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City of Gem Lake City Council Meeting Minutes July 20, 2021 1 | P a g e
City of Gem Lake
City Council Meeting – July 20, 2021
Meeting Minutes
Mayor Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Amlee, Cacioppo,
Lindner and Johnson were present. Also present: Planning and Zoning Tom Riedesel, City Engineer
Justin Gese, City Attorney Patrick Kelly, City Treasurer Tom Kelly, SEH Water Resources Engineer
Emily Jennings, MMKR CPA James Eichten, Planning Commission Chair Don Cummings, Summit Farm
Villas HOA Board President Sharon Roland, Residents Jim Wilson and Barry Kostyk.
July 20, 2021 Agenda
A motion was made by councilmember Cacioppo to accept the agenda, seconded by Councilmember
Lindner. Voice vote taken, all voted yes, motion passes, agenda approved.
Minutes
A motion was made by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the
June 15, 2021, City Council Minutes. Voice vote taken, all voted yes, motion passes, minutes approved.
A motion was made by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the
July 6, 2021, Planning Commission Meeting Minutes. Voice vote taken, all voted yes, motion passes,
minutes approved.
Committee Reports – Planning Commission
Commissioner Chair Cummings gave an overview of the Planning Commission Meeting on July 6, 2021.
There was one (1) public hearing held at the meeting pertaining to language in the Consolidated Land Use
Ordinance No. 131 pertaining to truck farming. The Planning Commission recommends to City Council
changes to 5.1, 5.3, and 7.3 of the Consolidated Land Use Ordinance No. 131. Commissioner Pratt
recommended the Council make changes to 8.3 as well. The Planning Commission decided at future
meetings they would look at updates on potential modifications to Home Occupations rules (September),
updates of Permitted uses in the Gateway District (Fall), and Updates on the current state of the
Comprehensive Plan (Year-end?) Planning Commission will also look at making amendments to
language regarding “open space” in a future meeting. Commissioner Pratt recommended we make
changes to 8.3 as well.
Old Business – Newsletter Ideas
Mayor Artig-Swomley presented ideas for the next Newsletter to include pieces on the Hoffman Road
Construction, Storm Water Report, City Clerk Notary, City Audit, Truck Farming Ordinance change,
Archery Deer Hunting, historical dustup over a tree cutting incident 30 years ago. Councilmember
Lindner presented an idea on all the improvements being made to Heritage Hall which he will work on
putting together.
New Business
Gem Lake Infrastructure Issues
Hoffman Road Update – Justin Gese
Mr. Gese reported that work has begun. The area has been milled and paving will happen
beginning next week. Repairs have been done and once the striping has been completed the work
should be done.
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Gem Lake Villas Update – Justin Gese
Mr. Gese reported that is has been too hot to plant trees. Mr. Gese also reported that construction
signs have been placed in the Villas as advanced warning to the construction happening on
County Road E.
Scheuneman Road Update – Emily Jennings
Ms. Jennings gave a report on the North Scheuneman Road Surface Water Management Plan.
The primary areas of interest are located at:
Cross culvert and ditch system discharging to 3999 Scheuneman Road (“Culvert Area”)
Low areas at 3809 and 3824 Scheuneman Road (“South Area”)
Low area 4076 Scheuneman Road
Receiving waters:
Golf Course Pond, Gem Lake, Wetlands, Hillary Farm Lane Pond
Other Low Areas
Design storm events were created to show the existing conditions:
2-year, 24-hour frozen ground
10-year, 24-hour frozen ground
100-year, 24-hour non-frozen ground
Three (3) scenarios were presented and Ms. Jennings recommendations for the Culvert Area was
to go with scenario 2, South Area to go with either scenario 2 or 3, Jennings noted that scenario 2
requires additional investigation and scenario 3 requires agency approvals. For 4076 Scheuneman
Road, she recommend the owner install a driveway culvert. It was also recommended that the
City do additional soil testing. The full report will be sent out to all members of the Council to
review before making any decisions and will be discussed at a later meeting.
