HomeMy WebLinkAbout2022 09-20 CC MinutesCity of Gem Lake City Council Meeting Minutes September 20, 2022 1 | Page
City of Gem Lake
City Council Meeting – September 20, 2022
Meeting Minutes
Mayor Gretchen Artig-Swomley called the meeting to order at 7:02 p.m. Councilmembers Ben Johnson, Laurel
Amlee and Jim Lindner were present. Councilmember Len Cacioppo was present via zoom from his home on
Labore Road. Also present: City Attorney Patrick Kelly, City Treasurer Tom Kelly, City Engineer Justin Gese, SEH
Water Resources Engineer Emily Jennings, White Bear Lake Police Chief Julie Swanson, White Bear Lake City
Manager Lindy Crawford, Acting City Clerk Melissa Lawrence, Planning Commission Member Joshua Patrick, and
residents Jim Wilson, Nick Cress, Isaac Nelson and Ted and Nikki Pax.
September 20, 2022 Agenda
A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Johnson.
Voice vote taken, all voted yes, motion passes, agenda accepted.
Minutes
A motion was introduced by Councilmember Lindner, seconded by Councilmember Amlee to approve the August
16, 2022, City Council Meeting Minutes. Voice vote taken, all voted yes, motion passes, minutes approved.
A motion was introduced by Councilmember Lindner, seconded by Mayor Artig-Swomley to approve the
September 12, 2022, City Council Workshop Minutes. Voice vote taken, Councilmember Cacioppo, Johnson and
Amlee abstained. All others voted yes, motion passes, minutes accepted.
A motion was introduced by Councilmember Lindner, seconded by Councilmember Amlee to accept the September
13, 2022, Planning Commission Meeting Minutes. Voice vote taken, all voted yes, motion passes, minutes accepted.
Committee Reports – Planning Commission
Meeting was held, no Commission Member was present or prepared to report. Mayor Artig-Swomley shared that the
Planning Commission received a CUP for goats and discussed permitted uses in the Consolidated Land Use
Ordinance regarding the Gateway District specifically.
Old Business
Mayor Artig-Swomley presented ideas for the next edition of the City Newsletter to include pieces such as
information on the Water Summit Workshop, Lorraine Birkeland’s death, update on Luther Cadillac project, 2023
preliminary budget, recycling hauler, corridor project, trees along the public trail and guest speakers Julie Swanson
and Lindy Crawford from White Bear Lake.
New Business
Guest Speakers from City of White Bear Lake – Julie Swanson, Police Chief and Lindy Crawford,
City Manager
Gem Lake contracts for Police Services through the White Bear Lake Police Department. Police Chief Julie
Swanson gave a summary of Police Calls in 2022, Gem Lake has had approximately 521 calls for service.
Those have consisted of 238 police proactive visits, 4 domestics, 5 motor vehicle thefts, 8 thefts, 74 traffic
stops, 29 assist medicals/fires and 19 suspicious activity calls. The Police Department has 31 Officers, one
(1) Police Chief, two (2) Captains, four (4) Sergeants, four (4) investigators, two (2) School Resource
Officers, five (5) Community Service Officers (non-sworn), eighteen (18) police officers assigned to patrol,
and four (4) Support Staff (Records, Evidence, BWC/Digital Media).
Officers train monthly on Use of Force and De-escalation techniques and are required to complete a total of
48 hours of continuing education every three (3) years. There is an emphasis on de-escalation strategies and
mental health awareness underscoring all training topics. Officers are mandated to train every five (5) years
on emergency driving operations and pursuit driving. All training materials and rosters are submitted to the
MN POST Board for approval.
City of Gem Lake City Council Meeting Minutes September 20, 2022 2 | Page
City Manager Lindy Crawford shared information regarding some projects the City has scheduled. The
City of White Bear Lake will be replacing the current fire apparatus bay, adding a police garage, interior
remodeling to support current and future operations, adding secure staff parking and other needed building
updates. Construction is set to begin March 2023 and the project is set to be substantially complete June
2024.
