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HomeMy WebLinkAbout2024 02-19 CC PacketCITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org City Council Meeting – March 19, 2024 Call to Order of City Council Meeting By Mayor Artig-Swomley at 7:_____ p.m. Call of Roll Artig-Swomley Cacioppo Hynes-Amlee Johnson Lindner Approve Agenda and Minutes • Accept the Agenda for the March 19, 2024 City Council Meeting • Approve the Minutes from February 20, 2024 City Council Meeting • Accept the Minutes from the March 12, 2024 Planning Commission Meeting Special Presentations/Public Hearings • None Consent Agenda • Resolution #2024-004 March 2024 Donation to White Bear Lake Area Food Shelf • Monthly Financial Report(s) • Claims Committee Reports • Planning Commission Old Business • Newsletter Updates / Topics / Suggestions • Gem Lake Clean-Up Day Discussion o Resolution #2024-005 2024 Joint Recycling Event with White Bear Township • Municipal Water Funding Request Update • Ordinance No. 45 Garbage and Refuse Updates New Business • White Bear Montessori Conduit Debt Proposal • Goose Lake Speed Limit Signs Quote • Sewer Billing Rate Letter • Gem Lake Website o Hosting Proposal to Enhance Security o Future Website Redesign Proposal for 2025 • Council Pay Discussion • City Clerk Pay Parameter Review / Annual Review • Gem Lake Tree FAQ Sheet • Ordinance No. 142 Agricultural and Wild Animals Beekeeping Section • Future Charitable Gambling Donations o White Bear Lake Emergency Food Shelf Community Outreach to Other Cities and Government Bodies Presentations from the Public, 2 minutes maximum Open Items for Council Members to Bring Up Future Council Meetings • Next City Council Meeting, Tuesday, April 16, 2024 o Attendance Inquiry • Next City Council Workshop, Monday, April 8, 2024 - CANCELED Adjournment – The meeting adjourned at ________ City of Gem Lake City Council Meeting Minutes February 20, 2024 1 | Page City of Gem Lake City Council Meeting – February 20, 2024 Meeting Minutes Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Jim Lindner, Len Cacioppo, and Laurel Amlee were present. Councilmember Ben Johnson was not present. Also present: City Attorney Kevin Beck, Acting City Clerk Melissa Lawrence, Planning Commission Chair Joshua Patrick, high school students Nolan Vonwalter, Charles Robideaux and Gem Lake resident Nick Cress. February 20, 2024 Agenda A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion passes, agenda accepted. Minutes A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the January 16, 2024, City Council Meeting Minutes. Voice vote taken, all voted yes, motion carried. A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to accept the February 13, 2024, Planning Commission Meeting Minutes. Voice vote taken, all voted yes, motion carried. Special Presentations/Public Hearings None Consent Agenda Resolution #2024-003 February 2024 Donation to White Bear Lake Area Food Shelf Monthly Financial Reports(s) Claims All items on the consent agenda were reviewed by the Council. Councilmember Lindner introduced a motion to approve all the items listed on the consent agenda as is, seconded by Councilmember Amlee. Voice vote taken, all in favor, motion carried. Committee Reports Commission Chair Joshua Patrick shared with the Council that a rough final draft of the garbage ordinance and beekeeping ordinance should be ready to be presented to the council in the next month or so. The tree ordinance will stay as it is and a FAQ page will be created for the website. City Attorney Kevin Beck is in the process of putting together some FAQ’s. Old Business Newsletter Updates / Topics / Suggestions Mayor Artig-Swomley presented ideas for the next edition of the City Newsletter to include pieces such as information on the city clean-up day, domestic animal ordinance revisions, Gem Lake scholarship program, and garbage ordinance revisions. Domestic Animal Ordinance Discussion The suggested changes by the Acting City Clerk Melissa Lawrence were reviewed by the Council and City Attorney. The Council thought all the changes looked good. Councilmember Lindner introduced a motion to approve Ordinance No. 140 with the suggested changes, seconded by Councilmember Cacioppo. Voice vote taken, all voted yes, motion carried. Code Violations Update A property on Otter Lake road neighboring Heritage Hall has a dilapidated fence and a lot of commercial storage on the property being stored in the backyard. A notice has already been sent to the property with no response. City of Gem Lake City Council Meeting Minutes February 20, 2024 2 | Page The two (2) properties along Highway 61 are running a business operation outside of the home. There is construction material all over the backyard. These properties are also rentals with the properties meeting the minimum lifesaving standards. A notice has already been sent to the properties and the owners have agreed to remove the construction storage. It appeared to be nearly done at the time of the inspection. A property on Labore Road is storing commercial vehicles on the property and a fence was installed without a permit. A notice has already been sent to the property with no response. A property on Scheuneman Road is a rental property with a long history of complaints and a history of trying to work on a resolution. The property meets the minimum lifesaving standards to operate as a rental. The property is running some sort of business out of the home, but each time an inspection is scheduled the mess gets cleaned up just enough to be able to pass. It looks like a pallet fence was also installed without a permit. The occupants also decided to clear out most of the trees in the backyard which is a violation of the tree preservation ordinance. Criminal prosecution could be taken on the brush pile, vehicles on the property and anything related to the home business operation. A notice has already been sent to the property owner with no response at this time. Mayor Artig-Swomley asked city Attorney Kevin Beck what else the City can do about all of these properties. Mr. Beck responded that it is hard to prove someone is operating a home business. Building Official Mike Johnson will continue to work on these problem properties and give an update on the progress at a future meeting. MS4 Audit Report On January 5, 2024 Gem Lake had its first MS4 Audit. After the audit was completed, the Minnesota Pollution Control Agency (MPCA) had sufficient information to allege that the city of Gem Lake, (hereinafter Regulated Party) had violated nine (9) provisions of the Municipal Separate Storm Sewer Systems (MS4) General Permit in Gem Lake, Ramsey County, Minnesota. See attached report for specific violations. The City is in the process of correcting these violations. There is some concern with being able to correct a concern related to training of public safety staff. Gem Lake does not have its