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HomeMy WebLinkAbout2025 10-21 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 – October 21, 2025 Call to Order of City Council Meeting By Mayor Artig-Swomley at 7:_____ p.m. Call of Roll Artig-Swomley Cacioppo Patrick Johnson Lindner Approve Agenda and Minutes • Accept the Agenda for the October 21, 2025, City Council Meeting • Approve the Minutes of September 16, 2025, City Council Meeting • Accept the Minutes of October 7, 2025, Planning Commission Meeting Special Presentations/Public Hearings • None Consent Agenda • Resolution #2025-027; Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Ramsey County Property Tax Rolls - Utility Billing • Resolution #2025-028; Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Ramsey County Property Tax Rolls – 2024 Annual Septic Maintenance Inspections • Resolution #2025-029; Resolution Authorizing the City Treasurer to Distribute a Portion of the Charitable Gambling Funds to the White Bear Lake Area Food Shelf • Monthly Financial Report(s) • Claims Committee Reports • Planning Commission Old Business • Newsletter Updates / Topics / Suggestions • Future Water System Planning New Business • A Conditional Use Permit, Variance and Special Home Occupation License for an In-Home Financial Business using over 50% of the residence, more than one non-resident employee, and more than three off-street parking spaces at 3646 Labore Road. o Resolution 2025-30; A Resolution Approving/Denying a Conditional Use Permit for 3646 Labore Road, Parcel ID 283022440005 o Resolution 2025-31; A Resolution Approving/Denying a Variance for 3646 Labore Road, Parcel ID 283022440005 o Resolution 2025-32; A Resolution Approving/Denying a Home Occupation License for 3646 Labore Road, Parcel ID 283022440005 • Accept an Estimate for Installation of Evergreen Trees northwest of Summit Farm Lane – Willow River Company • 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 • Special City Council Meeting, Monday, November 10, 2025 o Attendance Inquiry • City Council Meeting, Tuesday, November 18, 2025 o Attendance Inquiry Adjournment – The meeting adjourned at ________ City of Gem Lake City Council Meeting Minutes September 16, 2025 1 City of Gem Lake City Council Meeting – September 16, 2025 Meeting Minutes Mayor Gretchen Artig-Swomley called the meeting to order at 7:03 p.m. Councilmembers Len Cacioppo, Ben Johnson, and Joshua Patrick were present. Councilmember Jim Lindner was a planned absent. Also present: City Attorney Martin Norder, City Treasurer Tom Kelly, City Engineer Justin Gese, City Clerk Barb Suciu, Gem Lake and residents Deb Suhadolnik, and Jim Wilson. September 16, 2025, Agenda A motion was introduced by Councilmember Cacioppo to accept the agenda, seconded by Councilmember Johnson. Motion carried 4-0. Minutes A motion was introduced by Councilmember Cacioppo, seconded by Councilmember Johnson to approve August 19, 2025, City Council Meeting minutes. Motion carried 4-0. Special Presentations/Public Hearings 2024 Audit Presentation – James Eichten, CPA, MMKR MMKR CPA James Eichten gave a report on the 2024 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 31, 2024: • MMKR has issued an unmodified opinion on the City’s basic financial statements. • MMKR has reported two matters involving the City’s internal control over financial reporting that is considered to be a material weakness: o Inadequate segregation of duties which is due to the limited size of the City’s office staff. o Software conversion and error correction which provided challenges during the audit process. • The results of MMKR’s testing disclosed no instances of noncompliance with Minnesota law and regulations. 2026 Preliminary Budget Presentation / Public Hearing – Tom Kelly, White Bear Lake Township Finance Officer Tom Kelly, Finance Officer, stated 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 council auditor is required to use the authority’s previous year’s final levy as the levy for the following year. Mr. Kelly stated the 2026 preliminary property tax levy is proposed at $768,005, which is a 4.667% increase from the 2025 certified preliminary property tax levy. The 2026 preliminary property tax levy consists of a debt levy of $85,778, an increase from the 2025 preliminary property tax levy, and general operating levy of $682,227, and increase of 4.955% from the 2025 preliminary tax levy. 