2023 Preliminary Budget Presentation / Public Hearing
Under state law, cities must adopt a proposed property tax levy by September 30 of each year. The
proposed levy will be used to produce parcel-specific taxpayer notices, also referred to as truth-in-taxation
notices, which will be distributed to taxpayers in November. If a city fails to certify its proposed levy to the
county by September 30, the county auditor is required to use the authority’s previous year’s final levy as
the levy for the following year.
City Treasurer Tom Kelly gave an overview of the 2023 preliminary property tax levy is proposed at
$748,879, which is a 23.159% increase from the 2022 certified preliminary property tax levy. The 2023
preliminary property tax levy consists of a debt levy of $84,418.00 (a decrease from 2022 preliminary debt
levy of $2,864.00) and the general operating levy of $664,461.00 (an increase of 27.59% from the 2022
preliminary tax levy).
The following changes were made from the 2022 adopted budget as a basis for the 2023 proposed
preliminary property tax levy:
1. Based on the 2015 Refunding Bond schedule the debt levy for 2023 is set for $77,873.00. In
addition, in 2018, the City issued bonds for the improvements on Scheuneman Road and the 2023
debt levy for this issue is $6,545.00. The two of these debt levies makes up the City's 2023 debt
levy of $84,418.
2. Licenses and Permits increased $2,550 based on 2022 and past activity.
3. City Council contingency was increased to $25,000 (was $8,000).
4. Clerk/General Government budget includes $10,000 for health insurance coverage and a wage
increase of 5% for the Clerk.
5. Clerk/General Government budget includes $50,000 for new software.
6. Police budget was increased 23 .16% to $117,000 based on the City of White Bear Lake budget
provided.
7. The cost of fire services could increase 15.96% to $34,025.00.
8. Removed the $14,579 for the code enforcement position in the building inspections department.
9. Road Maintenance budget includes $25,000 for road maintenance/repair and $15,000 for trimming
boulevard trees.
10. Salt/sand remain at $15,000 and snow plowing contract increased from $17,000 to $20,000.
11. Included a park maintenance budget of $6,000 for maintaining the trail area near the Villas of
Gem Lake.
12. The 2023 budget includes $20,000.00 for future improvements.
13. Revenue and other expenditure line items adjusted based on past history.
These changes result in the City proposed preliminary tax levy of $748,879.00 for 2023. This compares to
2022 preliminary levy of $608,060.00 and 2022 final levy of $558,210.00. Using a 2023 property tax levy
of $748,879.00 and the City's 2023 tax capacity ($1,601,998.00) and median valued home ($395,800.00)
for Gem lake, that median valued home, would pay City property taxes of $1,674.69 in 2023 compared to
2022 preliminary levy of $1,364.02 (an increase of$310.67) and the 2022 final levy amount of$1,249.71
(an increase of $424.98).
Mayor Artig-Swomley informed those in attendance that the Council would begin with the preliminary
levy public hearing, and that the public would have a chance to provide input on the topic.
Councilmember Lindner introduced a motion to open the public hearing at 7:58 p.m. on the 2023
preliminary budget, seconded by Councilmember Amlee. Voice vote taken, all in favor, motion passes, the
public hearing is opened at 7:58 p.m.
City of Gem Lake City Council Meeting Minutes September 20, 2022 3 | Page
Resident Nick Cress had a question about the reason the budget is greater this year for contingency. City
Treasurer Tom Kelly stated that the City has requested additional items this year and it needed to be
budged for. The amount in the contingency may drop by the time it comes to certify the 2023 budget. The
public had no other comments
Councilmember Lindner introduced a motion to close the public hearing at 8:02 p.m. on the 2023
preliminary budget, seconded by Councilmember Johnson. Voice vote taken, all in favor, motion passes,
the public hearing is closed at 8:02 p.m.
Resolution #2022-0019 Gem Lake 2023 Preliminary Budget
City Treasurer Tom Kelly created a resolution for the City of Gem Lake to approve the 2023 preliminary
budget. As the City prepares its final 2023 budget the property tax levy can be lowered from the
preliminary levy, but not increase above the preliminary levy. So tonight, the City Council is requested to
pass a resolution adopting the 2023 preliminary property tax levy of $748,879.00.