own public safety staff, the job is contracted out to a neighboring city. The public safety department does not currently require the training from the MPCA. Mayor Artig-Swomley asked City Attorney Kevin Beck what the city can legally do to try and ensure this gets completed, to which Mr. Beck feels may be tricky to require them to do something they don’t currently do. City Engineer SEH should be able to help out with correcting some of the other violations. Gem Lake Clean-Up Day Discussion Gem Lake is partnering with White Bear Township for the second year for the Town clean-up day scheduled for May 18. Based on Gem Lake resident participation in 2023 the Township is considering changing the participation fee from a flat rate to a per car rate. The Township will finalize their decision and a resolution will be ready for Council review at the March meeting. New Business VLAWMO Workshops March 7 & 14 at Heritage Hall VLAWMO will be holding two (2) workshops at Heritage Hall. The first workshop featuring Grant Program 101 will be on March 7, 2024 from 6:00 p.m. – 7:30 p.m. The second workshop featuring Raingardens 101 will be on March 14, 2024 from 6:00 p.m. – 7:30 p.m. Councilmember Amlee will plan to attend the workshop on March 14. Office Computer Replacement The front office computer is at the 5 year mark and it scheduled to be replaced this year. Metro-INET sent Acting City Clerk Melissa Lawrence the specs and pricing for a new computer that is comparable to the current one. The computer has started to run a little slower compared to when Mrs. Lawrence started working for the City and things are starting to freeze. Mrs. Lawrence would also like to replace the old 23” City of Gem Lake City Council Meeting Minutes February 20, 2024 3 | Page monitor in the office and upgrade it to the same 27” monitor that was purchased a year or two ago so that both monitors are the same size. The replacement computer would cost $808.85 and a replacement monitor would cost $185.59 for a total of $994.44. Councilmember Cacioppo suggested adding another $100.00 to the total in the case that a larger monitor could be purchased. Councilmember Cacioppo introduced a motion to approve the purchase of a new computer and monitor not to exceed $1,100.00, seconded by Mayor Artig-Swomley. Voice vote taken, all voted yes, motion carried. Future Charitable Gambling Donations White Bear Lake Emergency Food Shelf Mayor Artig-Swomley suggested that the Council make a donation in March in the amount of $500.00 to the White Bear Lake Emergency Food Shelf. Councilmember Lindner introduced a motion to request a donation in the amount of $500.00 for the White Bear Lake Emergency Food Shelf, seconded by Councilmember Amlee. Voice vote taken, all voted yes, motion carried. Community Outreach to Other Cities and Government Bodies City Attorney Kevin Beck sent a letter to the City of White Bear Lake regarding the additional charges for the building upgrades and at this time he has not received a response. White Bear Township has also taken this action. Mr. Beck has also not heard anything from the City of Vadnais Heights at this time regarding the water rates for Summit Farm Lane. Vadnais is still waiting for the DNR to settle on the lawsuit before moving forward. Presentations from the Public, 2 Minutes Maximum Resident Nick Cress had a question regarding the water rate progress. Mayor Artig-Swomley reiterated what City Attorney Kevin Beck had just explained regarding the situation. Gem Lake will continue to work on this in hopes that a resolution will be coming in the next couple of months. Open Items for Council Members to Bring Up Mayor Artig-Swomley shared with the Council that the Acting City Clerks annual performance review will be due at the end of March and that a form will be sent to all Councilmembers for everyone to supply feedback if they would like to. Future Council Meetings City Council, Tuesday, March 19, 2024. City Council Workshop, Monday, March 11, 2024 is CANCELED. Attendance Inquiry At this time all Councilmembers in attendance will be at the March meeting. Adjournment Being there no further business, following a motion from Councilmember Lindner, seconded by Councilmember Cacioppo, the meeting adjourned at 7:51 p.m. Respectfully submitted, Melissa Lawrence City of Gem Lake Planning Commission Meeting Minutes March 12, 2024 1 | Page City of Gem Lake Planning Commission Meeting – March 12, 2024 Meeting Minutes Planning Commission Chair Joshua Patrick called the meeting to order at 7:00 p.m. Commission Members Art Pratt, Don Cummings were present. Not present were Derek Wippich and Stephanie Farrell. Also present: City Planner Evan Monson, Apprentice City Planner CJ Sycks, City Attorney Stand-in Martin Norder, and Acting City Clerk Melissa Lawrence. March 12, 2024 A motion was made by Commissioner Pratt to accept the agenda, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion carried, agenda accepted. Minutes A motion was made by Commissioner Pratt to approve the February 13, 2024, Planning Commission Meeting minutes, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion carried, minutes are approved. Public Hearings None Old Business Ordinance No. 45 Garbage and Refuse Discussion City Planner Evan Monson shared with the Commission that over the last few meetings, the Planning Commission has discussed updates to the garbage and refuse ordinance (ordinance 45). The commissioners reviewed different examples of garbage ordinances from nearby communities, and reviewed results of a survey that was sent out by city staff last fall to residents on their garbage hauling service. A redlined draft ordinance was submitted for review by the commissioners, with changes proposed to address comments and suggestions made at previous meetings. Also included was a clean draft of the proposed ordinance. The ordinance is now more streamlined and brought up to date. It also leaves room for future changes if the City decides to contract out a garbage hauler. A motion was made by Commissioner Pratt to forward the updated ordinance no. 45 to the City Council for approval, seconded by Commission Chair Patrick. Voice vote taken, all voted yes, motion carried. Gem Lake Tree Policy Discussion City Attorney Kevin Beck put together a FAQ’s sheet with a couple scenarios regarding trees on public property. These FAQ’s will be put online for residents. The Commission reviewed the suggested FAQ’s and believed they would be a great addition to the website. A motion was made by Commissioner Cummings to forward FAQ’s sheet to the City Council for approval, seconded by Commissioner Pratt. Voice vote taken, all voted yes, motion carried. Beekeeping Discussion Apprentice City Planner CJ Sycks presented the Commission with a draft revision of Ordinance No. 142 Agricultural and Wild Animals, to include information on beekeeping regulations. The Minnesota Hobby Beekeepers