan will need.
to be amended to allow such a change to Hillary Farm because the 2008 plan identifies all
of Hillary Farm as single family executive home sites.
Derek. Wippich addressed the meeting saying he had been in favor of some type of
clustered development in the original Hillary Farm concepts.
Craig Rafferty spoke of the need to assess what is best not only for Hillary Farm, but for
Gem Lake as a whole.
Two Hillary Farm residents, Mike Larking and Gary Tangwell, then addressed the
meeting, Both Mike and. Gary were opposed to the idea of townhomes. Mike said he
Look for us on the World Wide Web at gemiakemriorg
bought into Hillary Farm because it was the type of executive home sites he had been
looking for when he bought his house: Gary spoke of other methods McNulty could
employ to stimulate purchasing lots in Hillary Farm (lower prices and the ability to hire
separate builders) rather than selling townhomes. He read a letter from Carol Buckley
who also spoke against the townhomes. The main concern is lower property values,
traffic, and the loss of open space as reason to oppose this idea. They were also
concerned because McNulty had not approached his own homeowners association
Other residents then joined in offering comments. People spoke against what would be
additional assessments for city water, traffic volumes, giving into McNulty after the
original project was approved, some did not want Gem Lake to "bailout" McNulty, and
some did not want he city to expend tax dollars on this plan. Some reminded the
Planning Commission of the need to follow what the citizens want from its government.
Rafferty and Lindner explained that this is all part of the process, that McNulty is also a
Gem Lake landowner and that he has the right to make presentations such as this. In the
past it was not uncommon for ideas like this to not even get the chance to present in a
forum such as a planning commission meeting because developers were told "no" when
they contacted city officials. That was the reason some landowners sought to have their
lands detached from Gem Lake.
An informal straw poll of the residents (upon the suggestion of another resident) showed
no support for this idea at all. It is now up to McNulty if he wishes to pursue this idea
formally or revise it, or do with it as he chooses: People were concerned that they did not
know of this pending meeting until just a day or so beforehand. Lindner reminded all
present that the Planning Commission meets the first Tuesday of each month except
when forbidden to do so because of holiday or general election day.
Lindner then thanked all for their attendance and input and declared a brief intermission
before the next topic,
Zoning Ordinance
Paul Emeott next presented his first draft of proposed changes to the zoning ordinance.
We reviewed each change and he explained his rationale and where he thinks further
work is needed. Some of the current zoning ordinance will remain, but he injected some
new ideas into his new draft. He will lean on the city attorney for guidance with the
mixed use as called for in the Gem. Lake Village Center Mixed Use Special Planning
District. This is totally new to Gem Lake and we will seek assistance in writing this
portion of the ordinance. Some existing zoning districts will be removed from the new
ordinance. LDB, Rl, and R2 are all out of the revised ordinance. Deep in mind the new
comprehensive plan will mandate these changes to the zoning ordinance,
Beth Herzog presented a form -based and smart code zoning ordinance she found on the
Internet, Lindner added that he found something similar on-line from Gulfport,
Mississippi.
Dan Osterkamp
Look for us on. the World Wide Web at getulakemn.org.
Lindner raised the issue of Dan Osterkamp even though this was inadvertently omitted
from tonight's agenda, Osterkamp had presented to the Planning Commission his idea of
renting Budget Rent -A -Trucks from his business site in Gem Lake; The June, 2008
Planning Commission minutes give specific details as to what Dan needed to do to obtain
City Council approval as a permitted use (refer to the Planning Commission meeting
minutes ofJune 2, 2008 for details). Osterkamp has never done what he was instructed to
do yet he has begun renting trucks from his site, The Planning Commission recommends
the zoning administrator write a letter of violation to Osterkamp.
There being no further business Lindner adjourned the meeting at 9:30PM. The
November Planning Commission meeting will be moved to Monday, November 10 due
to. Election Day and Veteran's Day.
Jim Lindner
Planning Commission chair.
Look for us on the. World Wide Web at gendakemn.org
MEMORANDUM
Date: October 21, 2008
To: City Council.
From: Jessie Hart, Treasurer
Re: Adopt Investment Policy
Attached for your consideration is an Investment Policy for the City of Gern Lake. The
purpose of the policy is to invest public funds in a manner which maximizes return and
provides maximum security in preserving and protecting funds while meeting the daily cash
flow demands and conforming to all applicable federal, state, and/or local statutes governing
the investment of public funds.
This is a standard investment policy that follows the guidelines for the investment of public
funds included in Minnesota Statute § 475.66. It is similar to the policy that the Township
operates under. While the policy gives some latitude to investing it also restricts investment
in high risk environments.
There are two things that are different from what the City is currently doing with its funds.
Currently the City buys certificates of deposit and designates each one or a portion of each to
a specific fund such as the CD for the park acquisitions fund. Proposed as part of this policy
is the implementation of an Investment Trust Fund that would allow for the pooling of
investments to allow for the purchase of larger investment interests with higher rates of return
rather than smaller instruments with lower rates.
The City already allocates it interest from the pooled checking account on a monthly basis to
all funds. The policy as presented would allow for the General Fund to take 3.5c/0 of the
interest up front for administration of the investments for all funds. This amount would be
included as a revenue source in the General Fund and would be reflected in other funds as a
reduction in the interest allocated to each fund.
While the City's investments have been invested under Minnesota Statute § 475.66
implementation of a formal policy provides more protection as it requires brokers and bankers
to ensure that what they propose complies with not only statutes but also with the City's
investment policies.
Action requested is to adopt the City of Gem Lake Investment Policy and authorize the
Treasurer to implement the Investment Trust Fund for pooled investments.
CITY OF GEM LAKE
INVESTMENT POLICY
1. Purpose
Itis the policy of the City toinvest public funds in a manner which maximizes return and
provides maximumsecurity in preserving and protecting funds while:. meeting the daily cash flow
demands and conforming to all applicable federal, state and/or local.. statutes governing the
investment of public funds.
2. Standards of Care
A. Prudence - The standard of prudence to be used shall be the "prudentperson"
standard and shall be appliedin the context of managing an overall portfolio.
Individuals acting in accordance with written procedures and this investment
policy and exercising due diligence shall be relieved of personal responsibility for
an individual security's credit risk or..market price changes, provided deviations
from expectations are reported ina timely fashion and the liquidity and the sale of
securities are carried our in accordance with the terms of this policy.
The "prudent person" standard states that, "Investments shall be made with
judgment and care, under circumstances then prevailing, which persons of
prudence, discretion and intelligence exercise in the management of their own
affairs, not for speculation, but for investment, considering the probable safety of
their capital as well as the probable income to be derived."
B. Ethics and Conflicts of Interest— Employees involved in the investment process.
shall refrain frompersonal business activity that could conflict with the proper
execution and management of the investment program, or that could impair their
ability to make impartial decisions. Employees shall disclose any material.
interests in financial institutions with which they conduct business. They shall
furtherdisclose any person financial/investment positions that could be related to
the performance of theinvestment portfolio. Employees shall refrain from
undertaking personal investmenttransactions with the same individual with whom
businessis conducted on behalf of the City.
C. Delegation of Authority — Authority to manage the investment portfolio is granted
to the City's Treasurer, who shall act in accordance with established procedures
and internal controls for the operation of the investment portfolio consistent with
this investment policy. No person may engage in an investment transaction
except as provided under the terms of this policy. The Finance Officer shall be
responsible for all transactions undertaken and shall establish a system of control.
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3. Investment Objectives
The City will invest idle funds based on the following. objectives:
A. Safety — The primary objective is the preservation of capital and the
safeguarding of public funds by mitigating credit andinterestraterisk.
a. Credit Risk— The City will minimizecredit risk,which is the risk
of loss dueto the failure of the security issuer or backer.
b. Interest Rate Risk — The Citywill minimize interest rate risk,
which isthe risk that the market value. of securities in the portfolio
will fall due to changes in the market interest rates.
B. Term - Investments will be scheduled to cover alI expenditures.
Investments will not be longer than one year for cash flow and all excess
funds may be invested for Longer than one year.
C. Liquidity — The portfolio shall remain liquid to meet all operating
requirements thatmay be reasonably. anticipated. Thisis accomplished by
structuring the portfolio so that securities mature concurrent with cash
needs to meet anticipated demands. Furthermore, since all possible cash
demands cannot be anticipated, the portfolio should consist largely of
securities with active secondary or resale markets. Alternatively, a portion
of the portfolio may be placed in money market mutual funds or
government investment pools which offer same -day liquidity for short-
term funds.
D. Yield — The investment portfolio shall be designed with the objective of
attaininga market rate ofreturn throughout budgetary and economic
cycles, taking into account the investment risk constraints and liquidity
needs. Return on inVestment is of secondary importance compared to the
safety and liquidity objectives. The coreof investments arelimited to
relatively low risk securities in anticipation of earning a fair return relative
to the risk being assumed. Securities shall generally be held until
maturity.
4. Pooling of Funds
The City will consolidate (pool) cash and reserves balances from all funds, except for
those legally restricted by statutes, to maximize. investment earnings andto increase efficiencies
with regard to investment pricing, safekeeping and administration.
5. Authorized Investments
The City of Gem Lake will invest.on]y in securities authorized by Minnesota Statute 475.66.
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Governmental bonds, notes, bills, mortgages and other securities, which are direct
obligations or are guaranteed or insured issues of the United States, its agencies,
its instrumentalities, or organizationscreatedby an act of Congress,excluding
mortgage -backed securities defined as "high risk" (as defined below) or in
certificates of deposit secured by letters of credit issued by Federal Home Loan
Banks.
High risk mortgage -backed securities are as follows:
A) interest — only or principal — only mortgage -backed securities,
B) any mortgage derivative security that:
a) has an expected average life grater than ten years,
b) has an expected average life that:
i) will extendby more than four years as the result of
an immediate and sustained parallel shift in the
yield curve of plus 300. basis points: or
ii) will shorten by morethan six years as theresult of
an immediate and sustained parallel shift in the.
yield curve of minus 300 basis points: or
c}. will have an estimated change in price of more than 17
percent as the result of an immediate and sustained parallel
shift in the yield curve of plus or minus 300 basis points.
Obligations of the United States or its agencies undera repurchase agreement if
the margin agreement under the repurchaseagreement is 101 percent and with any
of the following institutions:
A) a bank qualified as depository of public funds,
13) any national or state bank in the United States which is a member of the
Federal Reserve System and whose combined capital and surplus equals or
exceeds $10,000,000,.
C) a primary reporting dealer in the United States government securities to
the Federal Reserve Bank of New York,
D) a securities broker/dealer having its principal executive office in
Minnesota, licensed pursuant to Chapter 80A, or an affiliate of it,
regulated by the Securities and Exchange Commission and maintaining a
combined capital and surplus of $40,000,000 or more, exclusive of
subordinated debt.
3. State and local government obligation as follows:
A) an obligation of the State of Minnesota or any of its:municipalities,
B) obligation of other state and local governments:
a) that have taxing power, and
b) are rated "A" or better by a national bond "rating service.
C) general obligations of the Minnesota Housing Finance Agency that are
rated. "A" or better by a national bond rating service.
D) general obligations of housing finance agencies of other states, provided:
a) they include a moral obligation of the state, and
b) they are rated "A" or better by a national bond rating service,
E) general revenue obligation of any agency or authority of the State of.
Minnesota other than those found:. in C or D above (Housing Finance.
Agency) that are rated "AA" or better by a national bond rating service.
4. Certificates of deposit at state and federally chartered banks and savings and loan
associations. All investments made under this subsection. shall be limited to the
amount of Federal Deposit Insurance Corporation or the manner set forth in
Minnesota:statute 118.0.05..The. certificate of deposit should be in.the form. of a
discounted security maturing in the ainount not to.exceed the insurance coverage
or in the amount so that at any. time the face amount together with any accrued
interest does not .exceed the insurance coverage.
5.. I3anker'sAcceptances of United States Corporation or their Canadian subsidiaries
that are rated 'Al" by Moody's Investors Service andlor P I by Standard and
Door's. Corporation and matures in 270 days or less. Banker's: Acceptances can
only be:purchased if.the yield is greater than the. United States 'Treasury
obligations or Federal Agency issues.
6. Cominercial Paper issued by United States corporations or their Canadian
subsidiaries that are rated "A l".by Moo.dy's Investors Service.andlor `PI" by
Standard and Poor's Corporation and matures in 270 days.or less..
7 Money Market Funds consisting of United States Treasury Obligations andlor
Federal.. Agency Issues.
8. The. City will not purchase securities that are. considered highly sensitive. A
• highly sensitive investment..is a debt instrument with contract terms that make the
investment's fair value.highly sensitive to interest. rate changes. Examples
includerange notes and index amortizing notes, step-up notes and bonds,
variable -rate investments with coupon.multipliers, and.coupons that vary
inversely with a benchmark index.
9. The City will not purchase securities that could expose the City to foreign
currency risk.
6. Safekeeping and Custody
Investments may be heldin safekeeping' with:
l . Any Federal Reserve Bank,
2. Any bank authorized under the laws of the United States or any state to exercise
corporate trust powers, including but not limited to the bank from which the
investment is purchased,
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3. A primary reporting dealer in the United States government securities to the.
Federal Reserve Bank of New York, or
4. A securities broker -dealer- having its principal executive office. in Minnesota,
Licensed pursuant to Chapter 80A, or an affiliate of it, regulated by the securities.
and exchange commission andmaintaining a combined capital and surplus of
$40,000,000 or more, exclusive of subordinated debt.
The City's ownership of all securities in which the fund is invested should be evidenced
by written acknowledgments identifying the securities by:
A. The names of issuers,
B. The maturity dates,
C. The interest rates,
D. Any serial numbers or other distinguishing marks.
The City shall not invest in securities that are both uninsured and not registered in the
name of: the City and are held by either:
A. The counterparty or.
B. The counterparty's trust department or .agent, but notin the name of the
City.
The Finance Officer shall establish a system of internal controls, which shall be reviewed
with the independent auditor of the City: The controls shall be designed to prevent the loss of
public funds arising . from fraud, employee error, and misrepresentation by third parties,
unanticipated changes in financial markets, or imprudent actions by employees and officers of
the City.
7. Concentration of Credit Risk
No more than 5% of the overall portfolio may be invested in the securities of a single
issuer, except for the securities of the U.S. Government or an external investment pool.
8. Investment Depositories and. Authorized Dealers
Annually, the City Council: willdesignate depositories, security dealers andfinancial
institutions authorized to provide banking and investment services to the City. Prior to
completing an initial .transactioneach year wit a broker/dealer, the City shall provide to the
broker/dealer.a copy of the City's Investment Policy and a copy of the Notification to Broker and.
Certification by Broker as required by Minnesota Statute 118A.04. The broker/dealer must sign.
and return the Notification to Broker and Certification by Broker and agree to handle the. City's
account in accordance with the City's Investment Policy and provide a copy of their broker's
insurance coverage for their firm.
9. Investment Earnings
Interest earnings will be credited to the source of the invested funds at the end of each
monthbased on the averagecash balances during the month. The City's General Fund will
receive.3.5% of investment earnings as an administrative fee for staff's time to administer the
City's: investments. This fee shall be subtracted from interest earning before allocating interest
each quarter. Market value adjustments and interest accruals will be allocated at the end of the
fiscal yearbased on the average cash balances during the fiscal year.
10. Reporting and Review
A listing of the City's investment portfolio shall be included in the financial report to the
City Council.. at the end of each.. fiscal quarter. The list should include date of purchase and
maturity, type of investment, firm invested at, yield, and interest rate.
11. Exemption
Any investment currently held that does not meet the guidelines of this policy shall be.
exempted from the requirement of'this policy. Upon rriaturity, if funds are re -invested the new
securitie.niust.conform to this policy.
12. Review and Approval
The investment policy shall be formally approved and adopted by the. City Council and
any future changes to the policy must be approved by the City Council. The City Council shall
review the investment policy annually.
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MEMORANDUM
Date: October 6, 2008
To; City Council
From: Jessie Hart, Treasurer
Re: Lawful Gambling Report
The City of Gem Lake currently collects 2% of net profits from organizations licensed to
operate lawful gambling within the City. Currently the. White Bear Lions operate the only
lawful gambling site at Country Lounge.
The 2% collected must be placed in a fund administered and regulated by the City
without cost to such fund, for disbursement by the City for charitable contributions.