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 Cacioppo introduced a motion to open the public hearing at 7:23 p.m. on the 2025 preliminary budget, seconded by Councilmember Patrick. Motion carried 4-0. The public had no comment on the subject. Councilmember Cacioppo introduced a motion to close the public hearing at 7:25 p.m. on the 2025 preliminary budget, seconded by Councilmember Patrick. Motion carried 4-0. City of Gem Lake City Council Meeting Minutes September 16, 2025 2 A motion was introduced by Councilmember Cacioppo, seconded by Councilmember Johnson to approve Resolution #2025-025 Adopting the Preliminary Amount to be Raised by Property Taxation for the year 2026. Motion carried 4-0. Consent Agenda Resolution #2025-026 September 2025 Donation to White Bear Lake Area Food Shelf Monthly Financial Report(s) Claims All items on the consent agenda were reviewed by the Council. Councilmember Cacioppo introduced a motion to approve all the items listed on the consent agenda, seconded by Councilmember Johnson. Motion carried 4-0. Committee Reports Old Business Newsletter Updates / Topics / Suggestions The mayor indicated there is one more article to be added to the upcoming newsletter. She encouraged the city council to assist in proof reading and send all amendments to the city clerk. Future Water System Planning Justin Gese, SEH, presented the draft feasibility study evaluating extending municipal water service to properties along Goose Lake Road, Tessier Road, Haven Lane, Big Fox Road, and Little Fox Lane. The study identifies extending a 12-inch water main from Vadnais Heights along Labore Road, with connections at Little Fox Lane and Goose Lake Road and supporting 6-inch mains to local streets, as the most cost-effective and feasible option. Mr. Gese indicated they have been in discussions with the City of Vadnais Heights about the project and will continue these discussions. The City of Vadnais Heights will be breaking ground on the apartment building in October 2025. He indicated there are funding gaps in the proposed project and was input from the City Council on this issue. It was the consensus of the City Council to continue to move forward with the project. Gem Lake Trail Policy Update Mayor Artig-Swomley presented the updated Gem Lake Trail policy with additional language regarding trail maintenance. A motion was introduced by Councilmember Cacioppo, seconded by Councilmember Johnson to accept the amended language in the Gem Lake Trail Policy. Motion carried 4-0. New Business 2026 White Bear Lake Police and Fire Contract Discussion Mayor Artig-Swomley indicated the contracts for White Bear Lake Police and Fire had moderate increases with 4.16% and 1.22% respectively. A motion was introduced by Councilmember Cacioppo, seconded by Councilmember Johnson to accept the 2026 White Bear Lake Police and Fire Contracts. Motion carried 4-0. Scheduling of Date and Time of Truth in Taxation Hearing The Truth in Taxation Hearing will be held on December 16, 2025, at 7:00 p.m. during the regularly scheduled meeting. Heritage Hall Room Rental Coverage Thursday, October 30, 2025 – Otter Lake Technology City of Gem Lake City Council Meeting Minutes September 16, 2025 3 Councilmember Johnson will be in attendance. Tuesday, October 28, 2025 – White Bear Preserve Condo Association Councilmember Johnson will be in attendance. Archery Deer Hunting Applications 5 Daniels Farm Road A permit request for a hunt on private property located at 5 Daniels Farm Road was received. The requested dates of the hunt will be October 30-November 1, November 7-9, and November 14-16. The hunting party consists of 9 hunters, all of which have obtained their Bow Hunters Certification and a MN DNR Hunting License. Deer stand locations were given and consent of neighbors has been received. A motion was introduced by Councilmember Johnson to approve the Archery Deer Hunting application at 5 Daniels Farm Road, seconded by Councilmember Cacioppo. Motion carried 4-0. 7 & 11 Daniels Farm Road A permit request for a hunt on private property located at 7 & 11 Daniels Farm Road was received. The requested dates of the hunt will be October 3-5, November 1-3, and November 14-16. The hunting party consists of 13 hunters, all of which have obtained their Bow Hunters Certification and a MN DNR Hunting License. Deer stand locations were given and consent of neighbors has been received. A motion was introduced by Councilmember Patrick introduced a motion to approve the Archery Deer Hunting application at 7 & 11 Daniels Farm Road, seconded by Councilmember Cacioppo. Motion carried 4-0. 1270 Goose Lake Road A permit request for a hunt on private property located at 1270 Goose Lake Road was received. The requested dates of the hunt will be November 7-9, and November 21-23. The hunting party consists of 5 hunters, all of which have obtained their Bow Hunters Certification and a MN DNR Hunting License. Deer stand locations were given and consent of neighbors has been received. A motion was introduced by Councilmember Johnson introduced a motion to approve the Archery Deer Hunting application at 1270 Goose Lake Road, seconded by Councilmember Cacioppo. Motion carried 4-0. Future Charitable Gambling Donations White Bear Lake Emergency Food Shelf Mayor Artig-Swomley suggested that the Council make a request in October in the amount of $1,500 to the White Bear Lake Emergency Food Shelf. A motion was introduced by Councilmember Patrick to request a donation in the amount of $1500 for the White Bear Lake Emergency Food Shelf, seconded by Councilmember Johnson. Motion carried 4-0. Community Outreach to Other Cities and Government