Association has prepared a model ordinance for beekeeping. The proposed additions are derived from this model ordinance, as well as the beekeeping ordinances adopted by St. Paul Park, Shakopee, and White Bear Lake. A new section was added to Ordinance No. 142 to include information on permitted operations, permitting and inspections, definitions, standards of practice and right of entry for inspections. The Planning Commission should review draft Ordinance No. 142. Any further changes should be recommended to staff. If there are no edits, a recommendation may be made to the City Council for their review. The Commission reviewed the new suggested section and requested a slight edit to one of the definitions and to add language that would prohibit the sale of items in the Gateway District. The edits will be made and then recommended to the Council. City of Gem Lake Planning Commission Meeting Minutes March 12, 2024 2 | Page A motion was made by Commissioner Cummings to forward the suggested beekeeping language with the completed suggested edits to Ordinance No. 142 to the City Council for approval, seconded by Commission Chair Pratt. Voice vote taken, all voted yes, motion carried. New Business None Open Items for Commission Members to Bring Up Commissioner Cummings shared with the Commission that there is discussion of overnight camping going on in the world and whether it is lawful to keep someone from doing it on public land. This is not a pressing issue, but Commissioner Cummings wanted to bring it to the attention of the Commission. Future Meetings City Council Meeting, Tuesday, March 19, 2024 at Heritage Hall, and Planning Commission Meeting, Tuesday, April 9, 2024 at Heritage Hall. Attendance Inquiry Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues attending the April 9, 2024 meeting. At this time those in attendance will all be at the next meeting. Adjournment Being there no further business, following a motion from Commissioner Pratt, seconded by Commissioner Cummings, the meeting adjourned at 7:45 p.m. Respectfully submitted, Melissa Lawrence City of Gem Lake, MN Resolution No. 2024-004 March 19, 2024 A RESOLUTION AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A PORTION OF THE CHARITABLE GAMBLING FUNDS TO THE WHITE BEAR LAKE AREA FOOD SHELF. WHEREAS, the City of Gem Lake participates in the distribution of charitable gambling funds received from the Country Lounge WHEREAS, the City of Gem Lake distributes these funds to local 501(c)(3) tax-exempt organizations WHEREAS, the City of Gem Lake City Council suggested a donation at their February 20, 2024 meeting in support of the White Bear Lake Area Food Shelf. NOW, THEREFORE BE IT RESOLVED, by the City of Gem Lake, Minnesota, the City Treasurer is authorized to send $500.00 to support the White Bear Lake Area Food Shelf for the month of March 2024. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of _____ in favor and _____ against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. March 19, 2024 Melissa Lawrence, Acting City Clerk Date City of Gem Lake, MN Resolution No. 2024-005 March 19, 2024 A RESOLUTION AUTHORIZING THE CITY OF GEM LAKE TO ENTER INTO A JOINT RECYCLING EVENT AGREEMENT WITH WHITE BEAR TOWNSHIP. WHEREAS, the City of Gem Lake and White Bear Township have entered into an agreement for a joint annual recycling event beginning for fiscal year 2024; WHEREAS, the city of Gem Lake and White Bear Township agree to revisit the agreement annually; WHEREAS, the City of Gem Lake and White Bear Township agree that White Bear Township will charge $10.00 per household to cover the cost of the city’s participation; WHEREAS, the City of Gem Lake will provide an official list of households to the Public Works Department of White Bear Township prior to the event annually. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Gem Lake approves the joint recycling event agreement with White Bear Township beginning fiscal year 2024. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember __________ and supported by Councilmember __________, and upon vote being taken thereon, the resolution passed with a vote of _____ in favor and _____ against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. March 19, 2024 Melissa Lawrence, Acting City Clerk Date City of Gem Lake Utility Rate Changes for 2024 Annually, the City’s Treasurer and City Council reviews the City’s utility rates as rate changes are made to both Vadnais Heights and White Bear Lake rates. The usage rates listed below generate revenue for operating costs. The new rates take effect in 2024 – 1st quarter utility bill for service in January through March. Water Rates Residential Customers: Water Supplied by Vadnais Heights Volume rates are per 1,000 gallons Consumption Per Quarter 2023 Rate 2024 Rate Water Base Rate (flat fee) $55.00 $55.00 Tier 1: 0-15,000 gallons $8.10 $8.10 Tier 2: 15,001-25,000 gallons $10.15 $10.15 Tier 3: 25,001 + gallons $12.75 $12.75 Irrigation Base Rate $55.00 $55.00 Tier 1: 50,000 + gallons $10.75 $10.75 Commercial & Industrial Customers: Water Supplied by White Bear Lake Volume rates are per 750 gallons Consumption Per Quarter 2023 Rate 2024 Rate Water Base Rate (flat fee) $55.00 $55.00 Tier 1: 0-6,000 gallons $14.25 $14.25 Tier 2: 6,001-20,250 gallons $2.40 $2.40 Tier 3: 20,251-56,520 gallons $2.50 $2.50 Tier 4: 56,521 + gallons $2.60 $2.60 State Water Testing Fee: The state’s annual water testing fee is $9.72 for 2024, which is $2.43 each quarter. The City collects this fee on the quarterly utility bills and submits the funds directly to the State. The City does not set the rate nor keep any of the funds. Sewer Rates Residential Customers: Sewer Vadnais Heights Volume rates are per 1,000 gallons Consumption Per Quarter 2023 Rate 2024 Rate Sewer Base Rate (flat fee)* $55.00 $55.00 Volume Rate $10.00 $10.00 *Residential base rate includes 6,000 gallons of usage. Any usage over 6,000 gallons will be billed at the volume rate plus the base rate. Sewer Only Accounts Flat Rate Per Quarter 2023 Rate 2024 Rate Sewer Base Rate (flat fee) $50.00 $55.00 Commercial & Industrial Customers: Sewer White Bear Lake Volume rates are per 750 gallons Consumption Per Quarter 2023 Rate 2024 Rate Sewer Base Rate (flat fee)* $55.00 $55.00 Tier 1: 0-6,000 gallons $40.40 $40.40 Tier 2: 6,001 + gallons $5.05 $5.05 Sewer Only Accounts Flat Rate Per Quarter 2023 Rate 2024 Rate Sewer Base Rate (flat fee) $50.00 $55.00 Red Lily Digital, LLC | redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Gem Lake Hosting Proposal March 8, 2024 Gem Lake Hosting Prepared for the City of Gem Lake, MN March 8, 2024 Project Specifications and Preliminary Recommendations Red Lily Digital will setup a new Flywheel ‘Tiny’ account, move Gem Lake’s current database and file system from GoDaddy hosting to Flywheel hosting. (https://getflywheel.com) After the move, Red Lily Digital will test the