Eligible charitable contributions are classified as follows:
Al -
To 501(c)(8) organization or 501 (c)(4) festival organization
A2
Relieving effects of poverty, homelessness, or disability
A3
Program for education, prevention, or treatment of problem
gambling
A4
Public or private nonprofit school
AS
Scholarship fund
A6
Recognition of military service (open to public) or support for
active military personnel and their immediate family members in
need
AT
Activities and facilities for youth
Alp
Expenditures for police, fire and other emergency or public safety -
related services, equipment and training. NOT ALLOWED:
pension or retirement funds
All
Church
A13
With DNR approval, wildlife management projects/activities that
benefit public -at -large; grooming and maintaining snowmobile or
all -terrain vehicle trails, or other trails open to public use; supplies
and materials for DNR-coordlnated safety training and education
programs
A14
Nutritional programs, food shelves, and congregate dining
programs primarily for persons 62 or older or disabled
A15
Community arts organizations, or sponsorship of community arts
programs
Al9
Humanitarian service — recognizing volunteerism or philanthropy
The attached report shows the activity of the lawful gambling beginning in 2006. The
balance carried forward at the end of 2005 was $3,448.O0. The detail prior to that was
not available.
The Lions submit their 2% lawful gambling contribution on a quarterly basis. As of the
writing of this memorandum, $2,323 had been received during 2008 (represents only
two quarters) and the only expenditures made during 2008 was $227.93 for the National
Night Out Celebration. When added to the balance carried forward from 2007, the
available balance as of September 31, 2008 is $4,836.07.
While the City has the authority to determine where these funds are dispersed to, prior
year contributions from this fund generally included a disbursement to the Lake Area
Transit and Willow Lane Elementary School, Expenditures have not been made during
2008 to these organizations. This was the first year of the National Night Out
Celebration. This event could continue to be funded from these contributions on an
annual basis.
The City spends in excess of $70,000 per year under the Law Enforcement Contract
with Ramsey County. Lawful gambling contributions could be used to offset a portion of.
this cost on an annual basis.
Included in the 2009 Preliminary Budget is $3,000 in lawful contributions and $5,000 in
lawful contributions expenditures In anticipation of using some of the available balance
from previous years. The expenditures were not identified for any specific program or
event.
The Council needs to make a decision as to how they wish to spend any balance of
lawful contributions during 2008, if any additional is to be spent, and how to program
lawful gambling contributions and expenditures In the 2009 budget.
CITY OF GEM LAKE
LAWFUL GAMBLING REPORT
Fund Balance, December 31, 2005 $ 3,448.00
• 2% Gambling Tax Collected, 2006 2;092.00
Available Balance
$ 5,540.00
Lawful Purpose Expenditures, 2006
Friends of the Parks & Trails $ 200.00
MlnneCODA 300.00
Lake Area Transit 468.00
Willow Lane Elementary School 2,480.00
Fund Balance, December 31, 2006
2% Gambling Tax Collected, 2007
Available Balance
Lawful Purpose Expenditures, 2007
Lake Area Transit
Willow Lane Elementary School
3,448.00
$ 2,092.00
2,481.00
500.00
1,332.00
4,573.00
1,832.00
Fund Balance, December 31, 2007 $ 2,741.00
2% Gambling Tax Collected, 2008
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
1,067.00
1,256.00
2;323.00
Available Balance $ 5,O64.00
Lawful Purpose Expenditures, 2008
National Night Out $ 227.93
Lake Area Transit
Willow Lane Elementary School
Public Safety Expenditures
227.93
Fund Balance, December 31, 2008 $ 4,836.07
MEMORANDUM
Date: October 21, 2008.
To: City Council
From: Jessie Hart, Treasurer
Re: Adopt an Identity Theft Prevention Program
Identity thieves use people's personally identifying information to open new accounts
and misuse existing accounts, creating havoc for consumers and businesses. Financial
institutions and creditors soon will be required to implement a program to detect,
prevent, and mitigate instances of identity theft.
The Federal Trade Commission (FTC), the federal bank regulatory agencies, and the
National Credit Union Administration (NCUA) have issued regulations (the Red Flag
Rules) requiring financial institutions and creditors to develop and implement written
identify theft prevention programs, as part of the Fair and Accurate Credit Transactions
(FACT) Act of 2003..The programs must be in place by November 1, 2008, and must
provide for the identification, detection, and response to patterns, practices or specific
activities — knows and "red flags" -- that could indicate identity theft.
What is the Red Flags Rule?
• The federal FACT Act required the Federal Trade Commission to promulgate a
rule to curb identity theft in the United States.
Focused on banks, credit card companies and other related institutions that have
a financial stake in their customers' financial transactions.
y The Rule also applies to utilities as "creditors" with "covered accounts."
- A..covered account.is an account used mostly for personal, family, or
household purposes and that involves multiple payments or transactions.
Covered accounts include credit card accounts,. mortgage.loans,
automobile loans, margin accounts, cell phone accounts, utility.
accounts, checking accounts, and savings :accounts.
What is a Red Flag?
A red flag is a "pattern, practice, or specific activity that indicates the possible existence
of identity theft." 16 C.F.R. § 681.2(b) (9).
Why make utilities subject to the Red Flag Rules?
Cutting down on Identity Theft at utilities can reduce. Identity Theft elsewhere.
Y Fraudulent proof of a utility account can be used to support false identification for
government services, financial services, voting registration, etc.
What is Identity Theft?
The FACT Act defines "Identity Theft" as:
"a fraud committed using the identifying information of another person." 15
U.S.C. 1681a(q)(d).
"Identity Theft" is fraud NOT theft.
Who does the Rule aim to protect?
5- Banks — customers losses for unauthorized debit card use
Credit Card Issuers — customer losses for unauthorized credit card use
Y Utilities — sort of
— Utilities do not have a financial stake in their customers' financial
transactions, except with the utility.
— Identity Theft (fraud) in relation to utility accounts involves obtaining the
benefit of utility service using someone else's identifying information.
Red Flag Rule. compliance steps:
1. Assign a Program Administrator identified as the Treasurer for the Cityship in
the. Program.
2. Appoint a Privacy Committee — the Program Administrator and two other staff
members.
3. Develop and Identify Theft Prevention Program — the attached Program is
tailored to the size, complexity and nature of the City's operations.
4_ Approve the Program by November 1, 2008 — Program is presented for approval
by the City Council on October 21, 2008.
5. Update the Program as needed -Program will be reviewed annually for changes
in operations.
Action requested is to adopt the City of Gem Lake identity Theft Prevention Program
and authorize the Treasurer to implement and direct the Program as identified in
Program document.
City of Gem Lake
Identity Theft Prevention Program
Effective beginning November 1, 2008
1. PROGRAM ADOPTION
Federal Regulations require the City of Gem Lake ("City") to establish an Identity Theft
Prevention Program ('Program") pursuant to the Federal Trade Commission's Red
Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit
Transactions Act of 2003. 16 C. F. R. § 681.2 to detect, prevent and mitigate identity
theft. This program was developed with oversight and approval of the Program
Administrator and the City Council. After consideration of the nature and scope of the
City's activitiesincluded the provision of public utilities, the Program Administrator
determined that this Program was appropriate for the City's utility operations, and; the
program was subsequently adopted by the City Council on October 21, 2008.
Il. PROGRAM PURPOSE AND DEFINITIONS•
A. Fulfilling requirements of the Red Flags Rule
Under the Red Flag Rule, every financial institution and creditor is required to establish.
an "Identity Theft Prevention Program" tailored t❑ its size, complexity and the nature of
its operation. Each program must contain reasonable policies and procedures to:
1. Identify relevant. Red Flags for new and existing covered accounts and
incorporate those Red Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and
mitigate Identity Theft; and
4. Ensure the Program is updated periodically, to reflect changes in risks to
customers or to the safety and soundness of the creditor from Identity Theft,
B. Red Flags Rule definitions used in this Program
The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying
information of another person" and a "Red Flag" as a pattern, practice, or specific
activity that indicates the possible existence of Identity Theft.
According to the Rule, a municipal utility is a creditor subject to the Rule requirements.
The Rule defines creditors "to include finance companies, automobile dealers, mortgage
brokers, utility companies, and telecommunications companies. Where non-profit and
government entities defer payment for goods or services, they, too, are to be
considered creditors."
All the City's utility accounts that are individual utility service accounts held by
customers of the utility whether residential, 'commercial or industrial are covered by the.
Rule. Under the Rule, a "covered account" is:
1. Any account the City offers or maintains primarily for personal, family or
household purposes, that involves multiple payments or transactions; and
2. Any other account the City offers or maintains for which there is a reasonably
foreseeable risk to customers or to the safety and soundness of the Utility from
Identity Theft.
"Identifying information" is defined under the Rule as "any name or number that may be
used, alone or in conjunction with any other information, to identify a specific person,
including: name, address, telephone number, social security number, date of birth,
government issued driver's license or identification number, alien registration number,
government passport number, employer or taxpayer identification number, unique
electronic identification number, computer's Internet Protocol address, or routing code.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the City considers the types of accounts that it
offers and maintains, the methods it provides to open its accounts, the methods it
provides to access its accounts, and its previous experiences with Identity Theft. The
City identifies the following red flags, in each of the listed categories:
A. Suspicious Documents.
Red Flags
1. Identification document or card that appears to be forged, altered or inauthentic;
2. identification document or card on which a person's photograph or physical
description is not consistent with the person presenting the document; and
3. Other document with information that is not consistent with existing customer
information (such as if a person's signature on a check appears forged).
S. Suspicious Personal Identifying Information
Red Flags
1. Identifying information presented that is inconsistent with other information the
customer provides (example: inconsistent birth dates);
2. Identifying information presented that is consistent with fraudulent activity (such
as an invalid phone number or fictitious billing address);
3. An address or phone number presented that is the same as that of another
person; and
4. A person's identifying information is not consistent with the information that is on
file for the customer.
5.
C. Suspicious. Account Activity or Unusual Use of Account
Red Flans
1. Change of address for an account followed by a request to change the account
holder's name;
2. Payments stop on an otherwise consistently up-to-date account;
3. Account used in a way that is not consistent with prior use (example: very high
activity);
4. Mail sent to the account holder is repeatedly returned as undeliverable;
5. Notice to the City that a customer is not receiving mail sent by the City;
6. Notice to the City that an account has unauthorized activity;
7. Breach in the City's computer system security; and
8. Unauthorized access to or use of customer account. information.
D. Alerts from. Others
Red Flaq
1. Notice to the City from a customer, identity theft victim, law enforcement or other
person that it has opened or is maintaining a fraudulent account for a person
engaged in Identity Theft.
IV. DETECTING RED FLAGS.
A. New Accounts.
In order to detect any of the. Red Flags identified above associated with the opening of a
new account, City personnel will take the following steps to obtain and verify the
identity of the person opening the account:
Detect
1. Require certain identifying information such as name, residential or business
address, principal place of business for an entity, or other identification; and
2. Review documentation showing the existence of a business entity.
B. Existing Accounts
In order to detect any of the Red Flags identified above for an existing account, City
personnel will take the following steps to monitor transactions with an account:
6
Detect.
1, Verify the validity of requests to change billing addresses; and
2. Verify changes in banking information given for billing and payment purposes.
V. PREVENTING AND MITIGATING IDENTITY THEFT
In the event City personnel detect any identified Red Flags, such personnel shall take
one or more of the following steps, depending on the degree of risk posed by the Red
Flag:
Prevent and Mitigate
1. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
3. Not open a new account;
4. Close an existing account;
5. Reopen an account with a new number;
6. Notify the Program Administrator for determination of the appropriate step(s) to
take;
7. Notify law enforcement; or
8. Determine that no response is warranted under the particular circumstances.
Protect customer identifying information
In order to further prevent the likelihood of identity theft occurring with respect to
accounts, the City will take the following steps with respect to its internal operating
procedures to protect customer identifying information;
1. Ensure that its website is secure or provide clear notice that the website is not
secure;
2. Ensure complete and secure destruction of paper documents and computer files
containing customer information;
3. Ensure that office computers are password protected and that computer screens
lock after a set period of time;.
4. Ensure computer virus protection is up to date; and
5. Require and keep only the kinds of customer information that are necessary for
City purposes.
VI. PROGRAM UPDATES
This Program will be periodically reviewed and, updated to reflect changes in
risks to customers and the soundness Hof the. Utility from Identity Theft.. Whenever
changing billing methods, changing customer data collection; or violation trends indicate
7
a possible need for revision, the Program Administrator will consider the City's
experiences with Identity Theft situation, changes in Identity Theft methods, changes in
Identity Theft detection and prevention methods, changes in types of accounts the City
maintains and changes in the City's business arrangements with other entities. After
considering these factors, the Program Administrator will determine whether changes to
the Program, including the listing of Red Flags, are warranted. If warranted, the
Program Administrator will update the Program or present the Committee with his or her
recommended changes and the Committee will make a determination of whether to
accept,modify or reject those changes to the Program.
VII. PROGRAM ADMINISTRATION.
A. .Oversight
Responsibility for developing, implementing and updating this Program lies with an
Identity Theft Committee for the City. The Comrittee is headed by a Program.
Administrator who is the' Treasurer. Two or more other individuals appointed by the
head of the City .or the Program Administrator comprise.the remainder of the committee
membership. The Program Administrator will be responsible for the Program
administration, for ensuring appropriate training of City staff on the Program.,. for
reviewing any staff reports regarding the detection of Red Flags and the steps for
preventing and mitigating Identity Theft, determining which steps of prevention and
mitigation should be taken in particufar circumstances. and considering periodic changes
to the . Program.
13. Staff Training and Reports
City staff responsible for implementing the Program shall be trained either by or under
the direction of the Program Administrator in the detection of Red Flags, and the
responsive steps to be taken when a Red Flag is detected.
C. Service Provider Arrangements
In the event the City engages a service provider to perform an activity in connection with
one or more accounts, the City will take the following steps to ensure the service
provider performs its activity in accordance with reasonable policies and procedures.
designed to detect, prevent, and mitigate the risk of Identity Theft.
1. Require, by contract, that service providers have such policies and procedures in
place; and
2. Require, by contract, that service providers review the City's Program and report
any Red Flags to the Program Administrator.
8
MEMORANDUM
Date: October 6, 2008
To: City Council
From: Jessie Hart, Treasurer
Re: Lawful Gambling Report
The City of Gem Lake currently collects 2% of net profits from organizations licensed to
operate lawful gambling within the City. Currently the White Bear Lions operate the only
lawful gambling site at Country Lounge.
The 2% collected must be placed in a fund administered and regulated by the City
without cost to such fund, for disbursement by the City for charitable contributions.
Eligible charitable contributions are classified as follows:
Al
To 501(c)(3) organization or 501(c)(4) festival organization
A2
Relieving effects of poverty, homelessness, or disability
A3
Program for education, prevention, or treatment of problem
gambling
A4
Public or private nonprofit school
A5
Scholarship fund
A6
Recognition of military service (open to public) or support for
active military personnel and their immediate family .members in
need
A7
Activities and facilities for youth
Al
Expenditures for police, fire and other emergency or public safety -
related services, equipment and training. NOT ALLOWED:
pension or retirement funds
Al
Church
A13
With DNR approval, wildlife management projects/activities that
benefit public -at -large; grooming and maintaining snowmobile or
all -terrain vehicle trails, or other trails open to public use; supplies
and materials for DNR-coordinated safety training and education
programs
A14
Nutritional programs, food shelves, and congregate dining
programs primarily for persons 62 or older or disabled
A15
Community arts organizations, or sponsorship of community arts
programs
Al
Humanitarian service — recognizing volunteerism or philanthropy
The attached report shows the activity of the lawful gambling beginning in 2006. The
balance carried forward at the end of 2005 was $3,448.00. The detail prior to that was
not available.
The Lions submit their 2% lawful gambling contribution on a quarterly basis. As of the
writing of this memorandum, $2,323 had been received during 2008 (represents only
two quarters) and the only expenditures made during 2008 was $227.93 for the National
Night Out Celebration. When added to the balance carried forward from 2007, the
available balance as of September 31, 2008 is $4,836.07.
While the City has the authority to determine where these funds are dispersed to, prior
year contributions from this fund generally included a disbursement to the Lake Area
Transit and Willow Lane Elementary School. Expenditures have not been made during
2008 to these organizations. This was the first year of the National Night Out
Celebration. This event could continue to be funded from these contributions on an
annual basis.
The City spends in excess of $70,000 per year under the Law Enforcement Contract
with Ramsey County. Lawful gambling contributions could be used to offset a portion ❑f
this cost on an annual basis.
Included in the 2009 Preliminary Budget is $3,000 in lawful contributions and $5,000 in
lawful contributions expenditures in anticipation of using some of the available balance.
from previous years. The expenditures were not identified for any specific program or
event.
The Council needs -to snake a decision as to how they wish to spend any balance of
lawful contributions during 2008, if any additional is to be spent, and how to program
lawful gambling contributions and expenditures in the 2009.budget.
CITY OF GEM LAKE
LAWFUL GAMBLING REPORT
Fund Balance, December 31, 2005
2% Gambling Tax Collected, 2006
Available Balance
$ 3,4.48.00.