Bodies Presentations from the Public, 2 Minutes Maximum Open Items for Council Members to Bring Up None Future Council Meetings City Council, Tuesday, October 21, 202 5. City Council Workshop, Monday, October 13, 2025, is CANCELED. Attendance Inquiry At this time, all Councilmembers will be in attendance for the October meeting. City of Gem Lake City Council Meeting Minutes September 16, 2025 4 Adjournment There being no further business, following a motion from Councilmember Cacioppo, seconded by Councilmember Johnson, the meeting adjourned at 7:59 p.m. Respectfully submitted, Barbara Suciu City of Gem Lake Planning Commission Meeting Minutes October 7, 2025 1 City of Gem Lake Planning Commission Meeting – October 7, 2025 Meeting Minutes Planning Commission Acting Chair Art Pratt called the meeting to order at 7:00 p.m. Commission Members Art Pratt, Derek Wippich and Daniel Epelboim were present. Commissioner Don Cummings and Stephanie Farrell were not present. Also present were City Planner CJ Sycks, Andrew Boucher, TKDA, City Attorney Martin Norder, Commission Member Alternate Brad Naylor, City Clerk Barb Suciu, Nikki and Jeff Foley and Kale Hassan. October 7, 2025 A motion was introduced by Commissioner Wippich to accept the amended agenda with the 2050 Comprehensive Planning Process discussion being moved to Old Business, seconded by Commissioner Epelboim. Motion carried 3- 0. Minutes A motion was introduced by Commissioner Wippich to approve August 12, 2025, Planning Commission Meeting minutes, seconded by Commissioner Epelboim. Motion carried 3-0. Public Hearings 2050 Comprehensive Planning Process Scope Discussion moved to Old Business 3646 Conditional Use Permit – 3646 Labore Road City Planner Andrew Boucher, City Planner summarized the request. Commission Acting Chair Pratt informed those in attendance that the Commission would begin with the public hearing, and that the public would have a chance to provide input on the topic. Commissioner Wippich introduced a motion to open the public hearing at 7:20 p.m., seconded by Commissioner Epelboim. Motion carried 3-0. Nikki Foley, applicant, indicated the property is not your typical property. It is an 8,500 square foot home on over three acres of land. She clarified that less than 50% of the residence would be used for the business. Mr. Boucher asked what specific areas of the home would used for the office. Nikki indicated the on the main level there are areas kitchen and family areas and main living spaces as the shared space. There is additional space in the basement that would be used for the business. Commissioner Wippich introduced a motion to close the public hearing at 7:31 p.m., seconded by Commissioner Epelboim. Motion carried 3-0. Commissioner Wippich stated that path the applicant is taking would require some rezoning. This is not a home business but a true business. The building needs to be more of a commercial building. For these reasons, I cannot support the application. Commissioner Wippich read Chair Cummings comments that the best and only solution would be to rezone the property. Commission Wippich questioned if there is zoning district that Gem Lake doesn’t have that would suit this property better and being consistent with the Comprehensive Plan. City Planner Sycks indicated that rezoning would be spot zoning for this one property. She added a zoning ordinance amendment would be needed which would take approximately three months. City of Gem Lake Planning Commission Meeting Minutes October 7, 2025 2 Commissioner Wippich introduced a motion to recommend denying the request based on current findings to the City Council of the Conditional Use Permit, Variance and Special Home Occupation License request for an in-home financial service business using over 50% of the residence, more than one non-resident employee, and more than three off-street parking spaces, seconded by Commissioner Epelboim. Motion carried 3-0. Commissioner Wippich introduced a motion to recommend denying the request based on the staff report to the City Council of the Conditional Use Permit, Variance and Special Home Occupation License request for an in-home financial service business using over 50% of the residence, more than one non-resident employee, and more than three off-street parking spaces, seconded by Commissioner Epelboim. Motion carried 3-0. Commissioner Wippich introduced a motion to recommend denying the request based on the staff report to the City Council of the Conditional Use Permit, Variance and Special Home Occupation License request for an in-home financial service business using over 50% of the residence, more than one non-resident employee, and more than three off-street parking spaces, seconded by Commissioner Epelboim. Motion carried 3-0. Old Business 2050 Comprehensive Planning Process Scope Discussion City Planner CJ Sycks summarized the process for the 2050 Comprehensive Plan. She suggested the process start with community engagement which could be public hearings, surveys, or mailers. She