site to ensure everything was moved successfully. Once final aproval is given, the DNS will be updated to point ‘https://www. gemlakemn.com’ to new the Flywheel server. Flywheel Tiny Plan ($150/year) includes: • 1 site • 5,000 montly visitors • 5GB storage • 20GB of bandwith • Simple SSL Certificates • Staging site • Nightly backups Benefits of hosting with Flywheel (https://getflywheel.com/) • Managed WordPress hosting: Flywheel provides servers and services that are tailored specifically for WordPress. This means your site will experience the highest quality of performance and security because every server is optimized for a single CMS. • Lightning-fast, reliable site performance: Flywheel’s infrastructure is optimized to give your WordPress site maximum uptime and insanely fast page speeds. Their container technology powered by the Google Cloud Platform enables Flywheel to ramp up instantly to meet traffic spikes, surges, and everything in between. • Auto-healing Technology: Your site will fix itself in the rare event of a service failure, meaning better uptime, more reliable performance, and fewer site crashes. • Flycache: Their custom caching technology is optimized for the most popular themes and plugins to make sure your site is cached (or not!) when it should be. • Maximum security against hackers and malware: Flywheel’s rock-solid platform was carefully crafted from every angle to protect your WordPress sites from threats. That means no more stressing about security plugins and far more peace of mind. • Free Malware Cleanup: Plugin Security Alerts, delivered to your inbox, notify you of plugins that could put your site at risk. If malware does appear on your site, Flywheel will fix it for free. • Automatic Nightly Backyups: store backups of your site on a separate server for 30 days. Rolling back is an easy one-click restore. redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Project Summary Move gemlakemn.com to Flywheel _____________________________________________________________$320 Estimated 4 hours; time and materials $80/hour. Includes: Setup of new Flywheel account, moving database and file system from GoDaddy to Flywheel, testing, update DNS to point to new Flywheel server. Deliverables: gemlakemn.com hosted on a fast and secure server with staging capabilites. Flywheel Tiny Plan ____________________________________________________________________________$150/yr Paid by Gem Lake’s credit card setup directly on Flywheel. Includes: 5,000 monthly visits, 5GB storage, 20GB bandwidth, Simple SSL Certificates, One-click backups / recovery, Nightly backups, Staging site, and Plugin Security Alerts. redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Terms and Conditions of Service If this proposal meets with your approval, please indicate such approval by signing below and returning one copy to Red Lily Digital (“Red Lily Digital”). Services. Red Lily Digital agrees to perform the services described in this proposal (the “Services”), subject to these terms and conditions (these “Terms”). Payment Terms. Client shall pay Flywheel directly. All fees due to Red Lily Digital will be invoiced monthly until project completion. Alternate payment schedules may be considered in some cases. Payment terms are 30 days from the date of invoice. Travel to locations outside the Minneapolis/St. Paul Metro area are not included in bid. Red Lily Digital reserves the right to modify price information quoted on proposals that are more than 60 days old. Red Lily Digital may, at its discretion, increase the cost of ongoing or recurring services by a reasonable amount due to market conditions. Client will be notified of any such price increase at least 60 days in advance. Ongoing Services will recur on a monthly basis, until such time as they are canceled in writing, by either party, with at least 30 days’ notice. Intellectual Property Provisions. Upon completion of the Services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, Red Lily Digital hereby assigns to Client all right and title in and to any logos, illustrations, content, layouts, website code or other deliverables, in each case that are specifically created for Client pursuant to this proposal but specifically excluding Designer Tools or third-party products or software (“Deliverables”). Red Lily Digital agrees to reasonably cooperate with Client and shall execute any additional documents necessary to accomplish such assignment. Client acknowledges that Red Lily Digital has developed and continues to develop Designer Tools for use in connection with its business. To the extent Designer Tools are made available to Client or are required for the functioning or maintenance of the Deliverables: (i) Client shall have a perpetual, irrevocable right to use, copy, modify, and create derivative works of such materials solely as necessary to support the applicable Deliverables, and for no other purpose, and (ii) the Designer Tools shall remain the sole and exclusive property of Red Lily Digital and Red Lily Digital shall have the irrevocable right to use any such Designer Tools in any manner Red Lily Digital elects. For purposes of these Terms, “Designer Tools” means Red Lily Digital’s ideas, concepts, know-how, expertise, methods, methodologies, functional and technical architectures, techniques or skills, systems, templates, software, code, tools, processes, concepts, configurations, designs, algorithms, documentation, data and other materials, and writings in which any of the same are fixed, that Red Lily Digital has developed or is developing in connection with its business independent of this proposal. Indemnification by Client. Client agrees to indemnify, defend and hold harmless Red Lily Digital from any and all damages, liabilities, costs, losses or expenses in any third party claim arising from Client’s (i) breach of these Terms, (ii) gross negligence or willful misconduct, (iii) infringement or misappropriation of a third party’s intellectual property, and/or (iv) any third party claim that use of the Deliverables, Design Tools, or the Services fails to comply with any state or federal disability laws such as the Americans with Disabilities Act or similar laws. Limitation of Liability. In all circumstances, the maximum liability of Red Lily Digital, its directors, employees, design agents and affiliates to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the fees actually received by Red Lily Digital under this proposal. In no event shall Red Lily Digital be liable for any lost data or content, lost profits, business interruption or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the Services provided by Red Lily Digital, even if Red Lily Digital has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Warranty Period. “Support Services” means commercially reasonable technical support and assistance to maintain and update any deliverables, including