2,092.00
$ 5,540.00
Lawful Purpose Expenditures, 2006
Friends of the Parks & Trails $ 200.00
MinneCODA 300.00
Lake Area Transit 468.00
Willow Lane Elementary School 2,480.00
Fund Balance; ❑ecember 31, 2006
2% Gambling Tax Collected, 2007
Available Balance
Lawful Purpose Expenditures, 2007
Lake Area Transit
Willow Lane. Elementary School
Fund Balance, December 31, 2007
2% Gambling Tax .Collected; 2008
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
3,448.00.
2,092.00
2,481.00`
500.00
1,332.00
1;067:.00.
1,256.00
4,573.00
1,832.00
$ 2,741.00
2,323.00
Available Balance $' 5,064.00
Lawful Purpose Expenditures, 2008
National Night Out
Lake Area Transit
Willow Lane Elementary School
Public Safety Expenditures
227.93.
227.93
Fund Balance,December 31, 2008 $ 4,836.07
NO: 08-10
EXTRACT OF MINUTES OF A MEETING. OF THE CITY
COUNCIL OF THE CITY OF GEM LAKE, MINNESOTA
HELD ON OCTOBER 21 st, 2008
Pursuant to due call and notice thereof, the Regular Meeting of the City Council of the City of
Gem Lake, Minnesota, was duly held in said City on October 21, 2008, at 7:00 O'clock p.m.
The following members were present: Councilors; Emeott, Watson, Artig-Swomley, Rasmussen
and Schilling; and the following members were absent: none.
Councilor Schilling introduced the following Resolution and moved its adoption:
RESOLUTION CERTIFYING DELINQUENT SEWER CHARGES
(AUDITOR NO. 37090001) TO COUNTY AUDITOR BE IT RESOLVED BY THE
CITY COUNCIL OF GEM LAKE, MINNESOTA:
1 That pursuant to Section 4.13.2, of Ordinance No. 64E, the Clerk, is hereby authorized
and directed to certify to the Auditor of Ramsey County, Minnesota, the delinquent sewer charges on the
following described parcels of real estate in the City of Gem Lake:
PRQPPRTy Ip N4, AMOUNT
27-30-22-43-0017 393.00
27-30-22-43-0014 197.00
27-30-22-42-0004 539.00
$ 1,129.00
The motion of the adoption of the foregoing Resolution was duly seconded by Councilor Watson,
and upon vote being taken thereon, the following voted in favor thereof: Councilors; Emeott, Watson
and Schilling, the following voted against the same: None.
Whereupon said Resolution was declared duly passed and adopted.
STATE OF MINNESOTA )
COUNTY OF RAMSEY
CITY OF GEM LAKE.
}
}
I, the undersigned, being the duly qualified and acting Clerk of the City of Gem Lake, Minnesota,
DO HEREBY CERTIFY, that I have carefully compared the attached and foregoing Extract of Minutes of
the Regular Meeting of the City Council of said City held on the 21st day of October, 2008, with the
.original -on their! my office and that the same Is a full, true and complete transcript therefrom. insofar as
the. same relates to a Resolution directing.certification of Delinquent Sewer Charges:
WITNESS my hand as such Clerk and the City Clerk's seal this 2lst day of October, 2008.
CITY CLERK
CITY OF GEM LAKE, MINNESOTA
NO. 08-11
EXTRACT OF MINUTES OF A MEETING OF THE CITY
COUNCIL OF THE CITY OF GEM LAKE, MINNESOTA
HELD ON OCTOBER 21 st, 2008
Pursuant to due call and notice thereof, the Regular Meeting of the City Council of the City of
Gem. Lake, Minnesota, was duly held in said City on October 21, 2008, at 7:00 O'clock p.m.
The following members were present: Councilors; Emeott, Artig-Swomley, Rasmussen, Watson
and Schilling; and the following members were absent: none.
Councilor Schilling introduced the following Resolution and moved its adoption:
RESOLUTION CERTIFYING DELINQUENT FIRE INSPECTION CHARGES
(AUDITOR NO, 37090002) TO COUNTY AUDITOR BE IT RESOLVED BY THE
CITY COUNCIL. OF GEM LAKE, MINNESOTA:
1. That pursuant to Section 5.3.1, of Ordinance No. 77, the Clerk, is hereby authorized and
directed to certify to the. Auditor of Ramsey County, Minnesota, the delinquent fire Inspections on the
following described parcels of real estate in the City of Gem Lake:
PROPERTY ID NO, AMOUNT
27-30-22-43-0018 108,00
27-30-22-43-0018 108.00
34-30-22-12-0016 108.00
34- 30-22-12-0016 108.00
34-30-22-12-0016 108.00
$ 540.00
The motion of the adoption of the foregoing Resolution was duly seconded by Councilor Watson,
and upon vote being taken thereon, the following voted in favor thereof: Councilors; Emeott, Watson
and Schilling, the following voted against the same: None.
Whereupon said Resolution was declared duly passed and adopted.
STATE OF MINNESOTA }
f
COUNTY OF RAMSEY }
CITY OF GEM LAKE 3
}
1, the undersigned, being the duly qualified and acting Clerk of the City of Gem Lake, Minnesota,
DO HEREBY CERTIFY, that I have carefully compared the attached and foregoing Extract of Minutes of
the Regular Meeting of the City Council of said City held on the 2lst day of October, 2008, with the
original on file In my office and that the same is a full, true and complete transcript therefrom insofar as
the same relates to a Resolution directing certification of Delinquent Fire Inspection Charges.
WITNESS my hand as such Clerk and the City Clerk's seal this 21st day of October, 2008.
f'ITV r'I =Die
Claims For Payment
CITY OF GEM LAKE
Paul Emeott, Mayor
Chuck Watson, Council
Hutch Schilling, Council
Gretchen Arlfp-Swamley, Council
Torn Rasmussen, Council
Jessie Hart, Treasurer
Period Ending:
i012i12008
Signatures Approvtn$ Claims
Date of Approval
Fund Totals
$ Amount
General Fund
Parks & Playgrounds
2004 Debt Service Fund
2006. Debt Serv€oe Fund
2007. Debt Service. Fund
City Haft Construction Fund
Sewer Fund
32,240.25
000
0 00
0 00
0 00
36,313.00
4,669 06
Total All Funds
73, 1 22.33
t01201dt3 at 09:42:06.20 Page: 1
City of Gem Lake
Cheek Register •
For the Period From Oct 2.1 r 2008 to Oct 21 i 2008
Filler Criteria includes: Repotf order is.by..check Number
Check #
Date Payee Amount
7472. 10/21/08 Gretchen Artig-Swomley. 946.60
7473 10121/08 Ryan. Green 50.00
7474 10/21/08 Kelly & Lemmons, PA 2,046.32
7475 10121I08 Todd Kirchhammer 767.51
7476 10/21/08 LarsonAl€en LLP 7,200.00
7477 10/21/08 Minnesota State Treasurer 389.19
7478 10/21/08. QWEST 184.92
7479 10/21/08 Press Publications 81.60
7480 10/21/08 Ramsey Cty.League of Local Governments 100.00.
7481 10/21/08 Ramsey County 12,729.35
7482 10/21/08. TR Computer Safes, LLC 1.15.00
7483 10/21/08 Teresa Tice 150.00
7484 10/21108 BiII Weigel:Signes 213.50
7485 10/21/08 Waste. Management 3.45 03:.
7486 10/21/08 City :of White Bear Lake 1,403.33
7487 10/21/08 White Bear Township 6,375.78
7488 10/21/08 VOID
7489 10/21/08 Xcel Energy. 444.131.
7490 10/21/08 Lund -Martin. Construction' 35,313.00
7491 10/21/08 Metropolitan Council 1,8u6.75
7492 10/21/06 Metropolitan Council 1,436 63
7493 10/21/08 One Call Concepts 23 20.
Total 73,122.33
10/20f08 at 09:42:56.86 Page:.1
City of Gem Lake
Cash Disbursements Journal
For the Period From Oct 21, 2008 to Oct 21, 2008.
Filler Criteria includes: Reportorder is by Check Number,. Report is panted: in Detail Format
Date Check.# Account ID Line Description Check Description Debit Amount Credit Amount
10/21/0.8 7472
10121/08 7473
10/21/08 7474
10I21Y08 7475
10 0-411.900-352. September Newsletter
100-41900-200 September Postage
100-41900-352 October Newsletter
100-41900-200 October Postage
100-41900-450 National Night Out Supplies
100-41400-200 Newsletter Supplies
100-10100 Gretchen Artig Swornley
100-41900-322`
100-10100
Newsletter Costs
October Web Site Maint & Hosting Web Site Maint & Hosting - Oct
Ryan Green
100-41600-304 General Counsel - September
10041600-305 Land lssueS - September
100-10100 Kelly & Lemmons, PA
100.-41940-.300 Building Maintenance. 8120 - 9/18
1004194.Q1-210 Supplies - 8/20 - 9/18
100-41940-300 Building Maintenance gal -.10/15
100-41.940 210: Supplies - 9/21 - 10/15
100-10100 Todd licirchhernmer
10/21/08. 747E 100-41500=301 FINAL Billing - 2007 Audit
100-10100 LarsonAllen LLP
10/21/08 7477 100-32220 Surcharges - 3rd Quarter 2008
100-10100 Minnesota State Treasurer
10/21t08 7478 100-41940-321 Phone6/13-10/12.
100-41940-321 Phone 10/13 -11112
100-10100 QVVEST
10/21/08 7479 100-41900-351 Ordinance Notice
1.00 .10100 Press Publications.
10/21/08 7480 100-41900436 2008 Membership Dues
100-10100 Ramsey Cty League of Lace' Governments
10/21/08 7481 100-42100-305 September- Sheriff
100.42100-305 October- Sheriff
100-42100-307 September- [Dispatch
100-42100-307 October - Dispatch
100-10100 Ramsey County
September Legal
Building Maint - 8/20-10/15
2007 Audit - FINAL Billing
Surcharge.- 3rd Quarter
9/13 - '11/12. Telephone
Ordinance Publication
2008. Membership. Dues..
Sheriff& Dispatch
266.88
118.00
314.92
118.00
100.00
28.80.
50.00
1,154.07
892.25
280.00
193,75
240.00
53.76
7,200,00
389,19
92.4E
92.46
81.60
100.00
5,159.18
5,159.18
205.50
205.50
10/21/08 7482 100-42401-304 PermitWorks - Logo on Permits PermitWorks Reports 115.00
100-10100 TR Computer Sales, LLC
946.60
60.00
2.046132
767..51
7,200.00
389:1.9
184.92
81.60
100.00
12, 729.36
1.15.00.
10/20/08 at 09:42:56.92 Pages 2
City of Gem Lake
Cash Disbursements Journal
For the Period From Oct 21, 2008 to Oct 21 2008
Filter Crilenaincludes:.Report order is by Check Number,. Report is panted in Detail Format.
Date. Check # Account ID Line Description Check Description Debit Amount Credit Amount
10(21l08. 7483
10/21/08 7484
10/21/08 7485
10/21/08 7486
100.41400-332 Minutes - 9116 Meeting
100-10100 Teresa Tice
100-41410-309
100-10100
Voting Location Change Signs
Sill Weigel Signes
100-41900-384 Recycling - October 2008
100-10100 Waste Management
100-42200-311 Fire Services - October
100-42200-312 Fire Marshall - October
100-10100 City of White Bear Lake
10/21/08 7487 100-41400 308 Clerk -Treasurer
100-41500-329 Finance Officer
100-42401-313 Building Inspector
100-41910-308 Planner
100-42401-316 Building Secretary
100-42401-316 Paralegal
100-41400,308 Paralegal
100-41500-329 Accounting Clerk
100-41410-308 Accounting Clerk
100-41400-200 Supplies/Postage/Mileage
600-44100-329. Finance Officer
100-41500-329 Accounting Clerk
600-44100-329 Public Works Coord - Sewer Repair Bids
Recording .Secretary
Signage.
Recycling Charges
Fire Services
Prof Sery - 911 - 10/12
150.00
213.50
345.03
1,075.58
327.75
312.00
2,205.00
660.00
1,085.00
123.50.
10.75
129.00.
45.00
405.00
98.03
1,050.00
90.00
162.50
150.00
213.50
345,03
1,403.33
100_10100. 1,302.50
600-10100 1,302.50
100-10100 White Bear Township 6,375.78
10/21/08 7488 100-10100 VOID
10/21/08 . 7489 100-41940-381 Electnc - Heritage Hall Gas.& Electnc 335.52
100-41940-383 Gas - Heritage Hall 32.34
100-43122-382 Street Lights 76.75
100-10100 Xcel Energy 444.61
10/21/08 7490 402-48000-520 Payment#10 Payment:#10 36,313.00
402-10100 Lund -Martin Construction 36,313.00
10/21/08 7491 600-34420. SAC' - 3rd Quarter 2008 : SAC - 3rd Quarter 1,806.75
600-10100 Metropolitan Council 1,806.75
10/21/08 7492 600-44100-318 November 2008 Charges MCES.Charges - November 1,436.63
600-10100 Metropolitan Council 1,436.63
Page:. 3
I Q/20108 at 139:42:56.95
City of Gem Lake
Cash Disbursements Journal
For the Period From Oct 21, 2008 to Oct 21, 2008
Filter Criteria includes: Report order is by Check Number. Report is pnnted in Detaill. Format.
Date Check 4 Account .ID Line Description Check. Description Debit Amount Credit Amount
10/21/08 7493. 600-44100-319 September. Locates September Locates 23.20
600-10100 One .Call Concepts
Total
23.20'
74,424.83 74,424.83
NO.0810
EXTRACT OF MINUTES OF A MEETING OF THE CITY
COUNCIL OF THE .CITY .OF GEM LAKE, MINNESOTA
HELD. ON OCTOBER 21st, 2008
Pursuant to due call and notice thereof, the Regular Meeting of the City Council of the City of Gem
Lake, Minnesota, was duly held in said City on October 21, 2008, at 7:00 O'clock p.m.
The following members were present: Councilors; Emeott, Watson, Artig-Swomley, Rasmussen
and: Schilling; and the following members were absent none,
Councilor Schilling introduced the following Resolution and movedits adoption:..
RESOLUTION CERTIFYING DELINQUENT SEWER. CHARGES
(AUDITOR NO. 37090001) TO .COUNTY AUDITOR. BE IT RESOLVED BY THE
CITY COUNCIL OF GEM LAKE, MINNESOTA
1. That pursuant to Section 4,13.2, of Ordinance No. 64E, the Clerk, is hereby authorized
and directed to certify to the Auditor of Ramsey County, Minnesota, the delinquent sewer charges on the
following: described parcels of realestate in the City of Gem Lake:
PROPERTY ID NO. AMOUNT
27-30-22-43-0014. $ 197.00
27-30.-22-42-0004 539.00.
$ 736.00
The motion of the adoption of the foregoing Resolution was duly seconded by Councilor Watson,
and upon vote being taken thereon, the following voted in favor thereof: Councilors; Emeott, Watson and.
Schilling, the following voted against the same: None.
Whereupon said Resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF GEM LAKE
[, the undersigned, being the duly qualified and acting Clerk of the City of Gem Lake, Minnesota,.
DO HEREBY CERTIFY, that I have carefully compared the attached and foregoing Extract of Minutes of
the Regular Meeting of the City Council of said City held on the 21st day of October, 2008, with the original
on file in my office and that the same is a full, true and complete transcript therefrom insofar as the same
relates to a Resolution directing certification of Delinquent Sewer Charges.
WITNESS my hand as such Clerk and the City Clerk's seal this 21st day of October, 2008.
CITY CLERK
CITY OF GEM. LAKE, MINNESOTA
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 87
AN ORDINANCE FOR AN ADD -ON SECTION TO THE BUILDING CODE
ORDINANCE(78C) FOR CONTRACTOR LICENSING AND BONDS.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. AMENDMENT. Ordinance 78C is hereby amended by adding the
following section to the end of the substantive text of the Ordinance. The current Section
7, Adoption and Enactment, is hereby re -numbered as Section 8.
SECTION 7. LICENSES AND BONDS.
7-1. Before any person, firm or corporation shall engage in the business of doing
orr performing any of the various types of work listed in this section, they must
show proof of being licensed and bonded by the State of Minnesota. Those not
being required to be licensed by the State of Minnesota then must obtain a license
from the City of Gem Lake before engaging in their type of business. Some may
be required to obtain a surety bond for work in the City in the amount of $10,000,
as stated in the City's fee schedule, which shall be adopted by the City Council by
ordinance from tame: to time:
1. Cement work, cement block work, cement block laying or brick work.
2. General construction including erection, alteration or repair of
buildings.