indicated the focus is on climate, natural resources, and greenhouse gas submission. TKDA will create a scope of how this will be done. City Planner Sycks recommended in the near future having a Joint City Council and Planning Commission workshop to review the 2050 Comprehensive Planning process. Commissioner Pratt made a motion to schedule a Joint City Council and Planning Commission workshop to review the 2050 Comprehensive Planning process, seconded by Commissioner Wippich. Motion carried 3-0. New Business None Open Items for Commission Members to Bring Up None Future Meetings City Council Meeting, Tuesday, October 21, 2025, at Heritage Hall, and Planning Commission Meeting, Wednesday, November 5, 2025, at Heritage Hall. Attendance Inquiry Commission Acting Chair Pratt surveyed the Commission to see if any of the members would have any issues attending the November meeting Adjournment There being no further business, following a motion from Commissioner Wippich, seconded by Commissioner Pratt at 8:33 p.m. Respectfully submitted, Barb Suciu City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-027 RESOLUTION CERTIFYING DELINQUENT SEWER CHARGES TO THE RAMSEY COUNTY AUDITOR (AUDITOR NO. S372500010) FOR 2025 WHEREAS, Pursuant to due call and notice thereof, the regular meeting of the City Council of the City of Gem Lake, Minnesota, was duly held at Heritage Hall, 4200 Otter Lake Road, at 7:00 p.m. WHEREAS, the following members were present: NOW THEREFORE BE IT RESOLVED, pursuant to Section 4.13.2, of Ordinance No. 64E, the City Clerk, is hereby authorized and directed to certify to the Auditor of Ramsey County, Minnesota, the delinquent sewer charges on the following described parcels of real estate in the City of Gem Lake: Property ID No. Amount Property ID No. Amount 223022440019 $133.79 273022420025 $866.36 223022440021 $292.00 273022420025 $866.36 223022440031 $292.00 273022420025 $866.36 273022120002 $62.62 273022420025 $866.36 273022130001 $288.76 273022420025 $866.36 273022130012 $231.50 273022420025 $866.36 273022420025 $234.31 273022420025 $266.59 Total Delinquent Charges $1,534.98 The motion of the 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. WHEREUPON said Resolution was declared duly passed and adopted. STATE OF MINNESOTA } COUNTY OF RAMSEY } CITY OF GEM LAKE } ATTEST: I, the undersigned, being the duly qualified and City Clerk of the City of Gem Lake, Minnesota, do hereby certify, that I have carefully compared the attached and foregoing Extract of Minutes of the Regular Meeting of the City Council of said City held on the 21st day of October 2025, with the original on file in my office and that the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution directing certification of Delinquent Sewer Charges. WITNESS my hand as such Clerk and the City Clerk’s seal this 21st day of October 2025. Barbara Suciu, City Clerk, City of Gem Lake, Minnesota City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-028 RESOLUTION CERTIFYING DELINQUENT ANNUAL SEPTIC MAINTENANCE INSPECTION CHARGES TO THE RAMSEY COUNTY AUDITOR (AUDITOR NO. S372500020) FOR 2025 WHEREAS, Pursuant to due call and notice thereof, the regular meeting of the City Council of the City of Gem Lake, Minnesota, was duly held at Heritage Hall, 4200 Otter Lake Road, at 7:00 p.m. WHEREAS, the following members were present: NOW THEREFORE BE IT RESOLVED, pursuant to Section 26.e.2, of Ordinance No. 67D, the Clerk, is hereby authorized and directed to certify to the Auditor of Ramsey County, Minnesota, the delinquent septic inspection charge on the following described parcels of real estate in the City of Gem Lake: Property ID No. Amount Property ID No. Amount 283022130014 $90.00 223022430029 $90.00 283022130018 $90.00 223022430027 $90.00 283022130016 $90.00 223022430002 $90.00 283022130015 $90.00 223022430034 $90.00 283022140014 $90.00 283022420004 $90.00 273022220012 $90.00 223022440025 $90.00 273022220026 $90.00 223022440027 $90.00 273022220046 $90.00 223022440022 $90.00 223022430021 $90.00 283022140003 $90.00 Total Delinquent Charges $1,800.00 The motion of the adoption of the foregoing Resolution was duly introduced by Councilmember Lindner and supported by Councilmember Cacioppo, and upon vote being taken thereon, the resolution passed with a vote of ___ in favor and ___ against. WHEREUPON said Resolution was declared duly passed and adopted. STATE OF MINNESOTA } COUNTY OF RAMSEY } CITY OF GEM LAKE } ATTEST I, the undersigned, being the duly qualified and City Clerk of the City of Gem Lake, Minnesota, do hereby certify, that I have carefully compared the attached and foregoing Extract of Minutes of the Regular Meeting of the City Council of said City held on the 21st day of October 2025, with the original on file in my office and that the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution directing certification of Delinquent Annual Septic Maintenance Inspection Charges. WITNESS my hand as such Clerk and the City Clerk’s seal this 21st day of October 2025. Barbara Suciu City Clerk, City of Gem Lake, Minnesota City of Gem Lake County of Ramsey State of Minnesota Resolution No. 2025-029 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 September 16, 2025, 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 $1,500.00 to support the White Bear Lake Area Food Shelf for the month of October 2025. 