Gem Lake Public Trail
The City received one volunteer application to help maintain the public trail at this time.
Committee Chair Ms. Anderson-Uzpen will work on setting up a time with the applicant to go out
and work on a plan for maintaining the public land.
Pothole Repair Quote
Schifsky’s gave the City a quote to fix the two large potholes that are located on Scheuneman
Road right off of County Road E. The quote was $1,500.00 which includes milling and the install
of the bituminous. Councilmember Cacioppo made a motion to accept the quote from Schifsky’s
in the amount of $1500.00, seconded by councilmember Lindner. Voice vote taken, all voted yes,
motion passes, quote accepted.
Hoffman Road Slope Failure – Justin Gese
Mr. Gese reported that there is a pipe system that collects water between the greenhouse and the
bar that has failed and has separated halfway up the hill and has caused debris to fall onto the
railroad. SEH has put together a quote to get the issue fixed. Mr. Gese is reporting that the
incident is an emergency and needs to be handled fairly quickly. Mayor Artig-Swomley asked
Mr. Gese if he was sure that this is actually considered City responsibility because it takes water
from Hoffman Road as well as County Road E. City Attorney Kelly asked Mr. Gese if he knew
who owned it and Mr. Gese responded the railroad and greenhouse. Councilmember Cacioppo
asked Mr. Gese if the City has anything to mitigate future storm damage before fixing it and Mr.
Gese replied no. SEH will have to work with the railroad and get permission from John Birkeland
to take down the rock wall. Mayor Artig-Swomley declared this an emergency and told Mr.Gese
to start working on the plans. Councilmember Linder made a motion to consider this an
emergency repair, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes,
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motion passes, this incident is declared an emergency repair. Councilmember Lindner made a
motion for SEH to take the first step in resolving the problem by finding a contractor to complete
the work, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion passes,
SEH can begin the process.
Heritage Hall
Electrical Repair Part Three – Emergency Lights
The emergency light work was completed on July 15, 2021.
Proposed Plumbing Change
The City will be getting Covid-19 relief funding to make facility improvements to the
building. A quote from Metro Plumbing was received in the amount of $7,806.14 which
includes installing three (3) sensor lavatory faucets, three (3) pressure assist toilets, and a
new drinking fountain with a bottle filler. A motion was made by Councilmember
Lindner to accept the quote for restroom and drinking fountain improvements in the
amount of $7,806.14, seconded by Councilmember Cacioppo. Voice vote taken, all voted
yes, motion passes, quote accepted. Proposed work will not begin until Covid-19 relief
fund were received.
Possibility of Security Cameras
The City’s current security camera system is outdated, not working properly and out of
the view of the City Clerk. A quote from Per Mar Security Services was received in the
amount of $4,113.84 which includes one (1) VMAX IP Plus 8 + 4 Channel NVR with
Switch, 8TB, four (4) Turret IP Cameras with 2.8mm Lens and WDR, four (4) Bracket,
Junction Boxes, four (4) PoE Surge Protectors, one (1) Wiring, Network Cross Connect,
and one (1) Installation Services. A quote from Roseville IT was also received in the
amount of $778.76 which includes one (1) Optiplex 7090 MFF Computer and one (1) 27”
Monitor. Total quote is $4,892.60 and this would be a shared expense with White Bear
Township. A motion was made by Councilmember Lindner to accept the quotes for the
security system, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes,
motion passes, quotes accepted.
Corporate Mechanical Automation & Boiler Proposal
Heritage Hall’s building automation is out of date and needs to be upgraded from
Windows 7 to Windows 10. This upgrade will allow the City to have more control over
the cooling of the building. The City is currently cooling the building 24/7. A quote from
Corporate Mechanical was received in the amount of $7,485. Councilmember Lindner
made a motion to accept the quote for the building automation upgrade, seconded by
Councilmember Cacioppo. Voice vote taken, all voted yes, motion passes, quote
accepted. This would be a shared expense with White Bear Township.