3. The moving or wrecking of buildings.
4. Plastering, outside stucco work or lathing.
5. Electrical wiring.
6. Plumbing including installation of outside sewage disposal plants.
7. Heating.
8. Gas installation including heating, appliance devices or machinery, etc.
9, Well drilling.
10. Roofing.
11. Sign and billboard erecting.
12. Excavators (for basements, foundations, grading of lots, etc,).
13, Driveway contractors.
14. Outside sewer and water installers.
7-2. Licenses shall be obtained from the Clerk of the City. Applications for
licenses shall be filed with the Clerk on the forms furnished by the. City. The fee
for each license shall be as established from time to time by City Council
Resolution.
7-3, All licenses shall expire on January following the date of issuance unless
sooner revoked or forfeited. If a license granted hereunder is not renewed
previous to its expiration then all rights granted by such license shall cease and
any work performed after the expiration of the license shall be in violation of this
code.
7-4, Persons, firms, or corporations renewing their licenses after the expiration
date shall be charged the full annual license fee. No pro -rated license fee shall be
allowed of renewals.
7-5. A license granted to a contractor shall include the right to perform all of the
work for which he is licensed. Sub -contractors on any work shall be required to
comply with the sections of this code pertaining to license, bond, qualifications,
etc. for his particular type of work,
7-6. Each applicant for a license shall satisfy the governing body that he is
competent by reason of education, special training, experience and that he is
equipped to perform the work for which a license is requested in accordance with
all state laws, City Ordinances and this Building Code. Each applicant for a
heating license shall further satisfy the governing body that he already had a valid
license or competency card from another municipality in the St. Paul -Minneapolis
Metropolitan Area.
7-7. The governing body shall have the power to suspend or revoke the license of
any person, partnership, firm or corporation, licensed under the regulations of this
code, whose work is found to be improper or defective or so unsafe as to.
jeopardize life or property providing the person holding such license is given
twenty (20) days notice and granted the opportunity to be heard before such
action is taken. Hand when such notice is sent to the legal address of the licensee
and he fails or refuses to appear at the said hearing, his license will be
automatically suspended or revoked five (5) days after the date of the hearing.
7-8. When a license is suspended, the period of suspension shall be not less than
thirty (30) days nor more than one (1) year, such period being determined by the
governing body.
7-9. When any person, partnership, firm or corporation holding a license as
provided herein has been convicted for the second time by a court of competent
jurisdiction for violation of any of the provisions of this code, the governing body
shall revoke the license of the person, partnership, firm or corporation so
convicted. Such person, partnership, firm or corporation may not make.
application for a new Iicense for a period of one (f) year.
7-10. No license granted under the terms stated herein shall become effective until
the licensee shall have filed with and approved by the Clerk ofthe City a policy of
public liability insurance naming the City of Gem Lake as an additional insured
which shall remain and be in force and effect during the entire term of said license
and which shall contain a provision that it shall not be canceled without ten (10)
days written notice to the City Clerk. Public liability insurance shall not be less.
than an amount established by City Council Resolution..
7-12. Each applicant for a permit to move a building or electrical transformer over
any street or public right-of-way must satisfy the Building Inspector that he is
provided with sufficient and adequate insurance to protect the municipality and
the public from any and all damages which may result, either directly or
indirectly, from the moving of said building or electrical transformer.
7-13. A certificate of competency must be submitted by gas installers to qualify
for gas line installation.
7-14. All licenses heretofore issued and now in force and effect shall continue for
one year from the date of issuance. These licenses, may, upon expiration, be
renewed in accordance with the provisions of 1-4 of this Ordinance..
7-15. Persons installing sewer and water services outside buildings on private
property do not have to be licensed plumbers. They shall be classified as pipe
layers and be licensed as outside sewer installers. A surety bond shall be
furnished, conditioned that the. City and the person contracting to have the work
done by the license holder will be saved harmless from any loss or damage by
reason of inadequate or improper work performed by the holder of said license
under the provisions of this Ordinance.
SECTION 2. SEVERABILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid in any court of competent jurisdiction,
such decision shall not affect the validity of the Ordinance as a whole, or of any part
hereof other than the part held to be invalid.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force
from and after its passage and publication.
Dated
Paul Emeott — Mayor WilliamShort - Clerk
CITY OF GEM LAKE
4707 Hwy 61 # 253
White Bear Lake, MN 55110-3227
Telephone 651-747-2790
PUBLIC NOTICE NO. 2008-16
DATE: 5 November 2008
FROM: Paul Emeott. Mayor
TO: Press Publications, Legal Publications :@ Iegals@presspubs.com
RE: Legal Notice To Be Published
To Whom. It May Concern,
The. following Legal. (Public) Notice is to be published in the Legal Notices Section of the
November 12, 2008 edition of the White Bear Press. Please confirm receipt and verify contentis in
acceptable form for use.
CITY OF GEM LAKE
PUBLIC NOTICE NO. 2008-16
The following. Gem Lake city Ordinances were considered and passed by
unanimous votes of all.City Council members present at the October:21st,
2008.meeting of the Gem Lake.City Council..These Ordinances were
considered at public hearings held by the City Council in 4 February 2008 and
October 6, 2008 at City Council workshops.
1) Proposed Ordinance No: 87 An Ordinance to require city licenses for
certain home construction contractors
2) Proposed Ordinance No.. 88 An Ordinance requiring escrowing of funds for
Zoning changes
3) Proposed Ordinance No. 89 An Ordinance requiring escrowing of funds for
Sub -divisions
4) Proposed Ordinance No. 92 An Ordinance.describing environmental review
procedures for proposed projects
5) Proposed Ordinance No. 95 An Ordinance establishing regnlations.for operation
:Of pawnbroker shops
6) Proposed Ordinance No; 100 An Ordinance requiring iandscapiug of new
construction and requiring maintenance of
existing landscaping
Thcfollowing Gem Lake City Ordinances were coris1dered and passed by
tinanimous..votes of all City Council present at.the,October21st,
2008 meeting of the Gem Lake City Council.. The following City Ordinances
were considered.at a..public hearing held bythe City Council at. the. October
6, 2008 City:Council workshop;
7) Proposed Ordinance No. 102 An Ordinance making revisions to the charitable
gambling ordinance allowing the: bartender to. sell
pull -tabs; ete from the bar.
8) Proposed Ordinance No; 104 An Ordinance proposing changes in the GB [I zoning
district in the Zoning Ordinance.
Copies of these Ordinances arc available at the City Clerks Office at 1281 Hammond
Rd. in White Bear Lake, MN and will be published on the City of Gem Lake.wehpage
at Gemlakemn.org.
Is! Paul Emeott
Mayor of Gem Lake
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO.88
AMENDMENT TO SECTION 17 OF THE ZONING ORDINANCE REGARDING
SUPPLEMENTAL COSTS
THE CITY COUNCIL OF Hit CITY OF GEM LAKE ORDAINS:
SECTION 1. AMENDMENT. Section 17.8.2 of Ordinance 43H is amended as. follows
(deleted portions struck through, added portions underlined):
17.8,2 Supplemental Costs. In addition to application fees, the City shall require
payment of supplemental costs related to an action or application including, but
not limited to: attorney's fees, fees of outside experts; staff time; direct expenses
exceptional to the effort and as identified by City staff. The applicant shall
deposit funds with the City, to be held in escrow, for payment of these
supplemental costs, as determined by the City Council in ordinances adopted from
time to time setting forth fees and charges for City services. Any application fees
shall be applied to the costs incurred by the City. All expenses and costs incurred
by the City in connection with an application under this Ordinance shall be borne
by the applicant, and paid prior to final action on the application. Any amounts
remaining from a deposit posted by an applicant shall be refunded to the applicant
within thirty (30) days after final action on the application.
SECTION 2. SEVERABILITY, Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid in any court of competent jurisdiction,
such decision shall not affect the validity of the Ordinance as a whole, or of any part
hereof, other than the part held to be invalid.
SECTION 3. Elli'J CTIVE DATE. This Ordinance shall take effect and be in force
from and after its passage and publication.
Dated
Paul Emeott — Mayor William Short - Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 89
AN ORDINANCE DESCRIBING THE CHANGES IN FEES INCLUDING A
CONSULTANT ESCROW FOR THE SUBDIVISION ORDINANCE
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION I. AMENDMENT. Section 11.2 of Ordinance:58C: is hereby amendedas
follows (deleted portions struckthrough, added portions underlined):
11.2 PRELIMINARY PLAN.
11.2.1FILING - the subdivider shall submit to the Zoning Administrator the
following:
A) A completed Subdivision Application form
B}.Ten (10) copies of the Preliminary Plan and at least one reduced.(S '/ X
11 or 8 % X 14) Preliminary Plat.
C) The required fees. The base.:fee fora SL hdiVision tipplication shall he
est€abffslecl bv the City 1 OunLllfrom time to me anti published;will/ all
other City!;fees and char eS. This fee is non-refundable:In�addition to the
basefee.: the subdivide!, shalldeposit funds with the.Citv:toj pavincntof
evensesincurreci th ouwt staf I'tinie .and from ail outside sources
irrcluciiii?.L but not limited to. eriuinecrs, attorneys. and outside consultants
el/gloved specifically.for review arrd processinee Lhc mlic !Boll The
deposit shaft bebased on the C its t'leek's estimate of staff andconsuliant
tithe : iecttlii'ed, but in no case shalt the pos t_exceed_on ereenLwf_z cil'
Ille...eurrent-:year market of the land to be subdivided is letel mined
by the RaMSOv County Assessor. Any amount over the base lee not
Lapenilcd ;by thecity +riI be refunded within thirty (30) dav of lual,.
u !ion on the arkpiicaiionfincii,platip ilov if ctpi+f et/lion denial),
Expenses m excess of the filing fee and d .posit that the City incurs shall
be borne by the sub -divider and paid prior to final approval.
D) Any applications for Variances from tile provisions of this Ordinance.
or applications. for Variances or Special Uses as provided for in the other
Gem Lake Ordinancesand the required fee(s) for such action.
E) A. list of all property owners located within three hundred fifty (350)
feet of the subject property, obtained from and certified by Ramsey
County or the City of Gem Lake.
- i Deleted: This fee shall he used by the
City for the.expenses of.apprvi:inr, or
denying the Prel'nninary. Plan.
F) An executed Cost Sharing Agreementindicating the applicants
understanding thathe/she agrees to reimburse the City for all expenses
incurred through staff time and from all outside sources including, but not
limited to,engineers, attorneys, and outsideconsultants employed
specifically for review andprocessing the application.
SECTION 2. SEVERABTLITY.. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid in any court of competent jurisdiction,
suchdecision shall not affect the validity of the Ordinance as a whole, or of any part
hereof, other than thcpart held tobe invalid.
SECTION 3. EFFECTIVE DATE. This Ordinance shall takeeffect and be in force
from and after its passage and publication.
Dated
Paul Eineott Mayor William Short - Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA.
ORDINANCE NO. 92
AN ORDINANCE DESCRIBING TIIE ENVIRONMENTAL REVIEW PROCESS
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. State law adopted. The City of Gem Lake hereby adopts the provisions
of Minnesota Statutes, § 116D.04 and 1160.045, and Minnesota Rules Chapter 4410, as
those laws and rules may be amended or altered from time to time, and makes those.
provisions a part of this ordinance as if fully set out herein.
SECTION 2. Application. The provisions of this ordinance shall apply to all land use
applications submitted to the. City, including but not limited to zoning amendments,
planned unit development applications, subdivision applications, shoreland and wetland.
permits, variances, conditional use permits, and nonconforming use permits. The intent
of this ordinance is:. to standardize the City's process for determining when to require
review by Environmental Assessment Worksheet ("EAW") or Environmental Impact
Statement ("EIS").
SECTION 3. Determination ❑f Need for Environmental Review.
3.1 The City Planner shall be the person responsible for the administration of this
ordinance, and the rules adopted by reference by this ordinance.
3.2 The City Planner shall be responsible for determining whether an action for
which a permit is required is an action for which an EAW is mandatory under
Minn. R. 4410.4300 and/or an EIS is mandatory under Minn. R. 44 10.4400. The
planner shall also determine those proposed actions for which a discretionary
EAW may be required under Minn. R. 4410.1000, subp. 3, and shall notify the
Planning Commission and the City Council of these proposed actions.
3.3 If the : City Planner identifies a proposal as potentially requiringa
discretionary EAW, or if the City receives a petition for EAW determination from
the Environmental. Quality Board, the decision to require an EAW must be made
by the city council. The planner's notice or EQB petition shall be referred to the
Planning Commission, which shall make a recommendation to the City Council.
The city council's decision on whether or not to require an EAW shall take place.
no later than 30 days from receipt of the planner's notice or petition from the
EQB. Notice of the council's decision shall be sent to the proposer within five (5)
days of the decision. Copies of this notice shall also be sent to the EQB and
petitioners' representative if thedetermination was triggered by a citizen petition.
3.4 If the. City Planner identifies a proposal as requiring mandatory
environmental review, the planner may require that review process to begin
immediately.
SECTION 4. Procedures on Determination that EAW is Required.
4.1 If an EAW is required, the proposer of the project shall submit an
"Application for Environmental Review" along with the completed data portions
of the EAW. The applicant shall agree in writing, as a part of the application, to
reimburse the City prior to the issuance of any permits for all reasonable costs,
including legal and consultants' fees, incurred in preparation and review of the
EAW. The proposer shall make a deposit of five thousand dollars ($5,000.00)
with the City Treasurer to be held in escrow for the payment of these costs. Any
unexpended funds remaining after final consideration of the EAW by the city
council shall be returned to the proposer within thirty (30) days of the council's
decision.
4.2 The City Planner shall promptly review the application for completeness and
accuracy. If the city planner determines that the submittal is incomplete, the
submittal shall be returned to the proposer for completion of the missing data. If
the city planner determines that the submittal is complete, the proposer shall be
notified of the acceptance of the submittal within five days. The City shall have
30 days from notification to add supplementary material to the EAW, if
necessary, and to approve the EAW for distribution.
4.3 Upon completion of the EAW for distribution by the city planner, the City
Clerk shall provide mailed notice of the availability of the EAW and date of the
meeting at which the Planning. Cornmission will consider the matter to all
property owners within at least seven hundred and fifty (750) feet of the
boundaries of the property which is the subject of the EAW, Said notice shall be
mailed at minimum ten (10) days before the date of the Planning Commission
meeting during which the EAW will be considered. Failure of a property owner
to receive notice shall not invalidate any such proceedings on the EAW or the
underlying land use proposal.
4.4 The City Clerk shall also send the notices, copies and other material required
by Minn. R. 4410.1500 within five (5) days of the planner's approval of the
EAW.
4.5 The City Clerk shall receive and collect all written comments on an. EAW
submitted during the 30-day EAW review and comment period. The planning
commission and city council may take public comment on the EAW during the
30-day period, provided that notice of the comment time is published and mailed
to the proposer at least ten (10) days prior to the date the commission or council
plans to take public comment.
4.6 When reviewing an EAW or EIS, city staff and the. Planning Commission may
suggest design alterations which would Lessen the environmental impact of the
action. The City Council may require these design alterations to be made as a
condition for approving the land use proposal when it finds that the design.
alterations are necessary to lessen the environmental impact of the action.
4.7 The Planning Commission shall review the EAW and all public commentary
after the close of the comment period, and make a recommendation to the City
Council regarding the need for an EIS. The City Council shall meet no less than 3
days and no more than 30 days after the close of the comment period to decide.
whether an EIS is needed for the land use proposal. Both the Planning.
Commission and the City Council shall use the standards and procedures set forth
in Minn. R. 4410.1700 to guide their recommendations and decisions.
SECTION 5. Procedure when an EIS is required. The City shall apply and follow the
guidance of Minn. Stat. § 11611045 and Minn. R. 4410.2000 4410.3000 in the
preparation and review of a required EIS.
SECTION 6. Prohibition on Approvals During Environmental Review. No permit
for an action for which an EAW or an EIS is required shall be issued until all costs of
preparation and review which are to be paid by the applicant are paid, and al] information
required is supplied in adequate detail and until the environmental review process has.
been completed as provided in this article, and pursuant to any written agreements
entered into by the applicant for the permit or permits and the City Council.
SECTION 7. Severability. It is the intention of the City Council that the several.
provisions of this Ordinance are separate and that it any court of competent jurisdiction
shall adjudge any provision of this Ordinance or application thereof to be invalid, such
judgment shall not effect other provisions of this Ordinance not specifically included in
such j udgment.
SECTION 8. Effective date. This Ordinance shall take effect and be in force after its.
passage and publication.