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, Barbara Suciu, the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. October 21, 2025 Barbara Suciu, City Clerk Date CITY OF GEM LAKE Claims For Payment Period Ending: 10/21/2025 Signatures Approving Claims Date of Approval Gretchen Artig-Swomley, Mayor Ben Johnson, Council Jim Lindner, Council Len Cacioppo, Council Joshua Patrick, Council Tom Kelly, Treasurer Fund Totals $ Amount General Fund 82,261.55 Parks & Playgrounds 2004 Debt Service Fund 2007 Debt Service Fund 425.00 2015 Debt Service Fund 2018 Debt Service Fund 425.00 Improvement Fund Scheuneman Road Improvements Hoffman Road Improvements 602-Sewer Fund 10,757.08 601-Water Fund 11,077.95 Investment Trust Fund Total All Funds 104,946.58 Claims for Payment Check Numbers 12953 through 12983 CHECK REGISTER FOR CITY OF GEM LAKE CHECK DATE 10/21/2025 - 10/21/2025 Check Date Check Vendor Name Amount Bank GEN GENERAL CHECKING 10/21/2025 12953 CINTAS 162.45 10/21/2025 12954 City of White Bear Lake 12,306.25 10/21/2025 12955 City of White Bear Lake 36,518.25 10/21/2025 12956 Coverall of the Twin Cities 320.00 10/21/2025 12957 DEB & DAVE POTHEN 36.47 10/21/2025 12958 Ehlers & Associates 850.00 10/21/2025 12959 GDO Law 170.00 10/21/2025 12960 Gopher State One Call 17.55 10/21/2025 12961 Innovative Office Solutions, 88.47 10/21/2025 12962 Kelly & Lemmons, PA 1,154.50 10/21/2025 12963 KRAFT MECHANICAL 500.00 10/21/2025 12964 LB CARLSON, LLP 10,172.00 10/21/2025 12965 LMC Insurance Trust 58.00 10/21/2025 12966 METRO-INET 1,160.00 10/21/2025 12967 Metropolitan Council 11,023.93 10/21/2025 12968 MINNESOTA DEPARTMENT OF LABOR 1,356.18 10/21/2025 12969 Minnesota UI 1,648.75 10/21/2025 12970 Nykanen Inspections LCC 386.40 10/21/2025 12971 Press Publications 66.00 10/21/2025 12972 Ramsey County 916.00 10/21/2025 12973 RED LILY 197.50 10/21/2025 12974 REPUBLIC SERVICES 1,084.71 10/21/2025 12975 SEH 13,557.54 10/21/2025 12976 SPS Works 103.19 10/21/2025 12977 SUCIU, BARBARA 223.59 10/21/2025 12978 TKDA 2,400.64 10/21/2025 12979 Trade Press Inc 398.00 10/21/2025 12980 White Bear Lake Emergency Foo 1,500.00 10/21/2025 12981 White Bear Township 5,476.05 10/21/2025 12982 WHITE BEAR TOWNSHIP UTILITY B 303.09 10/21/2025 12983 Xcel Energy 791.07 GEN TOTALS: Total of 31 Checks:104,946.58 Less 0 Void Checks:0.00 Total of 31 Disbursements:104,946.58 10/21/2025 08:57 AM Page:1/1 CHECK DISBURSEMENT REPORT FOR CITY OF GEM LAKE CHECK DATE 10/21/2025 - 10/21/2025 Check Date Bank Account Check #Payee Description Accoun t Dept Amount Fund: 100 GENERAL 10/21/2025 GEN 12953 CINTAS CINTAS 40319 41940 31.95 CINTAS AED 40319 41940 130.50 Check GEN 12953 Total for Fund 100 GENERAL 162.45 10/21/2025 GEN 12954 City of White Bear Lake FIRE SERVICES 40311 42200 8,808.10 FIRE INSPECTIONS 40312 42200 1,452.90 PRINCIPAL FIRE BLDG 40311 42200 2,045.25 Check GEN 12954 Total for Fund 100 GENERAL 12,306.25 10/21/2025 GEN 12955 City of White Bear Lake 2025 POLICE CONTRACT 40314 42100 34,309.98 PRINCIPAL ON POLICE FACILITY 40314 42100 2,208.27 Check GEN 12955 Total for Fund 100 GENERAL 36,518.25 10/21/2025 GEN 12956 Coverall of the Twin Cities CLEANING SVCS 10/1/25-10/31/25 40319 41940 320.00 10/21/2025 GEN 12959 GDO Law PROSECUTION MATTERS 41304 41600 170.00 10/21/2025 GEN 12961 Innovative Office Solutions, LLC MISC. SUPPLIES 40200 41400 60.08 MISC. SUPPLIES 40200 41400 28.39 Check GEN 12961 Total for Fund 100 GENERAL 88.47 10/21/2025 GEN 12962 Kelly & Lemmons, PA GENERAL COUNSEL 40304 41600 1,154.50 10/21/2025 GEN 12963 KRAFT MECHANICAL PREVENTIVE MAINTENANCE AGREEMENT 40319 41940 500.00 10/21/2025 GEN 12964 LB CARLSON, LLP FINAL BILLING FOR 2024 40301 41500 10,172.00 10/21/2025 GEN 12965 LMC Insurance Trust 2025 WORKERS COMPENSATION COVERAGE 40151 41900 58.00 10/21/2025 GEN 12966 METRO-INET IT SUPPORT 40309 41900 1,160.00 10/21/2025 GEN 12968 MINNESOTA DEPARTMENT OF LABOR & IN 2025 2ND QUARTER SURCHARGE 32220 00000 14.50 2025 3RD QUARTER SURCHARGE 32220 00000 1,341.68 Check GEN 12968 Total for Fund 100 GENERAL 1,356.18 10/21/2025 GEN 12969 Minnesota UI MN UNEMPLOYMENT INSURANCE 40319 41900 1,648.75 10/21/2025 GEN 12970 Nykanen Inspections LCC SEPTEMBER 2025 INSPECTIONS 32213 00000 386.40 10/21/2025 GEN 12971 Press Publications PRESS PUBLICATIONS 40351 41900 66.00 10/21/2025 GEN 12972 Ramsey County 4TH QTR ELECTION SVCS 40300 41410 916.00 10/21/2025 GEN 12973 RED LILY WEBSITE MAINTENANCE/REDESIGN 40300 41940 197.50 10/21/2025 GEN 12974 REPUBLIC SERVICES REPUBLIC SERVICES 40384 41900 1,084.71 10/21/2025 GEN 12975*#SEH GENERAL ENGINEERING SERVICES 40303 41910 2,164.00 GENERAL ENGINEERING SERVICES 40303 41910 636.46 Check GEN 12975 Total for Fund 100 GENERAL 2,800.46 10/21/2025 GEN 