correcting any errors or deficiencies, but shall not include the development of enhancements to the deliverables or other services outside the scope of the Proposal. During the first three (3) months following the delivery of a deliverable (“Warranty Period”), if any, Red Lily Digital shall provide up to four (4) hours of Support Services at no additional cost to Client. Additional time shall be billed at Red Lily Digital’s regular hourly rate then in effect upon the date of the request for additional support. Disclaimer of Warranties. Red Lily Digital DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THIS PROPOSAL OR THE SERVICES. Maintenance and Additional Requests. Additional requests beyond the scope of this proposal will be bid separately, or as documented change orders, agreed to by the Client and Red Lily Digital and billed separately at Red Lily Digital’s then-current hourly rate, it being understood that Red Lily Digital shall not be obligated to provide any such additional work. Additional requests may include additional support, account or project management beyond what is included in this proposal, or additional design or development work. Any additional requests or additional services performed by Red Lily Digital will be subject to these Terms absent a separate written agreement entered into by the parties. Severability. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. Entire Agreement. These Terms, together with the proposal, constitutes the complete and exclusive statement of the terms and conditions of the agreement between Red Lily Digital and Gem Lake with respect to the subject matter hereof, and supersedes all oral or written proposals and all other communications, understandings, or agreements between the parties relating to the subject matter hereof. Conflict. In the event of a conflict between the terms and provisions of this Terms and the terms and provisions of the proposal, the terms and provisions of these Terms shall control. Governing Law; Venue. These Terms and this proposal shall be construed in accordance with the laws of the State of Minnesota without regard to conflicts of laws principles. Red Lily Digital and Seller irrevocably and unconditionally consent to the exclusive jurisdiction of the federal and state courts located in Ramsey County, Minnesota. Acceptance Thank you for the opportunity to submit this proposal. If you have any questions, please call me at (651) 428-4335 or, if you are ready to approve, please sign and return one copy to Red Lily Digital. We look forward to working with you! Sincerely, Melinda Alvar, Principal, Red Lily Digital Signed by: redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Red Lily Digital, LLC | redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Gem Lake Website Proposal March 8, 2024 Gem Lake Website Design Prepared for the City of Gem Lake, MN March 8, 2024 Project Specifications and Preliminary Recommendations Red Lily Digital will strategize, design and develop a custom website for Gem Lake, Minnesota official city website. • The website will use the brand’s logo and color scheme, with a look-and-feel that is modern and engaging, including the tools needed to create unique user experiences. • Red Lily Digital will integrate WordPress, a fully-featured, open-source Content Management System (CMS) with a WYSIWYG editor, allowing Gem Lake admin users to log in and make updates. • WordPress’ block builder (Gutenberg) will be used to create and build pages. Site admins will be able to easily edit and create new pages based off blocks and block patterns to enhance the user experience and improve engagement. • The website will be designed from a mobile-responsive perspective so that while it will be compatible with all modern desktop browsers, it will be designed for browsing and conversions on mobile, and every size between. • Red Lily Digital will make recommendations on overall site architecture and may propose new content to be created, as well as consolidation, reorganization, and editing of existing content. Multiple types of website users and their distinct conversion paths will be considered, as well as user engagement strategies. • Training and consultation make it easy for Gem Lake to have a high degree of control of the site, including editing and maintaining site content and pages, updating general information, as well as the navigation, web forms, video, images, and links to content elsewhere on the web. redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Website Design & Development Process Kickoff and Additional Discovery Meetings We start every project by listening to your business and marketing goals to create smart, customized solutions through a collaborative process. Additional discovery meetings may be scheduled as needed for further strategy development and research. Strategy, Site Architecture, and Wireframes After the kickoff meeting Red Lily Digital will create a site map as well as a home and sample secondary page wireframes, showing key content areas and functionality for the website. Red Lily Digital will discuss these initial documents with Gem Lake, gather feedback, and revise the sitemap and wireframes accordingly. Web Design After approval on the site architecture, Red Lily Digital will begin creating a unique, custom concept for creative direction for the site, incorporating the Gem Lake color scheme, logo, and brand elements. Red Lily Digital will design key page types showing variations in the design patterns to be used site-wide. Red Lily Digital will present and discuss initial layouts with Gem Lake, and Gem Lake will have the opportunity to direct changes. Red Lily Digital will then revise these layouts, incorporating Gem Lake feedback, and create layouts for additional unique page types to be used throughout the website. Web Development Red Lily Digital will integrate WordPress, a fully-featured, open-source Content Management System (CMS) with a WYSIWYG editor, allowing Gem Lake admin users to log in and make updates to website pages/articles and sidebar/ repeating elements, including text, links, images, forms, downloadable files, SEO/Meta content, and navigation (including publishing and unpublishing pages), via a web browser. After approval on all mockups/layouts, Red Lily Digital will begin building the site pages in PHP/HTML/CSS on a development server. Red Lily Digital will present an initial development proof to Gem Lake for feedback, make necessary changes, and move into full development after approval. The website will be built in a scalable fashion, allowing future additional content to be added to the site and its navigation. All pages will utilize a printable stylesheet that optimizes the screen display for print format. Red Lily Digital will test on both Mac and PC platforms as well as supported browsers and mobile and tablet devices/operating systems. All