Dated
Paul Emeott — Mayor William Short - Clerk
CITY OF GEM LAKE, RAMSEY COUNTY,. MINNESOTA
ORDINANCE NO.. 95
AN ORDINANCE DESCRIBING REGULATIONS FOR THE.LICENSING OF A
PAWNBROKER BUSINESS AND FORA PAWNBROKER
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. State law adopted. Except as further specified by this Ordinance, the
City of Gem Lake hereby adopts the provisions of Minnesota Statutes, Chapter 325J,
with reference to definitions, eligibility, business operations, records, charges, and
locations, as those provisions may be amended from time to time, and intends to make
those provisions a part of this ordinance as if fully set out herein.
SECTION 2. License required.
2.1 A person may not engage in business as a pawnbroker or otherwise portray
the person as a pawnbroker unless the person has a valid license authorizing
engagement in the business. Any pawn transaction made without benefit of a
license is void.
2.2 A separate license is required for each place of business. A person may obtain
rnore than one license if the person complies with this chapter for each license.
Licenses are issued for the premises described in the application and shall not be
transferable to a different location.. A failure to comply at any one. location may
be grounds fox revocation of all licenses held by the person.
SECTION 3. Application Procedures.
3.1 An application for a pawnbroker license shall be filed with the City. Clerk,
along with the license fee, which shall be set by the City Council from time to
time and published with other city fees and charges.
3.2 The City shall request a background investigation of the applicant, and report
the results of said investigation with the forwarded application. The applicant
shall pay an investigation fee of no more than $500, set by the City Council from
time to time, for investigation within the State of Minnesota. Should the. City or
the Bureau of Criminal Apprehension determine that investigation outside the
State of Minnesota is necessary, the applicant shall pay for the cost of the
investigation, up to $1 a 0Q4.00, through the city.
3.3 The Clerk shall forward the completed application to the Planning
Commission for review and recommendation to the. City Council. The City
Council shall hold a public hearing on the application. Notice of the hearing shall
be mailed, at least ten days prior to the date of the hearing, to the owners of all
properties located within 350 feet of any lot line of the property on which the
pawnbroker operation is proposed. The notice shall also be published in the
official newspaper at least ten days prior to the date of hearing. After conducting
the hearing, the City Council may grant or refuse the application in its discretion.
3.4 All licenses shall expire on the last day of December of each year. Each
license shall be issued for a period of one year except that if a portion of the
license year has elapsed when the application is made, a license may be issued for
the remainder of the year for a pro rata fee. In computing such fee, any unexpired
fraction of a month shall be counted as one month.
3.5 Each person holding a pawnbroker license shall apply to the City Clerk each
January for renewal. Prior to issuance of a license renewal, the City Clerk shall
determine that all licensing conditions and city ordinances are being met.
SECTION 4. Conditions Upon Licenses.
4.1 Before any person shall be licensed as a pawnbroker under this ordinance,
such applicant shall file with the City Clerk a bond in the sum of five thousand
dollars ($5,000.00) with a duly licensed surety company as surety thereon, with
such surety bond to be approved by the City Clerk and such bond to be approved
as to form and execution by the City Attorney. Conditions of such bond shall be
that the licensee shall observe the sections of this Ordinance or other city
ordinances in relation to the business of the pawnbroker and that such licensee
will conduct such business in conformity therewith and will account for and
deliver to any person legally entitled thereto any goods, wares or merchandise,
article or thing which may have come into the possession of such licensee as
pawnbroker or, in lieu thereof, such licensee shall pay in money to such person
the reasonable value thereof.
4.2 The pawnbroker's pretnises must be in compliance with all applicable zoning,
building and fire codes.
4.3 If a pawnbroker shall receive notice through publications, advertisements, or
any other means that any goods, articles or things in the licensee's possession are
lost or stolen, the licensee or an agent thereof shall immediately give information
to either the City Clerk or the Ramsey County Sheriffs Department that the items
are in the licensee's possession. The licensee shall not thereafter dispose of the.
goods, articles or things except upon written authority from the City Clerk or
Ramsey County Sheriff.
4.4 Any licensee shall immediately report to the Ramsey County Sheriff's
Department any attempt to sell, trade or barter any merchandise with a serial
number that has been removed, altered, obliterated or otherwise defaced in
violation of state law.
4.5 No licensed premises shall open for business before 8:00 a.m. or remain open
after 9:00 p.m. on any day of the week.
SECTION 5. Revocation, Appeal. A license may be suspended or revoked for failure
to comply with this Ordinance or the provisions of Minnesota Statutes incorporated
herein.
5.1 No expiration, revocation, suspension, or surrender of any license shall impair
or affect the obligation of any preexisting lawful contract between the licensee
and anypledgor.
5.2 The City Clerk shall suspend a pawnbroker license where compliance with
the licensing conditions of city ordinances cannot be obtained. The suspension
shall extend for three months or until the license holder demonstrates compliance
with this ordinance and other applicable law to the city- The City Clerk shall
revoke the license of a pawnbroker in the event of confirmed noncompliance with
this ordinance or other applicable law, conviction of the license holder or an
employee of the licensed operation of a crime which would make the person
ineligible to maintain a pawnbroker license under Minn. Stat. § 3251.03, or where
the licensed operation has been. discontinued.
5.3 The holder of a license whose license has been suspended or revoked by the
City Clerk may appeal the decision to the City Council. To request an appeal, a
written letter or request must be submitted to the City Clerk within 30 days of the
adverse license action. The City Council shall hold a public hearing on the
appeal, using the notification procedures in section 3.2. After conducting the
public hearing, the Council may uphold the adverse action taken by the Clerk,
overturn the findings of the Clerk allow the license to continue, reduce a
revocation to a suspension for a term set by the council, or allow continuation
with additional conditions imposed upon the license..
5.4 When applying additional conditions or ordering a suspension, the Council
may direct that it receive a follow-up report at a time prior to the . annual license
renewal.
5.5 The City Clerk shall notify the Ramsey County Sheriffs Department of any
licensee whose license has expired or been surrendered, suspended, or revoked as
provided by this chapter.
SECTION 6. Severability. It is the intention of the City Council that the several
provisions of this Ordinance are separate and that it any Court of competent jurisdiction
shall adjudge any provisions of this Ordinance or application thereof to be invalid, such
judgment shall not effect any other provisions of this. Ordinance not specifically included
in such judgment.
SECTION 7. Effective Date. This Ordinance shall take effect and be in force from and
after its passage and publication.
Dated:
Paul Emeott —Mayor William Short Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 100
AN ORDINANCE DEFINING LANDSCAPING REQUIREMENTS FOR LOTS AND
PARCELS IN BOTH RESIDENTIAL AND NON-RESIDENTIAL ZONING DISTRICTS AND
REQUIRING THE CONTINUED MAIN'PINACE OF ALL ES"I'ABLISHED LANDSCAPED
AREAS
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1 TITLE
This ordinance shall be known, cited and referred to as the "Landscaping Ordinance" except as
referred to herein, where it shall be known as "this Ordinance."
SECTION 2 INTENT OF COUNCIL
2.1 Purpose. The purpose of this Ordinance is to clearly express the City of Gem Lake's intent
for all properties in the City to be landscaped and to have the landscaping maintained with care.
Properties shall be landscaped to improve the environmental performance of all properties in the
City as well as to meet the aesthetic needs of the general public.
2.2 Landscaping Goals. All landscaping must be designed to protect, preserve, and promote the
aesthetic appeal and overall value of the property. The quantity and quality of the landscape
design should be compatible with the described use for each parcel in a zoning area and the
intended use of the property. The preservation of desirable vegetation is a goal which should be
addressed prior to any new construction, land filling, land changes or expansion of existing use
areas.
2.3 Landscape standards. The landscape standards set forth in the Ordinance will promote
harmonious development in the City, increase the desirability of residences, encourage
investment or occupation in the City;optimize use and value of land and improvements, increase
the stability and value of property, and add to the conditions affecting the peace, health and
welfare of the City.
Landscaping standards are essential to ensure compatible relationships between land uses within
a community. All uses allowed as either permitted or conditional uses within the City's various
zoning areas shall conform to the following general provisions and performance standards.
2.4 Landscaping Maintenance. It is also important that all landscaped areas shall be properly
maintained. Minimum maintenance standards for all landscaped areas are described in Section
18 of this Ordinance.
SECTION 3 DEFINITIONS
Annual. A plant, usually a flowering species,. which lives far only one (I) .growing
season.
Berm. An earthen mound designed to provide visual interest, screen undesirable views or
decrease noise.
Coniferous/Evergreen Tree. A woody plant which, at maturity, is at least thirty (30) feet
in height, with a single trunk, fully branched to the ground, having foliage on the
outermost portion of the branches year round. This plant also retains its green color year
round and does not drop its fronds or needles in the winter.
Deciduous Tree. A woody plant which, at maturity, is at least twenty (20) feet in height,
with a single trunk, un-branched for several feet above the ground, having a defined
crown which loses leaves annually. This plant loses its foliage and becomes dormant
during winter months.
Fire Break. An area thirty (30) feet from the edge of any primary structure in which all
brush is cleared and any grasses are maintained at a height of 4 inches or lower. Single
specimens of trees, ornamental shrubbery, or similar plants which are used as ground
cover may be maintained within a fire break area if they do not form a means of rapidly
transmitting fire from the native growth to any building or structure.
Ground Cover. Plants which are. used for .accents and/or soil stabilization and are
typically thirty-four (3.4) inches or less in height.
Growing. Season. The growing season shall run from May 1 through October 31.
Landscaping. The operation of designing and installing a integrated system of turf,
plants, shrubs and trees into a planned design to give a sense of continuity between
structures and land.
Large Evergreen Tree. Large evergreen which reaches a mature height of fifty (50) feet
or greater.
Mulch. A protective covering of materials placed around plants to control weeds and.
moderate evaporation of moisture or freezing. Examples of mulch include organic mulch
such as wood chips, shredded hardwood, or cocoa beans and inorganic mulch such as
stones or rocks, Materials which create an impermeable cover shall not be considered
mulch.
Native Grasses and Forbs. These are grasses and flowering board -leaf plants which are
indigenous to the State of Minnesota. Native grasses include Bluestem, Indiangrass and
Prairie Cordgrass.
Native Plants. These are plants which were present in Minnesota before European
settlers arrived, circa 1800.
Natural Area. Any wetland and flood plain designated on the official zoning map of the
City and any area of mature woodland, prairie and meadow vegetation native to
Minnesota.
Natural Barrier. A tree, shrubbery or. earth barrier that acts as a visual or noise barrier
from roads, railroads and differing land uses.
Non-native or Exotic Plants. Plants which have been introduced into Minnesota from
Eurasia, or by accident since the 1800s.
Noxious Weed. Any plant which is identified by the Commissioner of Agriculture ofthe
State of Minnesota as a noxious weed pursuant to Minnesota Status Section 18.171,
Subd.5. Noxious weeds include poison ivy, hemp and bull thistle.
Ornamental Grasses or Ground Covers. Non-native grasses and ground covers used as
part of a planned landscaped area. Ornamental grasses do not include turf grasses.
Ornamental Tree. A deciduous tree with a mature height of less than thirty (30) feet.
Overstory Tree. Large deciduous shade producing trees with a mature height of over
thirty (30) feet.
Perennial. A plant, usually a flowering species, having a life span of more than two (2)
years. It also appears and blooms every year.
Performance Bond. A bond with good and sufficient sureties, approved by the City
Council, which is conditioned upon satisfactory implementation of an approved plan and
which names the City as oblige.
Planned Landscaped Area. An area where flowers, vegetables, ground covers; trees,
shrubs, ornamental vegetation and native vegetation are planted as part of a design.
Planting Schedule. A listing of all plants to be installed which identifies their common
name, botanical name, plant size, ,root type and quantity to be installed.
Restoration Area. An area in which native grasses and forbs are being or have been
intentionally re-established by human means.
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Screening. A natural or man-made barrier to exclude noise, light or other items from
bordering areas.
Secondary Noxious Weed. Any plant which is identified by the Commissioner of
Agriculture of the State of Minnesota as a secondary noxious weed pursuant to Minnesota
Statutes Section 18.171, Subd. 5. Secondary noxious weeds include foxtail, ragweed and
milkweed.
Shrub (Large). Deciduous shrubs with a mature natural growth. of over six (6) feet in
height.
Shrub (Medium). Deciduous shrubs with a mature natural growth of between four (4) to
six (6) feet in height.
Shrub (Small). Deciduous shrubs with a :maturenatural growth of less than four (4) feet
in height.
Spreading and Globe Evergreen. An evergreen which maintains a natural global or
spreading shape.
Steep Slopes. A slope with greater than a 3:1 change in elevation.
Turf Grasses. Grasses commonly used in law areas, including any blue grass, fescue or
rye grass blends or any other similar ground covers.
Upright Evergreen. An evergreen shrub which maintains a natural columnar or upright
shape.
Weed. Any noxious weed and secondary noxious weed and any vegetation, excluding
trees, not planted intentionally.
SECTION 4 LANDSCAPING REQUIREMENTS FOR NEW CONSTRUCTION IN
RESIDENTIAL DISTRICTS
4.1 Where to install landscaping. All front yards, boulevards and side yards of a residential
structure in any zoning area in the City shall have sod or landscaping with mulch cover properly
installed. This installation shall occur within sixty (60) days after the home is constructed upon
the lot, but no later than two hundred forty (240) days after first grading, excavating, or otherwise
disturbing the land infurtherance of construction. If home construction is completed after the
end of growing season, such Iandscaping shall be installed within sixty. (60) days of the start of
the next growing season. In rear yards, grass or mulch cover is still required, but the requirement
may be met by seeding or other measures reasonably expected to provide a grassy area in lieu of
installing sod. Silt fences and other methods to prevent soil erosion, as described in the .Zoning
4
Ordinance, shall be installed and maintained on any remaining portions of the lot that are not
sodded or properly landscaped until a stable ground cover is established.
All areas disturbed by grading which surround the principal building and accessory buildings
which are not driveways, sidewalks or patios shall be landscaped with grass, shrubs, trees or
other ornamental landscape materials.
4.2 Trees to be planted. Three (3) new trees per acre shall be installed concurrently with
sodding and seeding of the required yards. At least one (1) overstory tree and either one (1)
ornamental tree or coniferous/evergreen tree is required for each lot. Each acre may have two (2)
overstory trees as long as they are not of identical species. Existing significant trees that are
retained on each lot may be used as a credit in lieu of planting new trees, but each acre must have
at least two (2) trees.
4.3 Landscaping required after land filling or reclamation. If land filling or land reclamation
is done in a residential area, the requirements of 4.1 for landscaping following construction shall
be followed, using the date of permit expiration in place of the date of construction completion.
SECTION 5 LANDSCAPING REQUIREMENTS FOR NEW CONSTRUCTION IN NON-
RESIDENTIAL DISTRICTS
5.1 Where landscaping is necessary. For all non-residential districts, at least twenty five
percent (25%) of the land area shall be landscaped with grass, approved ground cover, shrubbery
and trees. All front yards, boulevards and side yards around a structure in all non-residential
districts in the City shall have sod or landscaping with mulch cover properly installed. This
installation shall occur within sixty (60) days after the structure is constructed upon the lot, but
no later than two hundred forty (240) days after first grading, excavating, or otherwise disturbing
the land in furtherance of construction. If construction is completed after the end of growing
season, such landscaping shall be installed within sixty (60) days of the start of the next growing
season. All areas around the structure must be finished, but seeding of large areas around the
structures is allowed in lieu of sod placement. Silt fences and other methods to prevent soil
erosion shall be installed and maintained on the remaining portions of the lot that are not sodded
or properly landscaped until a stable ground cover is established.
5.2 Parking Area Landscaping. Any parking areas in a non-residential zone that contain one
hundred (100) parking stalls or less shall include at least one unpaved landscaped island along
the driving aisles that serve as primary circulation to the site. In addition, at least one landscaped.
island shall be provided for every two hundred and twenty five (225) feet of contiguous parking
stalls.
All parking areas containing over one hundred (100) parking stalls shall include unpaved
landscaped islands for every two hundred and twenty-five (225) feet of contiguous parking stalls.
The islands shall be distributed evenly throughout the planned parkingarea space and be
positioned in a way to promote effective traffic flow through the parking area.
5
All landscaped islands in parking areas shall contain a rninimum of one hundred and eighty (180)
square feet of area and shall be provided with deciduous shade trees, ornamental or evergreen
trees, plus ground cover, mulch and/or shrubbery in addition to then minimum landscape
requirements of this Ordinance. Interior parking landscape area trees shall be provided at the rate
of one (1) tree for each fifteen (15) surface parking spaces provided or a fraction thereon,
Parking area landscaping shall be contained in planting beds bordered by a raised concrete curb
or equivalent approved by the Planning Commission,
5.3 Landscaping required in land filling or reclamation. If land filling or land reclamation is
done in a non-residential area, the requirements of 5.] for landscaping following construction
shall be followed, using the date of permit expiration in place of the date of construction
completion.