12976 SPS Works ANIMAL TAGS 40200 41900 103.19 10/21/2025 GEN 12977 SUCIU, BARBARA MILEAGE REIMBURSEMENT 40331 41900 23.59 ACH RETURNED FROM FIRST PAYROLL 40101 41900 200.00 Check GEN 12977 Total for Fund 100 GENERAL 223.59 10/21/2025 GEN 12978 TKDA GEM LAKE PLANNING 40308 41910 2,400.64 10/21/2025 08:57 AM Page:1/2 CHECK DISBURSEMENT REPORT FOR CITY OF GEM LAKE CHECK DATE 10/21/2025 - 10/21/2025 Check Date Bank Account Check #Payee Description Accoun t Dept Amount Fund: 100 GENERAL 10/21/2025 GEN 12979 Trade Press Inc NEWSLETTERS 40352 41900 398.00 10/21/2025 GEN 12980 White Bear Lake Emergency Food She OCTOBER 2025 DONATION 22001 00000 1,500.00 10/21/2025 GEN 12981#White Bear Township 6/30/25-9/5/25 BUILDING OFFICIAL 40313 42401 2,137.50 8/22/25-9/5/25 TREASURER 40329 41500 2,612.50 8/25/25-9/5/25 PERMIT TECH 40313 42401 261.25 POSTAGE 40322 41900 51.80 KRAFT MECHANICAL INV# 41118 40319 41940 413.00 Check GEN 12981 Total for Fund 100 GENERAL 5,476.05 10/21/2025 GEN 12982 WHITE BEAR TOWNSHIP UTILITY BILLIN 3RD QUARTER 2025 UTILITY BILL 40385 41940 303.09 10/21/2025 GEN 12983#Xcel Energy XCEL STREET LIGHTS 40386 43122 109.08 XCEL ELECTRIC 40381 41940 623.41 XCEL GAS 40383 41940 58.58 Check GEN 12983 Total for Fund 100 GENERAL 791.07 Total For Fund: 100 82,261.55 Fund: 304 2007 DEBT SERVICE FUND 10/21/2025 GEN 12958*Ehlers & Associates 2025 CONTINUING DISCLOSURE 40620 47000 425.00 Total For Fund: 304 425.00 Fund: 305 2018 DEBT SERVICE FUND 10/21/2025 GEN 12958*Ehlers & Associates 2025 CONTINUING DISCLOSURE 40620 47000 425.00 Total For Fund: 305 425.00 Fund: 601 WATER UTILITY FUND 10/21/2025 GEN 12975*#SEH WATER MAIN PROJECT 40303 43200 10,757.08 Total For Fund: 601 10,757.08 Fund: 602 SEWER UTILITY FUND 10/21/2025 GEN 12957 DEB & DAVE POTHEN RESIDENTIAL 20200 00000 36.47 10/21/2025 GEN 12960 Gopher State One Call GOPHER STATE LOCATES 40319 43200 17.55 10/21/2025 GEN 12967#Metropolitan Council AUGUST 2025 WASTE WATER SERVICES 11500 00000 4,281.89 NOVEMBER 2025 WASTE WATER SERVICES 11500 00000 4,281.89 SEPTEMBER 2025 SAC 40380 43200 2,460.15 Check GEN 12967 Total for Fund 602 SEWER UTILITY FUND 11,023.93 Total For Fund: 602 11,077.95 Report Total:104,946.58 '*'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE FUND '#'-INDICATES CHECK DISTRIBUTED TO MORE THAN ONE DEPARTMENT 10/21/2025 08:57 AM Page:2/2 Memorandum-REVISED To: Gem Lake City Council Project Reference: Variance and Special Home Occupation Copies To: Barbara Suciu, Clerk Jeff and Nikki Foley, Applicant TKDA Project No.: 22428.000 From: Andrew Boucher, Planner Client No.: Phase 0006 Date: October 20, 2025 SUBJECT: Variance and Special Home Occupation License request for an in-home financial service business with more than one non-resident employee and more than three off-street parking spaces. MEETING DATE: October 21, 2025 LOCATION: 3646 Labore Road (Parcel ID 283022440005) APPLICANT/OWNER: Jeff and Nikki Foley, Applicant on behalf of Carole M. Schilling Trust and Carole M. Schilling, Trustee. ZONING: Single Family Executive Residential (RX) ITEMS REVIEWED: Application and plans received on 09/18/2025; revised plans received on 10/16/2025 and 10/20/2025 DESCRIPTION OF THE REQUEST The applicant has the property at 3646 Labore Road under contingency for the purpose of operating a financial service home occupation pending City approval of the required Special Home Occupation License and Variances. The applicant is proposing to have up to 14 non-residential employees working on-site at one time and customers coming to the residence which requires a Special Home Occupation License. The applicant is also seeking approval of a Variance to allow for more than one non-residential employee and more than three off-street parking spaces. The plans submitted by the applicant call for utilizing the main residence to provide appointment-only financial services from Monday – Friday, 9:00 a.m. to 5:00 p.m.; the applicant currently runs the business out of a commercial space in Arden Hills and has provided correspondence stating their intention to establish a primary residence at the subject address. The property survey shows two existing driveways and the applicant states in their narrative that between the two driveways on the property, there are no more than 14 full and part-time employees and a total of 20 parking spaces anticipated. Customers per day on-site vary as the business is appointment-only; the applicant does not anticipate deliveries as the business provides intangible services with no physical product. Appointments will be scheduled for weekdays between normal business hours, 9:00 a.m. to 5:00 p.m. Home Occupations in the city are regulated by Ordinance 134. The ordinance breaks home occupations into three tiers: occupations that require no license or permit, occupations that require a license, and occupations that require a conditional use permit (CUP). The applicant’s home occupation having on-site customers requires a home occupation license. Initially at the Planning Commission, the applicant materials