The foregoing resolution was offered by Councilmember Linder and was supported by Councilmember
Johnson and was declared adopted based upon unanimous vote in favor.
Scheduling of Date and Time of Truth in Taxation Hearing
Cities with a population of 500 or more must hold a “Truth in Taxation” public meeting where the budget
and property tax levy will be discussed and public input is allowed. The meeting must occur after
November 24th and before December 28th and must start after 6:00 p.m. The budget and levy cannot be
approved by City Council until this meeting is held, but can be the same meeting.
Councilmember Lindner introduced a motion to formally set the hearing for the budget for December 20,
2022, seconded by Councilmember Amlee. Voice vote taken, all voted yes, motion passes, Truth in
Taxation hearing date is set.
MS4 Presentation / Public Hearing
Ms. Jennings gave a presentation on the NPDES Phase II Stormwater Permit Program for the City of Gem
Lake. NPDES is an acronym for “National Pollutant Discharge Elimination System” and MS4 is an
acronym for “Municipal Separate Storm Sewer System”. Gem Lake is in phase II small MS4 which is
general permit coverage. There are six (6) minimum control measures (MCM) that are looked at for
meeting requirements:
1. Public Education and Outreach
2. Public Participation and Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Run-Off Control
5. Post-Construction Run-Off Control
6. Pollution Prevention/Good Housekeeping for Municipal Activities
Some new things the permit is requiring for 2023 and beyond of the six (6) MCM’s is:
• MCM 1: Public Education and Outreach
o Annual Public Education & Outreach
Illicit Discharge Detection and Elimination
Deicing Salt Use
Pet Waste
o Intermittingly – High Priority Topics
Yard Waste and Construction Activities
• MCM 2: Public Participation / Involvement
o The City must provide (at least) one (1) public involvement activity that includes
pollution prevention or water quality theme
Possible partnership with VLAWMO
City of Gem Lake City Council Meeting Minutes September 20, 2022 4 | Page
A new permit was issued to Gem Lake on November 16, 2020. An application for reauthorization (part 2)
was approved on August 10, 2021. Coverage was extended November 12, 2021 and updates are being
worked on now. The annual report was submitted to the MPCA on April 29, 2022.
Mayor Artig-Swomley informed those in attendance that the Council would begin with the MS4 public
hearing, and that the public would have a chance to provide input on the topic.
Councilmember Lindner introduced a motion to open the public hearing at 8:12 p.m. on the MS4 report,
seconded by Councilmember Johnson. Voice vote taken, all in favor, motion passes, the public hearing is
opened at 8:12 p.m.
The public had no comments on the public hearing. Mayor Artig-Swomley had a question regarding the
required annual public education and outreach and if past newsletter topics would be ok to reuse as the
topics required have been mentioned in past newsletters. Ms. Jennings replied that it is ok to use past
newsletter stories as long as they are brought current with any changes that may have been implemented.
The public and Council had no additional comments or questions.
Councilmember Lindner introduced a motion to close the public hearing at 8:15 p.m. on the MS4 report,
seconded by Councilmember Johnson. Voice vote taken, all in favor, motion passes, the public hearing is
closed at 8:15 p.m.
Gem Lake Infrastructure Issues
Review of September 12, 2022 Water Summit / Next Steps
SEH City Engineer Justin Gese, Community Development Specialist Kristin Prososki and Senior
Water Engineer Richard Parr gave a presentation on the Water Project Funding options available
for a municipal water system project in Gem Lake. Areas of discussion included:
• Potential Water Supply Issues
• Potential Water System Options
• Water Project Costs
• Project Funding Options
• Project Development
• Next Steps
• Open Discussion & Questions
The presentation helped the council and public get a better understanding of what would need to
happen in order to conduct this project. The presentation was strictly informational and not a
decision on what the City plans to do.