5.4. Minimum Standards in non-residential districts. In order to achieve landscaping which is
appropriate in scale with the size of the building and site, these minimum standards shall apply to.
all non-residential districts:
A. One (1) tree for every one thousand (1,000) square feet of total building floor area, or
one (1) tree for every fifty (50) feet of site perimeter, whichever ..is greater: A
minimum of thirty percent (30%) of the trees required shall be coniferous.
B. One (1) ornamental tree may be substituted for every 0.6 overstory deciduous shade.
tree. In no case shall ornamental trees exceed fifty percent (50%) of the required
number of trees.
C. One (1) large shrub for every three hundred (300) square feet of building or for every
thirty (30) feet of site perimeter, whichever is greater.
5.5 Credit for Existing Trees. The total number of new overstory trees required on a property
may be reduced by the retention of existing overstory trees, provided that the following
conditions are satisfied:
A. The trees fulfil the minimum requirements of section 8 of this Ordinance as to size
and species. The City Forester shall recommend to the Planning Commission the
amount of credit for such existing trees based upon their location and distribution in
the lot.
B. Proper precautions to protect trees during building development shall be indicated on
site grading plans submitted for plan review. The landscape performance security
shall include provisions to ensure that these precautions are followed.
5.6 Irrigation System Required. As a non-residential area is developed, an underground
irrigation system shall be required in all landscaped areas.
G
SECTION 6 GENERAL REQUIREMENTS FOR ALL DISTRICTS
6.1 Trees and Shrubs. The following nursery stock sizes shall be required at the time of
planting. All measurements shall conform to the standards set forth in the current edition of the
USA Standards for Nursery Stock. Larger plants may be used or specified at any time.
Overstory Trees
Ornamental Trees
Evergreen Trees
Large Shrubs
Medium Shrubs
Small Shrubs
Evergreen Shrubs
Upright Evergreen Shrubs
2-1/2 inches in diameter
1-112 inch in diameter
6 feet tall
36 inches tall
24 inches tall
12 inches tall
24 inches in diameter
36 inches tall
Trunk diameter shall be measured six (6) inches above the ground level for four (4) inch or less.
caliper trees and measured twelve (12) inches above the ground for four (4) inch caliper or larger
trees.
6.2 Topsoil and Planting Soil. When topsoil or planting soil is required for landscaping, the
soil shall have a pH range of 5.00 to 8.00, unless otherwise specified. All soil shall be free of
sticks, stones and other debris.
6.3 Planting Schedule. All landscaping plans shall contain a planting schedule which identified
all plants proposed to be installed, along with existing plants. Plants shall be identified by a
planting schedule which includes:
A. Quantity to be installed
B. Common name
C. BotanicaI name
D. Plant size
E. Root type (B & B, container, bare root)
6.4 Location of Plants. No plants; except flowers, ground cover or vines, shalt be placed within
two (2) feet of any building, .driveway or parking area unless specifically noted and approved on
the landscape plan.
6.5 Installation of Trees. The property owner shalt be responsible for keeping new trees in a
plumb position. When staking or guying is required, it shall occur so as not to create any hazards
or unsightly obstacles. All wires shall be encased in hose to prevent tree damage.
7
SECTION 7 NATIVE LANDSCAPES
7.1 Native Landscape Alternative. A native landscape alternative to the requirements of this
Ordinance is allowed in all zoning districts. Landscape plans, or portions thereof, approved as
"native" are exempt from the other requirements of this Ordinance. An applicant proposing a
"native landscape" shall submit a landscape plan depicting the current state of the natural area, its
location on the property, and where any restoration of native area will be done. The plan must
describe all features which make the planned restoration or retention of the area "native" as
opposed to simply undisturbed. The plan shall also show fire breaks between the planting area
and any structure.
7.2 Approval. A "native landscape" plan for restoration shall be approved if the proposed
"native" area is composed of at least 80% native grasses and (orbs, native plants, or a
combination thereof. A plan proposing to preserve or leave undisturbed an area of the property
may be approved as "native" landscaping if the specified area is composed of at least 50% native
grasses and fortis, native plants, or a combination thereof.
7.3 Maintenance of Native Landscaping. Once approved, native grass areas shall be
maintained in a neat and orderly manner without any noxious weeds, and mowed at least once
per year.
SECTIONS LANDSCAPING OF EXISITING USES.
Existing uses shall comply with the landscaping requirements listed in. Sections 4 through 6 of
this Ordinance at the time any alterations are made on the buildings and premises.
SECTION 9 SCREENING REQUIREMENTS IN NON-RESIDENT"IAL DISTRICTS
9.1 Parking Area Screening. Any off street parking area containing more than six (6) parking
spaces, any part of which is within thirty (30) feet of an adjoining residence or residential area or
across the street from any residence or residential area, and any driveway to a parking area
containing at least six (6) spaces within fifteen (15) feet of an adjoining residential zone shall be
completely screened to a height of at least three and one-half (3-1/2) feet above the parking
grade Such screening shall be accomplished through the use of earth berming, plant materials,
or a combination of both, but not walls or fencing.
9.2 Trash areas and Accessory Structures. In all non-residential districts, all trash and trash
handling equipment shall be stored within the principal structure, within an attached structure
accessible from within the principal structure, or totally screened from eye level view from public
streets and adjacent residential or non-residential zoned properties. If accessory structures are
proposed, they shall be constructed of the sane building materials as the principal structure and.
be readily served through swinging doors. Design shall be approved by the Fire Department.
9.3 Mechanical utilities screening. The ground level view of all mechanical utilities including.
roof top equipment shall be completely screened from contiguous properties and adjacent street,
or designed to be compatible with the architectural treatment of the principal structure.
9.4 Loading and service area screening. The external loading and service areas accessory to
buildings shall be completely screened from the ground level view from contiguousresidential or
non-residential properties and adjacent streets, except at access points.
SECTION 10 ADDITIONAL SCREENING REQUIREMENTS
10.1 Residential districts. In all residential districts, all waste material, debris, refuse, garbage,
fuel or materials not currently in use for construction shall be stored indoors or totally screened
from the eye level view from public streets and adjacent properties.
10.2 All zoning districts. In all zoning districts, mechanical equipment, utility meters, storage,
service area and similar features shall be completely screened from the eye level view from
adjacent properties and public streets, or designed to be compatible with the architectural.
treatment of the principal structure.
SECTION 11 SCREENING METHODS
11.1 Screening Wall or Fence. A fence or wall may be used for screening when plant materials
are provided along the outside of the fence or wall.
11.2 Earth Berms. An earth berm shall be allowed for screening, when used in combination
with plant material. A. minimum of twenty five percent (25%) of the required screening must be.
provided by the plant material.
Final slopes on berms steeper than 3:1 will not be permitted without special approval or
treatment such as. terracing or retaining walls.
Earth berms used to screen parking lots and other open areas shall be of sufficient height to
achieve screening but not to have slopes exceeding 3:1. A minimum of a two (2) foot berm is
required.
11.3 Planting Screens. All required screening or buffering shall be located on the lot occupied.
by the use, building, facility or structures to be screened- No screening or buffering shall be
located on any public right-of-way or within eight (8) feet of the traveled portion of any street or
highway.
A planting screen shall consist of healthy, fully hardy plant materials and shall be designed to
provide a minimum year round opaqueness of eight percent (80%) at the time of maturity. The
plant material shall be of sufficient height to achieve the required screening.
9
Composition of plant material for screening shall be composed of these minimum standards:
A. Not less than thirty-three percent (33%) coniferous
B. Not less than twenty-five percent (25%) deciduous
C. Not more than thirty-five percent (35%) shrubs
D. Not more than forty-five percent (45%) of one species
Planting screens shall be maintained in a neat and healthy condition. Plants which have died
shall be promptly replaced.
SECTION 12 LANDSCAPING PLANS
12.1 Content of Plans. A landscaping plan for any construction or land disturbance site shall be
indicated either on the site plan and building plan, or on a separate to -scale plan drawing. The.
landscape plan shall address the matters raised by Sections 4 through 6, as well as visually
depicting conformance with the performance standards of this Ordinance. Where streetscape
plans or other landscape guidance from the Zoning Ordinance are applicable to the proposal, the
landscape plan shall incorporate and visually depict compliance with those standards. When a
landscaping plan is required by this. Ordinance, the applicant shall submit a number of copies
equal to the number of copies of site plans required for the permit or authorization (e.g. CUP,
building permit) sought.
12.2 Submission - residential districts. If the construction is proposed as part of a subdivision,
planned unit development, or other application requiring Planning Commission review, the
landscape plan shall be submitted with the applicant's other materials for the permit or other
entitlement. In other cases, the City's building official shall ensure that such a plan exists before
issuing a building permit.
12.3 Submission non-residential districts. In non-residential districts, a detailed landscaping
site plan shall be submitted to the Planning Commission by the subdivider, developer, builder or
property owner as part 'of the application for zoning entitlement or other permit. This plan must
be approved at the same time as the site plan and building plan and the landscaping plan must be
approved before any building, demolition, grading or filling permit is issued and construction is
started. In cases where Planning Commission review is not required to issue a building permit,
such as additions to or remodeling of existing structures, the City's building 'official shall ensure
that such a plan exists before issuing a building permit.
12.4 Land filling or reclamation. Each request for a land filling or land reclamation permit in
all zoning districts shall also include a landscaping plan. This plan shall be approved by the
Planning Commission before a filling permit is issued and filling is started.
10
SECTION 13 PERFORMANCE SURETY FOR LANDSCAPING IN NON-RESIDENTIAL.
DISTRICTS
13.1 Requirements. All landscape plans for construction in a non-residential district shall be
accompanied by an owner supplied performance security which shall provide the. City with cash,.
corporate surety bond, approved letter of credit or other surety satisfactory to the. City to
guarantee the proper installation and vigorous growth of all landscape elements and screening
required.
13.2 Time period surety to remain in effect. Said surety shall remain in effect for two (2) full
growing seasons. The first year the amount of the surety shall be equal to one hundred ten.
percent (110%) of the estimated costs of plant material, installation and tree preservation. The
second year the surety shall be reduced to equal twenty-five percent (25%) of the estimated costs
of plant material, installation and tree preservation.
13.3 Requirements for lots with irrigation systems. Lots or sites provided with an irrigation
system covering one hundred percent (100%) of the area improved with landscaping need only
provide surety for one (1) full growing season.
SECTION 14 MAINTENANCE OF LANDSCAPING IN ALL DISTRICTS
14.1 Responsibility for replacing dead materials, The property owner shall be responsible for
replacement of any dead trees, shrubs, ground covers and sodding shown on a landscaping plan.
If any of these plant materials are not maintained or replaced, said plant materials will be
replaced by the City and the cost thereof will be taken from any posted surety or, if a surety does
not cover all costs, assessed to the property. In residential districts the City's replacement costs
will be assessed to the property.
14.2 Responsibility for maintenance. The property owner shall be responsible for maintaining:
the landscaping on every lot and parcel in the City in good condition. Every occupied and
unoccupied lot and parcel shall be maintained to limit the growth of weeds or poisonous or
harmful vegetation. Weeds shall include all weeds, grass, brush, wildings, second growth, rank
vegetation or other vegetation that is not growing in its proper place, having a greater height of
ten (10) inches or spread more than ten (10) inches. . Grass must be mowed and shall not be
allowed to grow more than ten (10) inches. Moving shall occur only between the hours of 8:30
a.m. and 8:30 p.m. Every property owner shall keep all yard spaces around a residence or non-
residential in a manner such that the appearance will not detract from the neighborhood
Vegetation blocking visibility on corners or along the edge of roads or strCet and unreasonably
impeding the view of motor vehicles traveling along public roadways is expressly forbidden and
vegetation that grows to cause this problem must be trimmed or removed.
11
SECTION 15 PENALTY
Any person violating or refusing to comply with the provisions of this Ordinance shall be guilty
of a misdemeanor. Upon conviction thereof, may be punished in accordance with the statutory
penalties assigned to misdemeanor offenses, as those may be changed from time to tune. The.
costs of prosecution may also be added.
SECTION 16 ORDINANCE READ 1N CONCERT WITH OTHER ORDINANCES
This Ordinance is written to complement the City of Gem Lake Zoning Ordinance, the City of
Gem Lake Tree. Preservation Ordinance, and the City of Gem. Lake Subdivision Ordinance. In
the event of conflicting requirements imposed by this Ordinance or by other Ordinances of the
City of Gem Lake, the more restrictive provisions shall apply.
SECTION 17 SEPARABILITY
It is the intention of the, City Council that several provisions of this Ordinance are separable. If
any Court of competent jurisdiction shall adjudge any provisions of this Ordinance or application
thereof to be invalid, such judgment shall not affect any other provisions of this Ordinance not.
specifically included in such judgment.
SECTION H. EFEECTIVE DATE.
This Ordinance shall take effect and be in force upon its passage and. publication.
Dated:.
Paul. Ellicott — Mayor William Short - Clerk
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CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 102
AN ORDINANCE REVISING THE CHARITABLE GAMLING
ORDINANCE ( NO. 60) BY: 1) RE -DEFINING THE CONDITIONS FOR
SELLING CHARITABLE GAMBLING DEVICES BY THE BARTENDER
FROM THE BAR OF AN ESTABLISHMENT, 2) REDEFINING HOW THE
CITY WILL USE ITS PART OF THE CHARITABLE GAMBLING
PROCEEDS AND 3) RE -DEFINING THE LICENSE REQUIREMENTS
FOR CHARITABLE GAMBLING.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1, CHANGES IN CONDITIONS FOR SALES
1) Changes to Section 5.2
A) Bars with seats for 50 or less patrons;
Amend Section 5.2 (b) as follows:
V. Lawful gambling devices shall only be operated or sold from a booth used solely
by the charitable organization, and shall neither be sold from the bar area nor sold by
employees of the licensee unless said employees are: 1) duly licensed by the State of
Minnesota, and; 2) not simultaneously employed by the licensee at the time of sale.
Licensed premises with a seating capacity of 50 or less may elect to have a, "bar
operation" in which the licensee's employees may sell and redeem approved games
from the bar area. Any licensed premises electingto use a "bar operation" must
notify the City of the change within 10 days of switching mode of operation, and
thereafter apply for renewal as a "bar operation.".
2) Changes to Section 12
Section 12. Proceeds to City From Gambling Devices, Any qualified charitable
organization selling and/or operating gambling devices in "on -sale" liquor
establishments, located in the City of Gem Lake, shall remit quarterly to the City two
percent (2%) of its net receipts (gross receipt less prizes equals net receipts) from' the sale
or operation of gambling devices, The City shall place said revenue in its
p a dedicated fund that will be used for "public needs" or will
distribute the prpceecis to other charitable organizations.
3) Changes to Section 13
Section 13. License Fee: Charitable Gambling. The fee for a charitable gambling
"on2O O f r .. elve tw(17)_month
license in an sale" liquor establishment shall be $
peried--defined in the City . of Gem Lake "Fee Schedule" which is revised from time to
time.
SECTION 2. SEVERABILITY. Should any section, subdivision, clause or other provision of
this Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall
not affect the validity of the Ordinance as a whole, or of any part hereof, other than the part held
to be invalid.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and
after its passage and publication.
Dated.
Paul Emeott - Mayor William Short - Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 104
A PROPOSED RE -WRITE OF SECTION 10 OF THE ZONING ORDINANCE
NO. 43J REGARDING USES IN THE GB4I ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. Make changes in Section 10 of Zoning Ordinance 43J so that it reads as follows:
Section 10.1 Permitted Uses
10.1.1 Within any GB II Business District, no structure or land shall be used except for one or
more of the following uses:
A) Those uses permitted in Section 12.1 (RE zoning district) and as regulated therein
except as hereinafter modified shall be a permitted use.
B) The following retail sales and service businesses: Auto sales (open sales lots require a
conditional use permit), auto repair including painting and body work, boat and marine
sales, bakery, business and trade school, cabinet and carpentry shops, electrical, heating and
plumbing, commercial greenhouse, general equipment rental providing it is conducted within a
building, dairy products processing, packaging and storage, garden supply store, printing
shops, upholstery shops, warehousing, except the storage of inflammable fluid, Mini -storage
and similar storage, and wholesale offices and show rooms.
C) Veterinary clinic or animal hospital,
D) Single family dwelling.
E} Car wash, provided off street parking space is constructed to accommodate that number
of vehicles which can be washed during a maximum fifteen (15) minute period.
F) Business offices.
G) Funeral Home or Mortuary.
Section 10,2 Permitted Accessory Uses
10.2.1 Within any "GB II" Business District, those uses or structures subordinate to the principal
use or structure on the same lot and serving a purpose customarily incidental thereto shall be
permitted subject to Section 4.5.