Heritage Hall’s boiler is in need of updating. This upgrade will make it possible to test
the boiler to ensure that it is working properly. A quote from Corporate Mechanical was
received in the amount of $1,385. Councilmember Lindner made a motion to accept the
quote for the boiler update, seconded by Councilmember Cacioppo. Voice vote taken, all
voted yes, motion passes, quote accepted. This would be a shared expense with White
Bear Township.
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Outdoor Lighting Bid
Heritage Hall’s outdoor parking lot lights are outdated and one is burnt out. Three (3)
quotes were received from NEI Electric, option 1 (test) in the amount of $510, option 2
(if option 1 works) in the amount of $2,150, and option 3 (guaranteed to work) in the
amount of $4,934. If option 1 doesn’t work, it would end up costing more in the long run.
Councilmember Lindner made a motion to accept the option 3 quote, seconded by
Councilmember Cacioppo. Voice vote taken, all voted yes, motion passes, quote option 3
accepted. This would be a shared expense with White Bear Township.
Internal Management Update
Notary and First Aid Training
The City Clerk is now an official Notary and will be ready to begin notarizing documents August
1, 2021. City Clerk is also now Adult and Pediatric First Aid/CPR/AED trained by CPR 4 Life
(USA) for two (2) years expiring 7/2/2023.
Records Management/Historical Documents
The City Clerk is in the process of getting all City ordinances online to be in the same format and
searchable. The City Clerk is also putting together a historical folder of all the items that have
been brought in from residents and there is also a file on the computer of some pictures that have
been received electronically. The City Clerk is also working to ensure that forms, applications
and permit fees are consistent and correct.
2020 Audit Presentation
MMKR CPA James Eichten gave a report on the 2020 Audit that was conducted on the City of Gem
Lake. Based on MMKR’s audit of the City’s financial statements for the year ended December 21, 2020:
MMKR has issued an unmodified opinion of the City’s basic financial statements
One matter involving the City’s internal control over financial reporting that was considered a
weakness
o Due to the limited size of the City’s office staff, the City has limited segregation of duties
in certain areas.
The results of MMKR’s testing disclosed no instances of noncompliance required to be reported
under Government Auditing Standards
Three findings based on MMKR’s testing of the City’s compliance with Minnesota laws and
regulations
o Minnesota Statutes require the City to annually delegate the authority to make electronic
funds transfer to a designated business administrator or CFO of the officer’s designee.
The City did not complete this delegation for the year ended December 31, 2020. Mayor
Artig-Swomley suggested that the Council appoint City Treasurer Tom Kelly to handle
the authorized electronic transfers for the City.
o Minnesota Statutes require payroll time sheet approval for employees. The time sheet for
the City’s one employee did not contain a declaration indicating that the facts recited on
the payroll are correct to the best of the employee’s information and belief. Mayor Artig-
Swomley addressed this issue and made mention that there was an issue in the past, but
since the new City Clerk has come on payroll sheets have been signed off on properly.
o Minnesota Statutes require unclaimed property held for more than three (3) years (or one
year for unpaid compensation) to be reported and paid or delivered to the State
Commissioner of Commerce each year. This requirement was not met by the City for the
current audit year. City Treasurer Tom Kelly stated that it was missed last year and he
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will be on top of it for the next year. There was no unclaimed property but the report
needs to be filed.
Councilmember Linder made a motion to accept the 2020 audit and to appoint City Treasurer Tom Kelly
as the person delegated to do wire transfers, seconded by Councilmember Cacioppo. Voice vote taken, all
voted yes, motion passes, 2020 audit accepted.