Although no decision has been made, the City may plan to apply for funding grants and bonds due
to the amount of time it can take for the application to go through the lengthy process of a couple
years. Applying for funding does not obligate the City to move forward. It is possible for the
project to be funded by both State bond funds and Congressional funds.
The presentation was given to inform the community about a potential project. The next steps to
be taken are:
• Gather more well samples or analysis by the MPCA
• The City and SEH to gather information from a formal survey from residents
• Discuss more ideas and begin a funding request cycle, if appropriate
Gem Lake Trail Update / Tree replacement Proposals
At this time the Washington Ramsey Watershed is still holding on to money from Hanson’s
Builders, the Villas developer, and will not release it until reseeding has happened in the area they
oversee.
City of Gem Lake City Council Meeting Minutes September 20, 2022 5 | Page
White Bear Township Public Works contacted two (2) companies and requested proposals to
replace six (6) dead trees in the Villas of Gem Lake. Willow River Company sent a proposal in the
amount of $3,429.94 and Wolcyn Tree Farms & Nursery sent a proposal in the amount of
$3,724.94.
Councilmember Lindner introduced a motion to accept the proposal from Willow River Company
in the amount of $3,429.94, seconded by Councilmember Amlee. Voice vote taken, all voted yes,
motion passes, the proposal from Willow River Company has been accepted.
The City will evaluate the area again in 2023 to determine additional trees that might need to be
added and to check for additional dead trees in the area that might need to be replaced. The City
will continue to monitor the area and evaluate the condition of the existing trees as necessary.
BNSF Contract for Drainage Pipe
The contract is still under negotiation. City Attorney Patrick Kelly sent the contract to the League
of Minnesota Cities to review the contract for insurance requirements, and the League did not find
anything that made them feel uneasy. At this time the City is playing the waiting game, the
Railroad does not seem to be in a huge rush to get this resolved. At issue is the amount of any
licensing fee.
Recycling Hauler Transition
After many back and forth conversations between the City Attorney and Republic Services
Attorneys the contract has been finalized. Councilmember Lindner introduced a motion to approve
and accept the contract with Republic Services, seconded by Councilmember Johnson. Voice vote
taken, four (4) voted yes and one (1) voted no, motion passes, Republic Services contract has been
approved and accepted.
The City Clerk will work on composing a letter to send out to all residents. Republic Services is
also working on putting together a welcome letter that will be sent out to all residents. New bins
are set to be delivered the week of October 17th and the first scheduled pick up will take place the
following week on Wednesday, October 26th. The City will be serviced on blue weeks, and the
new schedule will be posted to the City website.
Internal Management
Proposed 2023 Fire and Police Contract
The City of White Bear Lake sent their 2023 preliminary contract cost calculations for fire, fire
inspection, and police services for the City of Gem Lake. The preliminary annual police contract
for 2023 shows that Gem Lake’s budget is $113,184, compared to 2022 of $91,186 which is an
increase of 24.13%. The preliminary annual fire contract for 2023 shows that Gem Lake’s budget
is $26,912, compared to 2022 of $22,593 which is an increase of 19.12%. The preliminary annual
fire inspection contract for 2023 shows that Gem Lake’s budget is $7,019, compared to 2022 of
$6,747 which is an increase of 4.03%.
Councilmember Lindner introduced a motion to accept the 2023 preliminary contract cost
calculations for fire, fire inspection, and police services for the City of Gem Lake, seconded by
Councilmember Amlee. Voice vote taken, all voted yes, motion passes, 2023 preliminary
contracts costs have been accepted.
Facebook Page
The Facebook page has given Gem Lake the ability to communicate with the community in a
different way. It has been a great source to put out status updates on topics such as recycling and
City Council and Planning Commission Meetings.
City of Gem Lake City Council Meeting Minutes September 20, 2022 6 | Page
Paper Folding Machine
The City Clerk is requesting the approval of a paper folding machine. This machine would help
with all residential mailings and newsletter inserts. Instead of it taking hours to get a mailing out it
could be done in a more time efficient manner. The item being requested may cost $749.99, but
the City Clerk might be able to find it cheaper on a different purchasing platform.