uploaded media (images, files) are viewable through an integrated Media Manager. YouTube or Vimeo video(s) can also be easily embedded. Content Migration and Styling, & Training Red Lily Digital will provide two 1-hour conference-based training to Gem Lake, if desired. Going Live & Measurement Tools In order to launch successfully and maintain any existing site performance, Red Lily Digital will ensure that 301 redirects have been created and implemented at site launch, followed by submitting sitemap(s) to Google at launch to ensure the website is crawled and re-indexed effectively. Additional go-live checklist tasks will occur to ensure that the new site launches smoothly. After final testing and approval to launch by Gem Lake, Red Lily Digital will determine an appropriate launch date and time and make the necessary DNS updates to effectively launch the new website. Optional Deliverables Accessibility Compliance-Related Functionality via accessiBe Users that visit the site will have a diverse range of abilities. The solution and tooling available from accessiBe is one form of enhancing accessibility compliance that should be considered by Gem Lake. Red Lily Digital will integrate this third-party tool with the website following Gem Lake establishing its account and license to utilize accessiBe’s software. Additional support, customization and source code remediation may be performed time and materials as approved after a further discovery of requirements. In all cases, Gem Lake accepts final responsibility for any accessibility issues. Red Lily Digital recommends that regardless of compliance, all websites contain an accessibility policy which should be reviewed by Gem Lake’s legal team. As part of our base project, we will create a new page that is linked within the footer of every page. GDPR and CCPA Compliance-Related Functionality via complianz.io Consumer privacy regulations are constantly evolving. GDPR and CCPA (a derivative of GDPR established by California legislators) are two of the more well-known acronyms for these sets of regulations, though there are many derivatives in place in other territories. The solution and tooling available from Complianz is one form of enhancing consumer privacy regulation compliance that should be considered by Gem Lake. Red Lily Digital will integrate this third-party tool with the website. Red Lily Digital recommends that regardless of compliance, all websites contain a privacy policy that includes language that addresses these regulations; Red Lily Digital can provide sample language but all privacy policy language and compliance functions should be reviewed and amended by Gem Lake’s legal team. In all cases, Gem Lake accepts final responsibility for any compliance issues. Additional Plugins While we maintain developer licenses for many commonly used plugins and can pass that savings on to you, some premium plugins and themes require paid licenses. If you have an existing site with paid plugin or theme license needs, we will provide pricing information for your approval prior to purchase, and, in some instances, alternatives. Budget Notes The cost estimates detailed in this proposal are best-faith estimates based on prior experience with projects of this type. Any changes to project requirements may change these estimates. The final cost of the estimates within this document may fluctuate by 15%. If there are changes to the complexity, scope, or technical requirements, these estimates may change more significantly. In that case, we will work with the client to 1) reduce the scope of the project to meet the original cost; 2) provide a new Statement of Work or change order with adjusted schedule and fees; 3) cancel the project. Additions to scope to be priced at time/materials based on $80/hour. All content, photography, illustration, multimedia, and other third-party licensed content/media not provided by Gem Lake or directly addressed in this proposal are additional, cost TBD depending on usage and source. Each step in the creative and web development process requires final approval prior to starting the next step. Any additional revisions to approved steps will be defined as out of scope and may incur additional charges. This scope of work assumes that Gem Lake is planning to launch (go live) and host the website on a Gem Lake provisioned hosting account with WP Engine or Flywheel. If Gem Lake is planning to provision an alternate hosting provider or host internally, the final deliverable of this project will be a ZIP file and database backup of the final site for Gem Lake’s team to manage the launch process after file hand off. Additional launch support is available upon request, hourly. redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Project Summary Custom WordPress Website ___________________________________________________________________$6000 Estimated 75 hours; time and materials $80/hour. Red Lily Digital will design and develop your new website utilizing your brand assets and content that you provide. Red Lily Digital will build the site using WordPress as a content management system (CMS) with WordPress’ Gutenberg editor building up to 20 pages. The steps to complete the website include discovery, research, information architecture, wireframes, design, development, testing, training (if desired), and site launch via WPEngine, Flywheel or file/database hand off. Website features include: - Mobile responsive - Site search - Sticky header - Video and interactive media embedding - Optionally enabled alert bar - Redirect implementation via CMS - Yoast SEO plugin/tooling - Contact Form Accessibility (ADA) Compliance-Related Functionality via accessiBe (optional) _____________$490/yr Setup and install accessiBe (optional) ___________________________________________________________$160 Estimated 2 hours; time and materials $80/hour. Includes integration of this third-party tool and solution toward achieving accessibility compliance. Estimate and third-party tool selection to be confirmed based on client requirements. GDPR and CCPA Compliance-Related Functionality via Complianz (optional) __________________$320 Estimated 4 hours; time and materials $80/hour. Includes integration of this third-party tool and solution toward achieving consumer privacy compliance. Estimate and third-party tool selection to be confirmed based on client requirements. Additional Requests (Ad Hoc or Project-Based) _______________________________________________$80/hr Red Lily Digital will assist with additional requests (Ad Hoc or Project Based) that are not included in the scope listed above and will be charged at an hourly rate and invoiced monthly. redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Terms and Conditions of Service The authorized contract total, with the options Gem Lake (“Client”) selected, is $_____________. If this proposal meets with your approval, please