Initial 2022 Budget Discussion
Mayor Artig-Swomley stated that the Council begin talking about the budget in August with a draft of
what increase the Council’s expecting. September is when City Council would vote to approve the
preliminary budget for the upcoming year. Mayor Artig-Swomley noted that the City should put money
aside in the budget to cover the surface water management that Emily Jennings from SEH reported on.
The Councilmember had no additional information to add at this time. A draft budget will be presented in
August.
Resolution #2021-007 to Accept COVID-19 Federal Funds
City Treasurer Tom Kelly created a resolution for the City of Gem Lake to approve receiving the
COVID-19 Federal funds. The resolution allows that City of Gem Lake to use these funds for Corona
Virus costs, lost revenue due to pandemic, and water, sanitary sewer, and broadband infrastructure. The
City must incur these costs or lost revenue between March 2021 and December 2024. The foregoing
resolution was offered by Councilmember Lindner and was supported by Councilmember Cacioppo and
was declared adopted based upon unanimous votes in favor.
Proposed Changes to Ordinances Regarding Truck Farming
In order to clarify the City’s intent regarding truck gardening and other commercial horticultural uses,
those uses are made conditional uses in all Residential Districts. The existing Garden Overlay District can
be invoked on lots over ten (10) acres or conditions can be established for those uses on smaller lots.
Move from Section 5.1 Permitted uses “5.1.2 Truck gardening and other horticultural uses provided that
only those products produced on the premise be sold or offered for sale.” to Section 5.3 Conditional &
Interim Uses “5.3.8 Truck gardening and other commercial horticultural uses provided that only those
products produced on the premises be sold or offered for sale.”. Councilmember Lindner made a motion
to approve the recommended changes to Section 5.1 and 5.3 of the Consolidated Land Use Ordinance No.
131, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion passes, changes
approved.
In order to limit truck gardening and other commercial horticultural uses to lots where the garden fence
setbacks can be reasonably met. Change in Section 7.3 Conditional & Interim Uses “7.3.1 C) The
harboring and housing of agricultural animals on lots greater than one (1.0) acre.” to “7.3.1 C) Truck
gardening and other commercial horticultural uses and/or the harboring and housing of agricultural
animals on lots greater than one (1.0) acre.” Councilmember Lindner made a motion to approve the
recommended changes to Section 7.3 of the Consolidated Land Use Ordinance No. 131, seconded by
Councilmember Cacioppo. Voice vote taken, all voted yes, motion passes, changes approved.
Comprehensive Plan Amendment Request, City of Vadnais Heights
The City of Vadnais Heights sent a letter to Adjacent Governments/Affected Special Districts/Affected
School Districts concerning the 2040 Comprehensive Plan Amendment Adjacent Review Period. The
proposed amendment request is to re-guide a portion of the subject property’s future land use designation
from “Industrial” to “City Center”. The proposed amendment is intended to facilitate construction of a
multi-family residential development. The Metropolitan Council’s 60-day adjacent review period expires
on September 4, 2021. Any written concerns or comments should be submitted the soonest our review
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process can accommodate including the form attached to the CPA request. Mayor Artig-Swomley asked
for any comments from those on the Council and some concerns that were brought up are:
Traffic flow
Overall residential density
Light pollution
Mayor Artig-Swomley volunteered to construct a letter to send to Vadnais Heights regarding the Councils
concerns. Councilmember Lindner made a motion to authorize Mayor Artig-Swomley to construct a letter
regarding their concerns of the development, seconded by Councilmember Cacioppo. Voice vote taken,
all voted yes, motion passes, Mayor Artig-Swomley has the authority to construct the letter on behalf of
the City Council.