Councilmember Lindner introduced a motion to approve the purchase of a paper folding machine
for the City Clerk, seconded by Mayor Artig-Swomley. Voice vote taken, all voted yes, motion
passes, City Clerk is approved to order a paper folding machine for the office.
Archery Deer Hunting Application at 7 Daniels Farm Road
A permit request for a hunt on private property located at 7 Daniels Farm Road was received. The
requested dates of the hunt will be on the weekends of September 23-25, October 28-30, and November 4-
6. The hunting party will consists of 11 hunters all of which have obtained their Bow Hunters Certification
and a License through the state of MN DNR. Deer stand locations have been given and consent of
neighbors has been received.
Councilmember Lindner introduced a motion to approve the Archery Deer Hunting application at 7 Daniels
Farm Road, seconded by Councilmember Johnson. Voice vote taken, all voted yes, motion passes,
application is approved with the conditions listed on the application forms.
Conditional Use Permit / Interim Use Permit for Goats at 3944 Scheuneman Road
A Conditional Use Permit (CUP) application was submitted to the City by Ted & Nikki Pax, owners of
3944 Scheuneman Road to harbor two (2) goats on their property. The request was first heard by the
Planning Commission on Tuesday, September 13, 2022 where a public hearing was held on the topic. The
application was recommended for approval by the Planning Commission to the Council at the September
20 City Council meeting, based on the conditions suggested by City Planner Evan Monson and that it be
treated as an Interim Use Permit (IUP) and not a CUP.
City Council agreed that the application should be treated as an IUP and be brought back to the Council one
(1) year from now to discuss renewal based on the following conditions being met and followed:
1. The applicant is permitted to utilize the existing barn on-site to house up to two goats.
2. Proposed fencing shall be placed at minimum five feet from property lines to the south, unless
written consent and approval is received from the neighboring property owner to place the fence
on the property line.
3. The IUP shall expire in one calendar year from the date of approval, so as to allow the Planning
Commission to review the request again to ensure the use is in compliance with conditions of this
approval, and other city ordinances have been met.
4. Additional goats or farm animals on the site shall require an amendment to the IUP.
5. The applicant is required to adhere to all applicable local, State, or Federal regulations.
6. The applicant is required to acquire any other applicable local, State, or Federal permits for this
request.
Councilmember Lindner introduced a motion to approve the application as an IUP based on the conditions
suggested by the City Planner for one (1) year, seconded by Councilmember Amlee. Voice vote taken, all
voted yes, motion passes, IUP to harbor two (2) goats on the property has been approved.
Corridor Project
September 14, 2022 was the initial meeting where the overview of the project was discussed. A
collaboration between cities was discussed. A recap meeting is scheduled for September 21, 2022. Mayor
Artig-Swomley asked Councilmember Johnson if he could have a write up made for the October 18 City
Council meeting that he will not be able to attend and also something for the Newsletter.
Mayor Artig-Swomley and Councilmember Johnson agree that it would be ideal if someone from the
Council could attend each meeting to have representation from Gem Lake. Councilmember Amlee
City of Gem Lake City Council Meeting Minutes September 20, 2022 7 | Page
volunteered to attend the October 5 workshop held at Heritage Hall. Mayor Artig-Swomley volunteered to
attend the October 12 workshop held at the Vadnais Heights Fire Station. Councilmember Lindner
volunteered to potentially attend the October 26 workshop held at Vadnais Heights Fire Station if he does
not already have another obligation that evening.
THC Ordinance Discussion
City Attorney Patrick Kelly shared some information regarding the recent law that was passed on the sale
of delta-9-tetrahydrocannabino (THC) in Minnesota. Mr. Kelly’s feelings and thoughts on the topic were
shared among the Council that the law was passed too quickly without much regulation on the items. The
new law does not state where the items may be sold, what businesses will be able to sell the items and how
the items should be categorized.
The City of Willmar is in the process of creating an Ordinance and are proposing some additional items
that law enforcement is asking them to consider that are currently being reviewed by their City Attorney.