indicate such approval by signing below and returning one copy to Red Lily Digital (“Red Lily Digital”). Services. Red Lily Digital agrees to perform the services described in this proposal (the “Services”), subject to these terms and conditions (these “Terms”). Payment Terms. Client shall pay fifty percent (50%) of all fees due to Red Lily Digital for the performance of the Services at the project start. The remaining fees will be invoiced monthly until project completion. Alternate payment schedules may be considered in some cases. Payment terms are 30 days from the date of invoice. Travel to locations outside the Minneapolis/St. Paul Metro area are not included in bid. Red Lily Digital reserves the right to modify price information quoted on proposals that are more than 60 days old. Red Lily Digital may, at its discretion, increase the cost of ongoing or recurring services by a reasonable amount due to market conditions. Client will be notified of any such price increase at least 60 days in advance. Ongoing Services will recur on a monthly basis, until such time as they are canceled in writing, by either party, with at least 30 days’ notice. Intellectual Property Provisions. Upon completion of the Services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, Red Lily Digital hereby assigns to Client all right and title in and to any logos, illustrations, content, layouts, website code or other deliverables, in each case that are specifically created for Client pursuant to this proposal but specifically excluding Designer Tools or third-party products or software (“Deliverables”). Red Lily Digital agrees to reasonably cooperate with Client and shall execute any additional documents necessary to accomplish such assignment. Client acknowledges that Red Lily Digital has developed and continues to develop Designer Tools for use in connection with its business. To the extent Designer Tools are made available to Client or are required for the functioning or maintenance of the Deliverables: (i) Client shall have a perpetual, irrevocable right to use, copy, modify, and create derivative works of such materials solely as necessary to support the applicable Deliverables, and for no other purpose, and (ii) the Designer Tools shall remain the sole and exclusive property of Red Lily Digital and Red Lily Digital shall have the irrevocable right to use any such Designer Tools in any manner Red Lily Digital elects. For purposes of these Terms, “Designer Tools” means Red Lily Digital’s ideas, concepts, know-how, expertise, methods, methodologies, functional and technical architectures, techniques or skills, systems, templates, software, code, tools, processes, concepts, configurations, designs, algorithms, documentation, data and other materials, and writings in which any of the same are fixed, that Red Lily Digital has developed or is developing in connection with its business independent of this proposal. Indemnification by Client. Client agrees to indemnify, defend and hold harmless Red Lily Digital from any and all damages, liabilities, costs, losses or expenses in any third party claim arising from Client’s (i) breach of these Terms, (ii) gross negligence or willful misconduct, (iii) infringement or misappropriation of a third party’s intellectual property, and/or (iv) any third party claim that use of the Deliverables, Design Tools, or the Services fails to comply with any state or federal disability laws such as the Americans with Disabilities Act or similar laws. Limitation of Liability. In all circumstances, the maximum liability of Red Lily Digital, its directors, employees, design agents and affiliates to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the fees actually received by Red Lily Digital under this proposal. In no event shall Red Lily Digital be liable for any lost data or content, lost profits, business interruption or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the Services provided by Red Lily Digital, even if Red Lily Digital has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com Warranty Period. “Support Services” means commercially reasonable technical support and assistance to maintain and update any deliverables, including correcting any errors or deficiencies, but shall not include the development of enhancements to the deliverables or other services outside the scope of the Proposal. During the first three (3) months following the delivery of a deliverable (“Warranty Period”), if any, Red Lily Digital shall provide up to four (4) hours of Support Services at no additional cost to Client. Additional time shall be billed at Red Lily Digital’s regular hourly rate then in effect upon the date of the request for additional support. Disclaimer of Warranties. Red Lily Digital DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THIS PROPOSAL OR THE SERVICES. Maintenance and Additional Requests. Additional requests beyond the scope of this proposal will be bid separately, or as documented change orders, agreed to by the Client and Red Lily Digital and billed separately at Red Lily Digital’s then-current hourly rate, it being understood that Red Lily Digital shall not be obligated to provide any such additional work. Additional requests may include additional support, account or project management beyond what is included in this proposal, or additional design or development work. Any additional requests or additional services performed by Red Lily Digital will be subject to these Terms absent a separate written agreement entered into by the parties. Severability. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. Entire Agreement. These Terms, together with the proposal, constitutes the complete and exclusive statement of the terms and conditions of the agreement between Red Lily Digital and Gem Lake with respect to the subject matter hereof, and supersedes all oral or written proposals and all other communications, understandings, or agreements between the parties relating to the subject matter hereof. Conflict. In the event of a conflict between the terms and provisions of this Terms and the terms and provisions of the proposal, the terms and provisions of these Terms shall control. Governing Law; Venue. These Terms and this proposal shall be construed in accordance with the laws of the State of Minnesota without regard to conflicts of laws principles. Red Lily Digital and Seller irrevocably and unconditionally consent to the exclusive jurisdiction of the federal and state courts located in Ramsey County, Minnesota. Acceptance Thank you for the opportunity to submit this proposal. If you have any questions, please call me at (651) 428-4335 or, if you are ready to approve, please sign and return one copy to Red Lily Digital. We look forward to working with you! Sincerely, Melinda Alvar, Principal, Red Lily Digital Signed by: redlilydigital.com | 651-428-4335 | mindy@redlilydigital.com