Discussion of “Highest and Best Use” of City Land – Patrick Kelly
City Attorney Patrick Kelly gave a review of the Highest and Best Use practices in terms of property
taxes. Councilmember Cacioppo asked in regards to the Hy-Vee lot that is currently sitting vacant and
being taxed at a lower rate if the City is able to tax them at a higher rate as if they had built something,
such as a penalty for not building yet. Mr. Kelly looked at California’s proposition 13 which indicates that
real estate tax on a parcel of property is limited to 1% of its assessed value and that it may be increased
only by a maximum of 2% per year, until and unless the property has a change of ownership. At this time
the City does not have any justification to charge them more. However, the City could keep that in mind
when granting future Conditional Use Permits by adding a sunset clause after two (2) years. Mr. Kelly
also recommended that the City work with the County on this issue.
Discussion Regarding Zoning Administrator Retirement
Planning and Zoning Tom Riedesels last day with White Bear Township is Friday July 23, 2021. At this
time White Bear Township does not have a replacement for his position which leaves both the Township
and the City of Gem Lake without a planning and zoning administrator. The City can reach out to the firm
that the Township uses or to SEH or the City can leave it vacant for now. The Mayor is not required to
take over and it is recommended that the Mayor does not become the Zoning Administrator. White Bear
Township and Bay Town Township use TKDA Engineering and the contact is Evan Monson.
Public Data Discussion – Patrick Kelly
City Attorney is a Data Practices Officer. Due to questions from the Council and residents he discussed
what is considered public data regarding the sheets that were sent out to all Gem Lake Residents to
voluntarily fill out and send back to Heritage Hall. Mr. Kelly is going to look into what the City can send
over to the White Bear Lake Police regarding emergency situations. At this time the only thing listed on
the form that is considered public data is the name of the resident. Mayor Artig-Swomley suggested that
the City save the emergency information to the cloud and grant the police and fire a code if they would
ever need access to it. At this time, the City Attorney wants to research the best way to convey the
information.
Proposed Ordinance for Collection of Overdue Bills – Patrick Kelly
City Attorney Patrick Kelly gave an overview of our Ordinance No. 129 Municipal Water and Sanitary
Sewer System and the section that pertains to delinquent payments. Mr. Kelly stated that the Ordinance is
good and that the only change the City needs to make was to the section regarding Discontinuance of
Water Service subsection 3 adding the word “not” to the end to have it say “is not paid”.
Business Cards and Email Addresses for Council Members – Update
At this time only one (1) Councilmember has ensured that their City email account it working properly.
Once the City Clerk has heard that everyone is able to access their City email the business cards will be
ordered.
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Community Outreach to Other Cities and Government Bodies
Mayor Artig-Swomley stated that the City is still in the process of building bridges with surrounding
cities and government agencies. City Clerk has been assigned to work with the Ramsey County Election
Board, Councilmember Amlee has been assigned to work with Rush Line, Councilmember Lindner has
been assigned to work with the City of Vadnais Heights, Councilmember Cacioppo has been assigned to
work with the Ramsey County Sheriff Department and Mayor Artig-Swomley has been assigned to work
with White Bear Township and team up with Councilmember Cacioppo working with the Ramsey
County Sheriff Department. Councilmember Johnson has been assigned to the City of White Bear Lake,
including the Police and Fire Departments. Councilmember Linder is planning on attending the next
Vadnais Heights Council Meeting.
Claims
Councilmember Lindner mare a motion to pay the bills, seconded by Councilmember Cacioppo. Voice
vote taken, all voted yes, motion passes, bills will be paid.
Monthly Financial Reports
May and June Financials were submitted for review. No questions from City Council.
Presentations from the public, 2 minutes maximum
The public had no comment.
Open Items for Council Members to Bring Up
Councilmember Lindner brought up the office changes that will be suggested next month, including
adding in some more counters and cabinet space. A quote was received and will be voted on at the next
City Council Meeting in August.
Future Council Meetings
City Council, Tuesday August 17, 2021, Workshop, Monday August 9, 2021 canceled.
Adjournment
Being there no further business, following a motion from Councilmember Lindner, seconded by
Councilmember Cacioppo, the meeting adjourned at 9:18 p.m.
Respectfully submitted, Melissa Lawrence