A) Essential services.
Section 10.3 Conditional & Interim Uses
10.3.1 Within any "GB II" Zoned Business District, no structure or land shall be used for the
following except by Conditional or Interim Use Permit.
A) Essential service structures.
B) Commercial recreation such as bowling alleys, miniature golf course, archery range,.
trampoline center.
C) Residential dwellings located within and above the first floor of a commercial building,
D) Commercial Broadcast / telecommunications towers and/or antennas.
E) Rental of vehicles and equipment including trucks
F) Open Sales (or rental) lot, subject to the lots being surfaced or landscaped to control
the dust, and all materials located on said lot shall meet front yard requirements.
Should the lot be lighted, such lights shall be so Iocated as not to have a direct source
visible from the public right -of --way or neighboring residential districts or property.
G) Open Storage Lot, subject to the lots being surfaced or landscaped to control the
dust, and all materials located on said lot shall meet front yard requirements. Should
the lot be lighted, such lights shall be so located as not to have a direct source visible
from the public right-of-way or neighboring residential districts or property.
Section 10.4 Height Regulations
10.4.1 Within any"GB 11" Zoned Business District, no principal structure shall exceed thirty-five
(35) feet in height and no accessory structure shall exceed twenty-five (25) feet in height.
Section 10, 5 Area, Frontage and Yard Requirements
1.0.5 ,1 The following minimum and maximum requirements shall be observed:
TABLE 10.5.1
AREA
15,000 square
feet
FRONTAGE
80 feet
FRONT
YARD
20 foot set-
back
SIDE YARD
10 foot set -back
REAR YARD
10 foot set -back
OPEN SPACE
10%
A) 75,0.00 sq. ft. maximum area.
B) Set -backs measured from the closest of: any lot line, road easement, road right-of-way or
the like.
10.5.2 The minimum green space requirement in this zoning district shall be:
A) Ten (10%) percent of the total lot area including right-of-ways, building, access roads,
parking lots, storage areas and the like,
B) The minimum green space requirement may be satisfied by payment of a Park Land
Dedication to the. City in the equivalent of five (5%) percent of the pre -development
property value.
SECTION 2. SEVERABILITY. Should any section, subdivision, clause or other provision of this
Ordinance be held to be invalid in any court of competent jurisdiction, such decision shall not affect
the validity of the Ordinance as a whole, or any part hereof, other than the part held to invalid.
SECTION 3. Et'it'i!1CTNE DATE. This Ordinance shall take effect and be in force from and after
its passage and publication.
Dated
Paul Emeott- Mayor William Short - Clerk
MEMORANDUM
Date: October 21, 2008
To: Gem Lake City Council
From: Jessie Hart, Treasurer
Re: 3`ct Quarter 2008 Financial Report
The year is already three quarters over. Through the 3`6 quarter of the year the General
Fund revenues are slightly above anticipated levels and expenditures are well below
budgeted levels_ Revenues and expenditures are below 2007 expenditures for the same
period
Below are the General Fund's 3rd quarter revenue and expenditures
Revenues
Expenditures
S400,000.
S0
7AN 1 .JAN 31
FEB
2007..2008 2008 % Received
3`d Quarter Budget 3`d Quarter Spent
$258,059 $435,779 $236,441 54,25%
$282,068 $435,779 $196,015 .45,00%
21:1O6 COMPARISON OF REVENUES TO EXPENSES
F .
MAR AAR
MAY JUN JUL
AUG SEP OCT
L �VSREVENUES --1,-08EXPENSES
.�
NOV
DEG
For the year the City has received 54.26% of their revenue in the first three quarters.
The revenue sources that are above their budget amounts are building related permits,
dog licenses, police state aid, interest earnings and facility rental fees: Permits are over
budget but this is due to higher than anticipated activity. Police state aid came in higher
than what was projected as did interest earnings. Facility rental fees are substantially
higher due to the agreement with the Sheriffs department that they provide the
receptionist/office manager in trade for their space rent. While the wages side had been
budgeted the revenue was not anticipated, The amount charged as wages for this
position was equal to 44.42% of staffs estimate of the Heritage Hall operations and
maintenance budget based on the space occupied by Sheriffs department.
Below is the breakdown -af third quarter revenues:
2008 2008 %
Budget 3rd Quarter Received
Property Taxes $ 395,355 $ 192,406 48.67%
Licenses and Permits 18,700 13,337 71.32%
Intergovernmental 9,337 5,593 59.90%
Charges for Services 2,001 3,074 153.60%
Fines 3,000 678 22.60%
Miscellaneous 7,386 21,353 289.11%
Total Revenues $ 435,779 $ 236,441 54.26%
5450.000 --
2008 REVENUES: BUDGETED COMPARED TO ACTUAL
S50.Ooo .................. ......-.. ..
..)AN 1 JAN.31 FEe MAR APR 1.IAY JUN UL AUG SEP OCT NOV DEC
E—x--0831.102ET •-*--OOACTUAL]
Expenditures for the year are below budget as shown below;
2008 2008 %
Budget 2" Quarter. Spent
General Government $ 295,35.3 $ 1.16,878 39.57%
Public Safety 96,175 67,314 72.24%a
Pubic Works 47,250 11,913 25.21%
Total Expenditures $ 435,779 $ 196,105 45.00%Q
5.450.000
5350.ODD
5200.000
5250,000
5200,000
5150,0DD
Si00,00
550900
2008 EXPENDITURES: BUDGETED COMPARED TO ACTUAL
3 r
FE9 MAR APR MAY
JUN
JUL AUG SEP OCT NOV
E_.,<.,o3 D ET -pia—naACTUAL
OEC
if expenditures were spent evenly throughout the year the. City should have spent 75%
of its budget. There are many activities that appear to be over and under budget, but it
is due in part to the cyclical nature of some of the activities. The bottom line is the City
has spent only 45% of its 2008 budget, which is due to the large budget provided for
legal services that have not yet been spent, lower than anticipated costs for staffing
Heritage Hall and other cyclical costs such as the audit which have not been paid for yet.
Revenues for 2008 are below 2007.and above 2006 revenues at this time which is due
to changes in the property tax levy and other budgeted revenue increases
• YEARLY REVENUE COMPARISION
•
5500.000
,
5a50;000
s4SO000
..
5350.000
..
,
:;t.�
.5360.000
..
..11
`
4,
5250,006
v-
.41,„
•;'��
8260,000
'
}.CFI:;
rixs
al.
Se;F;
``'T
:; _..._
•ti
.$150.000
..
r
�..r
'.� ��
1t •
� �
�S
�'
S�
L�t -
r
JAN 1. JAN 31 FEB MAR APR MAY• JUN JUL AUG SEP. OCT NOV tEG•
ti 200E 227037 Li 2Ii
At the same time expenditures are below expenditures at the same time last year. This
is due to less being spent for City services provided by the Township now and legal
costs related to the annexation lawsuits.
YEARLY EXPENDITURE COMPARISION
.. .. ..
5550.000
._ .. ..
-
:•'•
5500A00
yr .
' ,
5150.000
:l
..
;P.:
..
.�
P.0
�iA
•f
'pill
,
5350003
w
-?
''.
it
if
:ra,
k+,
ti.
I-�
52C0.Q�O
rrrr
t=�
e-.`'-
r
a
'3;1
..._
511:0,000
250.000
i;..
r:i
S.� .
...
, "1t
l
c
'1�`
rho
I
,�+,
.
�"
iret
w.5
t.�v
v..
,:
.._
. ...
i
v:e;
{!Sees
i;1a•-
F:r_
�•Is .,,
r-4 -A
� 1
.:U
56.
JAN 1. IAN at FilS MWi. APII. 1.0W 7AN .JL Alfa. b aCT NO. QIIC
a 2000 I:1 2007 42007I ... .
Overall, I believe the City's expenditures will finish the year below or near budgeted.
amounts while revenues will be above budgeted revenues.
The Parks and Playgrounds Fund had no activity during the third quarter.
The City's maintains three debt funds: the 2004 and 2006 Bonds which were issued far
road and sewer improvements and are paid by special assessments and the 2007
Bonds which were issued for the construction of Heritage Hall and are paid through
property taxes. These funds coliected their first half special assessment payments and
property taxes in the amount of $65,753, There have been principal and interest
payments totaling $141,581 paid during 2008 on these bonds_
The City currently has one active construction fund. This fund is the City Hall
Construction fund and was financed through the 2007.Improvement Bonds. While
Heritage Hall is complete and being used, we are still in the process of reconciling all of
the construction costs, change orders and split between the City and White Bear
Township.
The City's Sewer Fund 3rd quarter financial information is as follows:
Revenues
Expenditures
2007
3rd Quarter
$41,884
$46,453
2008
Budoet
$71,200
$59, 680
2008
3rd Quarter
$47,304.
$20,153
% Received
Spent
39 03%
33 77%
Revenues for the third quarter are at anticipated levels having billed for the third quarter
sewer service at the end of September and will be collected during October. Expenses
are actually lower than anticipated, with the no expenditures made this year for
engineering or contractual repairs and maintenance which make up over 33,51% of the
expenditure. budget. Again I would anticipate the Sewer Fund's expenses to finish the
year below or near budgeted amounts.
Finally, the City had cash and investments of $662,259 invested as of September 30th•
The table below shows the City's cash and investments by fund. While the table shows
5 CD's the City really only has three CD's_ The CD listed from the 2004 Debt Service
Fund, 2006 Debt Service Fund and General Fund is one CD, but the accounting system
tracks it as three separate CD's because of the funding sources.
Nome of Fund
General Fund
Parks and Playgrounds
2004 Debt Service Fund
2006: Debt Service Fund
2007 Capital lmprovcment Bonds
Street Improvement
City Hall Construction
Sever. Enterprise Fand
Premier Checking In.ves.lments Total
Balance Premier Wells Fargo Cash and
09/30/2008 CD's . Mny Mitt Investments
$181.,985 95 $31,512 27 S0 00 $213,498 22
$000 $36,155 19 $0.00 $36,155 19
$68,568.64. $30,000 00 $0.00 $9.8,568.64
$55,851.25 S40,000.00 $0:00 $95,85125
$99,898::08 S0 00 $0.00 $99,898 08
$0 00 50 00 $0 00 $0-00
($102,785.43) S0 00 S66,163.21 ($36,622 22)
$55,751..61 $99,158.62. $0.00 $154,910.23
$359,270.10 $236,826.08. $66.163.21 S662,259.39
CITY OF GEM LAKE
CASH ItND INVESTMENT MENT BALANCE ST:A:TEMEN r
As of 09/3011)8
Men! Year; 2008
P.rcmii r:Clicekinl; tnvestmenis top!
Balance Bnlnnre Preiisicr Yells Fargo Cn3li entl
Name of Fund 09r0112008.. Receipts Dishursernents 09130120110 CD`s Mny Mkt Investments
General Fund $194,82.047 53,33294 $14,16746 5181.98595: S31.;5/ 27 SO.00 .$213.,4I9822
purlcsand pinygroursds 5000. $000 5000 5000 536,155 t9 S000. 53..6,155 19
2004 Debl Service Fund 868,437 94 • 5130 70 50 00: .S68,568 64 530.000.00 `50 00 598,568 64
2006 Debt Service Fund $55,744 79 5106 46 $0 00. 555:851 28 510,000 00 50 00 595.85 T 25
2007 Capital Improvemen;.IIonds 599,707 66 $190 42. 50 00 599,898 08 $0 00 50 40 599,898 0.8
Street improvement 50 00 $0 00 $0 00 50 00 50.00 50 00 $0 00
City1-1011Con5ituctior :(5102,38967) {5.195:76) 529000 15102;78545)• 5000 $66;163''21 (556.62222)
Sc\Ver Enterprise Fund S57,0.1 1:73 S202.61 51,462.73 :555,751.61 $99,158:62 50.00 S154,910.23
5373,332.92 51,767.37 515,830.1.9 5359.270.10 5236,836.08 . 566,163 21 5662,259:39
Page:'k
City of Gem Lake
GENERAL. FUND
Budgeted. Statement of Revenues and Expenditures
For the Nine Months Ending Septerriber 30, 2.008
Annual Year to Date Year to Date
Budget Actual Variance:
REVENUES
% Complete
Property Taxes
Current Property Taxes $ 384,148 $ 187,698 31 196,449,69 48 86
felinq Property Taxes 0 0.00 0.00 0.00
Fiscal Disparity Takes 11,207 4,707 93 6,499.07. 42.01
Penalties & Interest 0 0.00 0 00 0.00
Licenses and Permits
On -Sale Liquor License 5,100 3,098.50 2,001.50 60.75
Off -Sale Liquor Licenses 100 0.00 100.00 0 00
Non -intoxicating Liq Licenses 0 0.00 0.00 0.00
Other Permits 1,000 100.00 900 00. 10.00
Tobacco License 700 0.00 700:00 0 00
Charitable Gambling License 100 0.00 100.00 0.00
Contractor License 450 .305.0.0 145 00 67.78
Building Permits. 2,000 13,115 90 (6,115.90) 405 80
Plumbing Permits 1,500 120.00 1,380,00 8 00
Mechanical Permits 1,200 215.00 985.00 17..92
Electrical Permits 1,000 634.50 365 50 63.45
Building Plan Review 0 0.00 0.00. 0.00
Fire Marshall Inspection 4,050 (1.96,04) 4,246.04 (4 84)
Septic Inspection Fee 1,500 82.00 1,418.00 5.47
State Permit Charge 0 502 49 (502.49). 0.00
Administration Fee 0 0.00 0.00 0,00
Sewer Contractor License 0 0.00 0.00 0.00
Dog Licenses 0 .360.00 (360.00) 0.00
Intergovernmental Revenues.
Local Government Aids 2,808 1,404..00 1,404 00 50.00
MVI--IC (Homestead Credit) 0 0.00 0.:00. 0.00
SCORE Recycling Grant 0 0.00 0.00 0-00
Cable TV Franchise fees 2,500 0.00 2,500.00. 0.00
Police State Aid 4,029 4,189..0.0 (.160.00) 103.97
Charges for Services.
Variance Fee 500 0.00 500.00 0.00
Plan Review 476 3,073...5.4 (2,597.54) 645,70
Sale of Supplies, 25 0.0.0 25.00 O.O0
Engineering Charges 500. 0.00 500.00 0.00
Charges for Legal Fees 500 0 00 500.00 0.00
Fines and Forfeits
Fines .3,000 677.86 2,322.14. 22.60
Miscellaneous
Interest Earnings 4,236 8,552.57 (4,316 57) 201 90
Charitable Gambling Contributi 3,000 2,3.2.3.00 677 00 77-43
Miscellaneous 0 45..70 (45..70) 0 00
Insurance Policy Dividends 150 0.00 150 00 0.00
Facility Rental 0 10,432.00 (10,432 00) 0.00
Total Revenues: 435,77.9 236,441.26 199;337.74. .54,26
P ige::2
City. of Gem Lake
GENERAL FUND
Budgeted Statement af.Revenues .and Expenditures
For the Nine Months Ending. September 30,.2008
Annual Year. to Date Year to Date
Budget Actual Variance
EXPENDITURES
% Complete
City Council
Wages and Salaries 4,946 4,017.00 929.00 81.22
Employer Paid Insurance 2,172 102.4.4" 2,069 56 4.72
Liability Ins - Employees 200 0.00 200.00 0..00
Adminstration 0 550.00 (550 00) 0.00
Conference Registrations 450 0.00 450.00 0.00
Meeting Preparation 2,400 .1,950 00 450.00 3125.
Other Insurance 0 200.00. (200.00) 0.00
Council Contingency 5,000 389'02 4,610.98 7.78
Clerk.
Wages and Salaries 22,730 10,372 00 12,358.00 45.63
Employer Contirb - Retirement. 3,215 0.00 3,215.00 0.00
Employer Paid Insurance 0 204,88 (204.88) 0.00.
Workers Compensation 125 0 00 125.00 0 O0
Office Supplies 2,500 1,237.22 1,262.78 .49.49
Postage 0 9.06 (9.06) 0.00
Professional Services 5,000 0.00 5,000.00 0.00
Administration 0 1,635.00 (1,635 00) 0.00
Conference Registrations500.. 0.00 500.00 0.00
Zoning Administration 0 0.00 0 00 0.00
Mileage 300 395.74 (95.74) 131_91
Recording Secretary 3,000 .1,050.00 1,950.00 35.00
Furniture and Fixtures 2,500 2,441.45 58 55 97,66
Office Equip & Furnishings 0 0.00 0.00 0.00
Elections
Temporary Employees 5,000 40.6.50 4,593 50 8.13.