I’m not sure how the pay for City Council and Mayor were decided, but I was trying to look and see what others are getting paid and I wanted to see what you thought. Also, if someone doesn’t come to a meeting, should they still get paid for that month? Or do we treat it as “earned vacation time”? Might be time to update the current ordinance and have a pay review? It looks like the current ordinance was passed in 2014 for 2015. It’s been 9 years since the pay was looked at. Howard Lake MN – Meets the third Monday of each month (population 1,852) Mayor - $5,000.00 per year ($416.67 a month, $1,250.00 a quarter) Council - $3,750.00 per year ($312.50 a month, $937.50 a quarter) Edina MN – Meets the first and third Tuesday of each month (population 53,037) Mayor - $13,500.00 per year (if meeting only once a year - $6,750.00 a year, $562.50 a month, $1,687.50 a quarter) Council - $10,740.00 per year (if meeting only once a year - $5,370.00 a year, $447.50 a month, $1342.50 a quarter) Brainerd MN - Meets the first and third Monday of each month (population 14,412) Mayor - $7,800.00 per year (if meeting only once a year - $3,900.00 a year, $325.00 a month, $975.00 a quarter) Council - $6,600.00 per year (if meeting only once a year - $3,300.00 a year, $275.00 a month, $825.00 a quarter) St. Cloud MN - Meets two Monday of each month (population 68,910) Mayor - $14,000.00 per year (if meeting only once a year - $7,000.00 a year, $583.33 a month, $1,750.00 a quarter) Council - $12,500.00 per year (if meeting only once a year - $6,250.00 a year, $520.83 a month, $1,562.50 a quarter) From:Cristy Reetz To:Melissa Lawrence Subject:Gem Lake - quote Date:Tuesday, March 5, 2024 12:22:04 PM Attachments:image001.png Importance:High You don't often get email from cristy.reetz@mranet.org. Learn why this is important Caution: This email originated outside our organization; please use caution. Hi Melissa, Per our conversation on 02/28, below is a table that includes the work to be performed and cost associated. Market Pricing (1 job title)Cost ($240 per hour, non-member rate) Up to 2 hours Up to $580 Let me know if you have any questions. Thank you! Cristy Reetz Compensation Director Main: 763-253-9100 | Direct: 763-253-9132 MRA | 5980 Golden Hills Drive | Golden Valley | MN | 55416 Cristy.Reetz@mranet.org | www.mranet.org CONFIDENTIALITY NOTICE: MRA values your membership and trust in our HR Services. This email, including any attachments, is for the sole use of the intended recipients and may contain confidential information. If you have received this email in error, please contact the sender immediately and delete the material from your computer. The information provided is not intended to be legal advice. Who owns a tree that straddles a property line? Generally, the location of the trunk is used to determine ownership. When a tree straddles a property line, however, various factors are used to determine ownership, including the intention of the property owners. For example, was the tree planted jointly? Do the neighbors treat it as common property through a written agreement or course of conduct sharing responsibility for caring for the tree (e.g., splitting costs for pruning and maintenance). What if a tree is located on my property but its limbs hang over a neighboring property? Branches that overhang or roots that enter a neighboring property could be considered a nuisance. “Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.” Minn. Stat. 561.01. For instance, if a tree planted on your property grows across the boundary line impacting your neighbor’s use and enjoyment of their property, it could be considered a nuisance and the remedy could be monetary or removal of the tree. Can I trim branches that overhang onto my property? You can prune branches of a neighbor’s tree that encroaches onto your property. However, you should take several precautions when doing so. Prune only to the property line. Get permission from your neighbor if you need to enter their property to conduct the pruning. Do not cut down the trunk. Take reasonable steps to insure that the pruning will not be harmful to the tree. For example, pruning at a time of year that will not leave the tree susceptible to disease. When in doubt, seek an opinion from a certified arborist for proper tree maintenance advice. Can I cut down a tree on my neighbor's property that overhangs my yard? No. Cutting down a tree on another’s property without permission is trespass and carries a specific penalty—Minnesota law provides that whoever intentionally cuts down a tree without the tree owner’s permission can be assessed three times the amount of monetary loss suffered by the tree owner. Monetary loss can be measured in terms of the replacement cost for a similar tree (species, size, health, and location). If the tree damage is unintentional, then the penalty would not be tripled but would be the replacement cost. Can I be liable if my tree falls and causes damage? Possibly. If you know or reasonably know that your tree is unsound, you could be liable if it falls and causes damage. You are expected to recognize obvious symptoms of a potential issue (e.g., dead limbs, visible decay, leaning perilously). You should also be aware of targets in the path of a falling tree like fences, buildings, cars, etc. What should I do if I have issues or concerns with my neighbor’s tree? Talk to your neighbor. It is almost always better to reach an amicable agreement than to expend the time, effort, and money fighting in court. CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road | Gem Lake, MN 55110 651-747-2790/92 | 651-747-2795 (fax) E-mail city@gemlakemn.org City Council Meeting – April 16, 2024 Call to Order of City Council Meeting By Mayor Artig-Swomley at 7:_____ p.m. Call of Roll Artig-Swomley Cacioppo Hynes-Amlee Johnson Lindner Approve Agenda and Minutes • Accept the Agenda for the April 16, 2024 City Council Meeting • Approve the Minutes from March 19, 2024 City Council Meeting • Accept the Minutes from the April 9, 2024 Planning Commission Meeting Special Presentations/Public Hearings • None Consent Agenda • Resolution #2024-006 April 2024 Donation to White Bear Lake Area Food Shelf • Monthly Financial Report(s) • Claims Committee Reports • Planning Commission Old Business • Newsletter Updates / Topics / Suggestions • White Bear Montessori Conduit Debt Proposal New Business • Future Charitable Gambling Donations o White Bear Lake Emergency Food Shelf Community Outreach to Other Cities and Government Bodies Presentations from the Public, 2 minutes maximum Open Items for Council Members to Bring Up Future Council Meetings • Next City Council Meeting, Tuesday, April 16, 2024 o Attendance Inquiry • Next City Council Workshop, Monday, April 8, 2024 - CANCELED Performance Review / Pay Discussion – Closed Meeting Council Only Adjournment – The meeting adjourned at ________