Those considerations are:
1. Legal Age; Sale. No person under the age of 18 shall be allowed to sell any licensed product.
2. Possession. No person under the age of 21 shall be in possession of any THC product. Any person
under the age of 21 in possession of a THC product may be subject to a petty misdemeanor. Any
person under the age of 21 in possession of any THC product may have it confiscated by a law
enforcement officer.
3. Hours and Days of Sale. No sale of THC products may be made between 10:00 p.m. and 8:00 a.m.
Monday through Sunday.
The City of Gem Lake would like to have an Ordinance or regulation by the end of 2022 if possible. At this
time the City is waiting to see how other cities and towns are going to regulate the product and will look to
their Ordinances for ideas on composing an Ordinance for Gem Lake.
Charitable Gambling Donations
Resolution #2022-0020 September 2022 Donation to White Bear Lake Area Food Shelf
The motion for adoption of the foregoing Resolution was introduced by Councilmember Lindner
and seconded by Councilmember Johnson, and upon vote being taken thereon, the Resolution
passed with a vote of 5 in favor and 0 against. A donation in the amount of $1000.00 will be sent
to the White Bear Lake Area Food Shelf.
Discussion of Proposed Newtrax Donation
Newtrax has reached out to the City requesting a donation to help with the costs of the service
they provide for the White Bear Lake Area Food Shelf delivering food to those that do not have
the means to go and get it themselves. Newtrax is requesting up to $3,000 to help with this cost.
Mayor Artig-Swomley feels that the amount Newtrax is requesting is more than the City can
afford to donate. Mayor Artig-Swomley would like to table this discussion until the October 18
City Council meeting where a donation can be proposed for approval at the November 15 City
Council meeting. Councilmember Amlee is going to reach out to the Food Shelf to see how much
Newtrax does for them helping deliver food to those that can’t get it themselves.
Community Outreach to other Cities and Government Bodies
The City is doing well maintaining the relationships it has with the neighboring cities, towns and
government bodies, but needs to make more progress with the City of Vadnais Heights. City Attorney
Patrick Kelly sent a letter to the City of Vadnais Heights a little over a month ago regarding the meter
readings and utility bills and has yet to hear back.
Councilmember Lindner introduced a motion to authorize City Attorney Patrick Kelly to give Vadnais
Heights a little nudge to respond to the letter, seconded by Councilmember Johnson. Voice vote taken, all
voted yes, motion passes, City Attorney is authorized to nudge Vadnais Heights.
City of Gem Lake City Council Meeting Minutes September 20, 2022 8 | Page
Mayor Artig-Swomley attended the recent Purple Line meeting. At this time the three (3) new proposed
routes that replace the White Bear end route Purple Line is trying to get approval on have not met the
requirements for federal funding. Purple Line plans to keep tweaking the numbers until they can meet the
requirements for federal funding.
Claims
Councilmember Lindner made a motion to pay the bills, seconded by Mayor Artig-Swomley. Voice vote
taken, all voted yes, motion passes, and bills will be paid.
Monthly Financial Reports
The financials for August were submitted and the Council had no comment.
Presentations from the public, 2 minutes maximum
Residents in attendance had no comments or questions.
Open Items for Council Members to Bring Up
Mayor Artig-Swomley asked the Council what meetings they know they will not be attending to ensure a
quorum for the rest of 2022. Councilmember Johnson and Councilmember Cacioppo will not be in
attendance at the October 18, 2022 City Council meeting. The Mayor stressed to the other Councilmembers
how important it is for them to be at the October meeting to ensure a quorum.
At the October City Council meeting some items that will be on the Agenda will include provisions to the
Animal Ordinance, tax roll certifications and the software package discussion. The White Bear Lake Fire
Chief and City Manager will be attending the November City Council meeting. Councilmember Lindner is
working on getting Ramsey County Public Works to come to a meeting in early 2023.
Future Council Meetings
City Council, Tuesday, October 18, 2022, Workshop, Monday, October 10, 2022 is CANCELED.
Adjournment
Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember
Johnson, the meeting adjourned at 9:20 p.m.
Respectfully submitted, Melissa Lawrence