Operating Supplies 200 0.00 200.00 0.00
Administration 0 675.00 (675 00) 0.00
Miscellaneous 0 283,5.7 (283.57) 0.00
Mileage 25 0,00. 25 00 0.00
Printing and Binding 250. 0.00 250.00 .0 00
Repairs .& Maint - Contractual 525 0.00 525 00. 0 00
Financial Administration
Auditing Services. 10,000 5,300.00 4,700.00 53.00
Administration 0 150.00.. (150.00) 0.00
Financial Services 32,000 1.8,85825 {6;858.25} 157 15.
Computer Services 0 7.9.3.28 (793 28) 0 00
Legal Services
Prosecution 7,000 3,220.00 3,780 00 46.00
Legal 35,000 14,233.78 20,766.22 40.67
Legal- Annexation 35,000 3,502.55 31,497.45 10'Ol
General Government
Office Supplies 200 513 47 (31.3-47) 256.74.
Professional. Services 0 .317.50 (317.50) 0.00
Miscellaneous 300 66 00 34.00 66 00
Internet Connection 200 I80.00 20.00 90.00
Web Site 5,000 485.00 4,5.15.00 9.70
Computer Services 1,000 1,247,00 (247.00) 124.70
Legal Notice Publication 2,000 394.40 1,605.60. 19.72
Newsletter/Public Relations 3,500 1,662.58 1,837:42 47.50.
Page: 3
City of Gem Lake
GENERAL FUND
Budgeted Statement of Revenues and Expenditures
For the Nine Months Ending. September .30, 2008
Annual Year to Date Year to Date
Budget ctual Variance % Complete.
General Liability Insurance 1,800 1,423,75 376.25 79..10
Property Insurance 1,000 20.00 980 00. 2.00
Vehicle Insurance 0 83.5.0 (83•50) 0:00
Public Officials Liablitliy 100 0.00 100.00 0:00
Recycling Collection 4,500. 3,255.27 1.,244.73 72.34
VLAWMO 0 0.00. 0.00 0.00
League of MN Cities 600 0.00 600.00 0.00
RCLLG 150. 0 00 150.00 0.00
Subscriptions. 25 0.00 25,00 0._00
Gambling 'Distributions 3,000 0.00 3,000.00 0.00
Planning and Zoning
Professional Services 35,000 5,485 42 29,514.58 15.67
Engineering 10,000 493.00 9,547.00 4.93
Administration 0 31:'00 (31.00) 0.00
Building Inspections 0 0 00 0,00 0.00
Zoning. Administration 2,200 65.0.00 1,550.00 29.55
NPDES Training 250 0.00. 250.00 0-00
NPDES Education 250 0..00 250.00 0.00
NPDES Administration 2,000 0.00 2,000:00 0.00
Recording Secretary 1,800 0.00 1,800 00 0.00
Comp Plan Update 10,000. 7,084 31 2,915.69 70 84
Heritage Hall
Operating Supplies 500 976.87 (476.87) 1.95.37
Sales Taxe 0 1.9.48. (19..48) 0.00
Professional Services 5,000 1,690.00. 3,310.00: 3.3:80
Internet Connection 0. 0,00 0 00 0.00
Telephone 1,500 838.:08 661.92 55.87
Property Insurance 0 555.00. (555.00) 0.00
Electric Service 2,273 1,858.48 414.52 81 76
Gas Service 7,667 1,241.:92 6,425.08 16.20
Water/Sewer Utilities 200 253.87 (53.87) 126.94
Repairs .&Maint-Contractual 0 299.40 (299.40) 0.00
Reparis & Maint - Building 1,000 1 6 1 00 839.00 16.10
Buildings:& Structures 3,000 244 34 2,755.66 8.14
Other Equipment 4,500 12,1.05 40 (7,605 40) 269,01
Police
Regular Law Enforcement: 65,826 48,952 44. 16,873:.56 74.37
Special Law Enforcement 100 0.00 100 00 0.00
Dispatch Costs 2,500 1.,644.00 856.00 65.76
Administration 700 0:00 700.00 0 00
Miscellaneous 125 0.00 125 40 0.00
Fire
Fire Services 13,040. 9,680.22 3,.3:19.73 74.46
Fire Marshal' Service 4,000 2,945 25 1,054 75 73 63
Anima' Control
Animal Removal. 500 0.00 500.00 0.00
Animal Enforcement 175 0.00 175.00 0.00
Building Iripsection
Computer Services 0 0.00. 0 00 0.00
Miscellaneous 0 0 00: 0.00 0.00
Building Inspections 5,000 3,032.37 1,967 63 60.65.
Building Secretary 250 1,059 50 (809.50) 423.80.
Pop: 4
Code Enforcement
Computer Services
Office Equip :& .Furnishings
Other Capital Outlay
Ruad Maintenance
Gravel
Engineering
Engineering
NPDES Administration
Street Lights
Street Repairs
Dues & S ubscri ptons
tee and Snow Removal
Salt and Sand
Sales Tax
Repairs & Maint • Contractual
Snow. Plowing.
Other Financing Uses
Operating Transfers OUT
Total Expenditures
Excess Rev Over (Under) Exp
City of Gem.. Lake
GENERAL. FUND
Budgeted Statement of Revenues and Expenditures
For the Nine Months Ending September 30, 2008
Annual
Budget.
1,000
0
0
I ,000
8,000
4,000
650
1,000
13,500
50
4,800
250
0
14,000
Year to Date
Actual
0.00
1,265:00
0 04
0.00
0:04
1,47.9-.89
0.00
0.00
541.08
0.00
42.19
2,826.55
183.72
780.00
6,060 00
25,000 0.00
435,779 196,104.99
0 S 40336.27.
Year to Date
Variance % Comprete
.1,000.00 0.00
(1,205.00) 0.00
0..00 0.00
0.011 0.00
1,000.00. 0 00
6,520.1 i 18.50
4,000.00 0.00
650.00. 0.00
458.92 54,11
13,500.00 0.00
7.81 84.38
1.,973,45 58.89
66 28 73.49.
(.780.00) 0 00
7,940 00 43,29
25,000 00
239,674.0 1
(40,336.27)
0.00
45.00
0,00
Page: I
REVENUES
Park Dedication Fees
Interest Earnings
Tatal Revenues
EXPENDITURES:
Total Expenditures
Excess Rev Over (Under) Exp
City of Gem Lake
PARKS AND .PLAYGROUNDS: FUND
Budgeted Statement of Revenues and Expenditures
For the Nine Months Ending September30, 2008
Year to Date Year to Date Year to Date
Budget Actual Variance % Complete
2,000 $ 0:00 (2,000.00) 0.00
1,880 1,791 78 (88.22) 95..31
3,880 1,791.78 (2,088.22) 46 18
0 0.00 .0.00. 0 00
3,880 5 3,791.78
(2,088 22) 46 18
1 ige: I
REVENUES
Current Special Assessments
Delinq Special Assessments
Penalties & Interest
Interest Earnings
Total Revenues.
City of Gem Lace
2004 DEBT SERVICE FUND
Budgeted Statement of Revenues and. Expenditures
For the Nine Months Ending September30, 2008
Year to Date Year to Date• Year to Date •
Budget Actual.. Variance
72,000 $
0
0
6,669
7.8,669
22,177.1.1
70.27
8;914. 7 8
1,290...58
.32,452.74
(49;822 39)
70.27
8,91.4.78
(5,3.78,42)
nfo. Complete
30..80
0.00
000
19.35
(46,216.26) 41.25.
EXPENDITURES
Principal 52,207 52,207 00 .0.'00 100.00
Interest 18,436 .18,435.34 (0 66) 100.00
Fiscal Agent Fees 50 0 00 (50.00) 0 00
Total Expenditures 70,693 70,642.34 (50.66) 99.93
Excess Rev Over (Under) Exp $ 7,976 $ (38,189,60) (46,165..60) (478 81)
Page: 1.
City of Gem Lake
200E DEBT SERVICE FUND
Budgeted Statement of Revenues and lxpenditutes.
For the Nine Months Ending September30, 2008
Year to Date Year to Date Year to Date.
Budget Actual Variance
%Complete
REVENUES
Current Special Assessments $ 28,000 $ 7,761 96 (20;238,0.4) 17 72
-Delinq Special Assessments 0 0.00 0.00 0.00
Penaiites & interest 0 4,132.2] 4,132-21 0.00
Interest Earnings 2,973 1;184,65 (1,788.35) 39.85
Transfers. From Other Ftmds 0 0 00 0.00 0 40
Total: Revenues'
EXPENDITURES
30,973 13,078 82 (17,894.18) 42.23
Principal 20,000 20,00.0 00 0.00 100.00
interest 10,105 28,232.50 18,127.50 27939
Fiscal Agent Fees 50 0.00 (50.00) 0.00
Total Expenditures ..30.,155 48,232.50 18,077 50 159 95
Excess Rev Over (Under) Exp S 818 $ (35,153,68) (35,971.68.) (4,297 5.2)
City of Ge nLake.
2007.DEIST SERVICE FUND
Budgeted Statement of Revenues and Expenditures
For the Nine Months. Ending September 30, 2008
Year to Date Year to ]Date Year to Date
Budget Actual Variance
REVENUES
Current Properly Taxes $ 53,900 $
Delinquent Property Taxes 0
Fiscal Disparities 0
interest Earnings 1,000
Total Revenues 54,900
25,773.72.
0 00
642. 20
456.16
26,872.08:
:Page:
% Cornpicte
(28,126•28) 47,82
000 0.00
6442.20 0.00
(54.3.84) 45.62
(28,027 92) 48 95
EXPENDITURES
Principal 0 0.00 0.00 0.00.
Interest 40,384 22,256 54 (18,127.46) 55.11
Fiscal Agent Fees 450 450.00 0.00 100.00
Total Expenditures 40,834 22,706.54
Excess. Rev.OVer (Under). Ex p
$ 14,066 $ 4,1.65 54 (9,900 46)
29:61
•Piige7.1
City of Gem Lake
CITY HALL CONSTRUCTION
Budgeted Statement of Revenues and Expenditures
For the Nine Months: Ending September 30, 2008
Year to Date Year. to Date Year. to Date
Budget Actual Variance %Complete
REVENUES
Interest: Earnings $$ 3,000. $ 68.68 (2,93.1.32) 2,?9
Bond Proceeds 0 0.00 0.00 0-00
Total Revenues 3,000 68:68 (2,931.32) 7.79
EXPENDITURES
Engineering
Legal
Administration
Miscellaneous
Conference .Registrations
Meeting Preparation
Architect. Fees
Legal Notice Preparation
Electric Service
Buildings & Structures
Construction
Interest
Fiscal Agent Fees
Total Expenditures
Excess Rev Over (Under) Exp S
0 0.00 0 00 0.00
0: 0.00 0 00 0.00
0 3,784.72 3.,784.72. 0.00
0 0.00 0.00 0.00
0 .0:00 0.00 0.00
0 0;00 0 00 0-00
0 2,041.36 2,041.36 0 00
0 0-0.0 0.00 0.00
0 1,477:88 1,477 88 0.00.
3,000 . 3,1.9.1.45 191-45 106.38
0 40,452 00. 40,452.0.0 0.00:
0 0.00. :0 00 .0 0a
0 0.00 0..00 0.00
3,000 50.,947 41 47,947-41 1.,698.25
0 $ (50,878 7.3) • (50,878 73) 0.00
P igc: 1
City of Gern Lake
SEWER ENTERPRISE FUND
Budgeted Statement of Revenues and Expenditures
For the. Nine Months Ending September30, 2008
Year to Date Year to Date Year to Date
Budget Actual Variance
REVENUES
% Complete
Local. SAC S. 1.,200. g 745-03 (454.97) 62.09
Metro SAC 0 1,825 00 1,825.00 0-00
Residential Sewer Charges 60,000. 8,996.74 (51,003 26) 14.99
Commercial Sewer Revenues 10,000 .30,029 69 20,029.69 300.30
Sewer Late Charges. 0 0.00 0.00 0.00
Transfers: from Other Funds 50,000 0.00 (50,000.00) 0.00
interest Earnings 0 5,708,25 5,708 25 0.00
Transfers from Other Funds 0 0:00. 0.00 .0,00
Total Revenues
EXPENDITURES
I21,200 47,304..71 (73,895,29) 39.03
Wages and Salaries 2,520 0.00 (2,520.00)
Employer Cuntrib - Retirement .360 0.00 (.360.00)
Office Supplies 500 69.00. (431 00)
Operating Supplies 0 0:00 0.00
Postage 0 34 85 34.85
Auditing Services 2,500 0.00 (2,500.00).
Engineering 10,000 0 00 ([ 0,000.00)
Legal 200 0.00 (200.00)
Administration. 7,500 0.00 (7,500 00)
MCESCharges. 17,300 1.4,366.30 (2,9.33.70).
Locates 804 263.97 (536.03)
Financial Services 8,000 3,528.75. (4,471 25)
Computer Services 0 1,890.00 1,890.00
Metro. SAC Charges 0 0 00 0.00
Repairs & Mairit - Contractual 10,000 0.00 (10,000 00)
Depredation 0 0.00. 0.00
Sewer Inspections 0 0-00 0.00
Sewer Flushing 0 0 00 0.00
Total Expenditures 59,630 20,152.87 (39,527I.3)
Excess Rev Over (Under).Exp
61,520 $ 27,151 84
(34;.368.16).
0.00.
0 00
13 80:.
0.00
0 00
0 00
0.00
000
0.00
83.04
33.00.
44,11
0.-00:
0.00
0.00
0.00
0-00
0.00:
33.77
44...1;3
INV MATURE
# DATE
2008 CASH & INVESTMENTS
PURCH
DATE BANKIBROKER TYPE NAME Cusip#
PREMIER BANK CHK GENERAL FUND 6005590
WELLS FARGO MMKT PRIME INVESTMENT FUND 12970216
CD-9703 3116/09: 3/16108 PREMIER BANK
CD-9704 3/16/09 3/16/0.8 PREMIER. BANK
CD-8996 4120/09 41201.08 PREMIER BANK
CD
CD
CD
PREMIER BANK
PREMIER BANK.
PREMIER BANK
INT. # PURCHASE
YIELD RATE DAYS AMOUNT
2.30% .2.30% 30 $0.00
1.85% 1.85% 30 $0.00
1031409703-2 2.95% 2.95%2
1031409704-2 2.95% 2.95%
3600618996-1 2.75% 2.75%
AS OF
09/30/2008
$359,270:10
$66163.21
$94,271.98 $99,158.62
$96,593.23 $101,512.27
$34,363.41 $36,155.19
2.56% 2.56% 30 $225,228.62 $662,259:39
Claims. For Payment
CITY OF GEIVI LAKE
Paul Erneott, Mayor
Chuck Watson, Council
Hutch Schilling, Council
Gretchen.Artig-Swomley, Council
Tom Rasmussen, Council
Jessie Hart,Treasurer
Period Ending;
1012112008
Signatures Approving Claims .
Date of Approval
Fund Totals
$ Amount
General Fund
Parks & Playgrounds
2004 Debt Service Fund
2006 Debt Service Fund
2007. Debt Service .Fund
City Hall Construction Fund
Sewer Fund
32,240 25
0 OD
O.OD
000
0 0O
36,3.13.00
4,569 08
Total All Funds
73,122.33.
CITY OF GEM LAKE, MN
City Hall - 4200 Otter Lake Road
Telephone 651-747-2790
Mailing Address 4707 Hwy 61 # 253
White Bear Lake, MN 55110-3227
E-mail CitygemlakeMN.ora
Meeting Minutes
City of Gem Lake Special City Council meeting
October 10, 2008
Meeting called to order at 7:30 AM at Heritage Hall. It was noted that the meeting notice
for this special meeting was posted on the bulletin board ofHeritage Hall on Tuesday
October 7, 2008..
Present were; Paul Emeott, Gretchen Artig-Swomley, Tom Rasmussen
The one item on the agenda for this meeting was the approving of the election judges for
the November 4, 2008 general election (list attached)..
A motion to approve the list of election judges provided by Judy Moll was made by
Gretchen Artig-5wom:ley and seconded by Tom Rasmussen, A vote was taken and all
present voted aye. The motion passed,
The meeting was adjourned at 7:35 AM.
Meeting notes submitted by Paul Emeott
10/11;2008
Look for uson the. World Wide Web at gemiakernmorg
CITY OF GEM LAKE
ELECTION JUDGES
.GENERAL ELECTION - NGVEMBER.4, 2008
Senior Judge Dolores Lorentzen (D), 5340 E. Bald Eagle Blvd. 429-0392
lrl Carter (D), 1311 Wagonwheel Court 429-2910
Margaret Koenig (I), 1584 Whitaker St. 429-5439
Lolle Stephenson, 3932 Homewood Ave. 429-2303