did not determine the percentage of the floor plan that was to be used for the business but has provided materials for the City Council clarifying that a Conditional Use Permit is not required so long as less than 50% of the residence is used for the business. A Variance is required for both the number of non-residential employees and off-street parking spaces. Special Home Occupation – 3646 Labore Road Gem Lake City Council 10/21/2025 October 20, 2025 Page 2 Licenses under Ordinance 134 are reviewed by the Planning Commission and approved or denied by the City Council. PROPERTY INFORMATION Description: The subject property is located at the intersection of Labore Road and City Center Drive with CSAH 15 (County Road E East) to the south. The site slopes to the west, with trees and vegetation located primarily to the south of the property. The subject property includes a house with three detached accessory structures (garage, pool house, and a shed). The detached garage has its own driveway with additional parking provided along the primary structure. The property surrounding the subject property consists of single-family residences to the north and east; a Montessori school to the immediate south, and commercial uses including a medical clinic/office to the west and south of the property. Land Use: Single Family Detached Dwelling Figure 1: Aerial of the site, from Ramsey County GIS. EVALUATION OF REQUEST Applicant’s Narrative The applicant submitted a narrative, included in the meeting packet, explaining the proposed home occupation. Ordinance Criteria Home occupations are regulated under Ordinance No. 134. The ordinance splits home occupations into three types or categories: home occupations that require no permit or license, home occupations that require a license, and home occupations that require a conditional use permit (CUP). The categories are based on the ‘intensity’ of the proposed use; home occupations that are indoors, generate no traffic, and create no nuisances or noises as Special Home Occupation – 3646 Labore Road Gem Lake City Council 10/21/2025 October 20, 2025 Page 3 detected from the street or adjacent properties are the least intensive use, and therefore do not require a permit or license. The second category (home occupations that require a license) applies to a home occupation that does one (or more) of the following: 1. Occupations that have one non-resident employee working on-site at one time. 2. Occupations that require parking of light commercial vehicles, or trailers with a maximum one-ton payload capacity. 3. Occupations that result in manufacturing, processing, or assembly of products on-site. 4. Occupations that result in customers coming to the residence, such as selling of crafts or baked goods, providing teaching or tutoring to multiple students. 5. Occupations that result in deliveries of goods to the residence. The applicant’s proposed home occupation would result in customers coming to the property and based on the revised application materials submitted appears to use less than 50% of the residence for purposes of the business; therefore, it requires a license from the city. Ordinance No. 134 further states that a requirement for a home occupation, an area equivalent to no more than 50% of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. Attachment G shows more than 50% of the lower and main levels used, but does not include bathrooms and hallways, and acknowledges that there will be overlap of shared space for the residence and the business use. A variance is also required to accommodate the total number of non-residential employees desired (14) and number of off-street parking spaces (20 spaces). A variance may not be granted to allow any use that is not allowed in the zoning district in which the property is located. Ordinance No. 131, Section 17 outlines the process and required findings for variances (4). The purpose and intent of a variance is to allow the City Council, sitting as the Board of Appeal and Adjustment, to consider granting Variances should the strict application of the Zoning Ordinance result in practical difficulties. “Practical difficulties”, in the context of a variance, means that: 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance; The owner/applicant is proposing to use the property to operate a home occupation which is a permitted accessory use in the Zoning Ordinance but requires a Conditional Use Permit for use of more than 50% of the residence including accessory structures. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; The plight is due to circumstances created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. The variance, if granted, is in keeping with other adjacent commercial uses in the immediate area but is different from the other residential uses found in the Single-Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity are zoned Gateway which is where much of the public facing commercial activity occurs. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations are not identified or found to be creating practical difficulties. Special Home Occupation – 3646 Labore Road Gem Lake City Council 10/21/2025 October 20, 2025 Page 4 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. This is not applicable to the variance request. Ordinance No. 134, Section 4 outlines requirements for home occupations that require a license or CUP, which are shown below in italics with staff’s comments following. 1. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exceed more than three off-street parking spaces for the home occupation at any given time, in addition to the parking spaces required by the residents. This criterion is not met. A variance application has been made to increase the number of off-street parking spaces for the home occupation beyond the maximum of three spaces to accommodate up to 14 full-time and part-time employees and six (6) customer spaces for a total of 20 off-street parking spaces. Additionally, the business anticipates operating through appointments-only, so no walk-in or unscheduled activity is anticipated. 2. No more than one non-resident employee shall be allowed to work on the premises at one time. Nonresident employees who work off the premises may be allowed to visit the premises. If an on-site employee is parking on site, off-site employees shall not leave their vehicles on site. If there is no on-site employee vehicle parked on site, one off-site employee vehicle may be parked on site. This criterion is met with conditions. The applicant has submitted a variance application to increase the number of nonresidential employees from the maximum of one to no more than 14 full-time and part-time employees. As a condition of approval, no non-residential employees may leave their vehicles on-site outside of business hours. 3. No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this subsection. This criterion is met with conditions. As a condition of approval, the applicant shall include the parking areas for all employees and the area used for customer parking on the survey to demonstrate that vehicles associated with the business will not be parked on the street, block sidewalks, or public easements. 4. An area equivalent to no more than 50 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. This criterion is not met. The applicant initially required and applied for a Conditional Use Permit to allow for more than 50% of the residence to be used for business purposes, but has since provided materials showing not more than 50% of the total residence is being used for the business. However, Attachment G shows that more than 50% of the lower and main levels are to be used or shared between the residential and business use. 5. No equipment or process shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the premises. If electrical interference occurs, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. This criterion is met. The business provides intangible services with no physical product, so no equipment or process is proposed that would create noise, vibration, light, glare, fumes, smoke, dust, odors, or Special Home Occupation – 3646 Labore Road Gem Lake City Council 10/21/2025 October 20, 2025 Page 5 electrical interference detectable to the normal senses off the premises. 6. Storage of materials and goods outdoors is prohibited. This criterion is met. The proposed use does not include any outdoor storage. 7. There shall be no fire, safety or health hazards created by the Home Occupation. This criterion is met. The proposed use shall not create any fire, safety, or health hazards. 8. Any noncompliance with this subsection shall constitute grounds for the denial or revocation of the home occupation license. This criterion is not met. There are several criterion that require further clarification from the applicant or that are unable to be met. The variance application proposes up to 14 full-time and part-time employees and increasing the maximum number of off-street parking spaces beyond the three (3) permitted for a home occupation to a total of 20 off-street parking spaces. The variance, if granted, would not be consistent with other adjacent residential uses found in the Single-Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity that are zoned Gateway which is where much of the public facing commercial activity occurs. The circumstances surrounding the variance are being created by the homeowner and are not currently present. The proposed use of an appointment-only financial services home occupation would generate additional traffic with 14 full-time and part-time employees. The 2040 Comprehensive Plan designates the existing land use as Single Family Residential and the future land use guiding as Single Family – Executive. 9. The City Council may waive any of these requirements if the home occupation is located at least 350 feet from a residential lot line. This criterion is not applicable as the proposed home occupation would be within 350 feet of a neighboring residential lot line. 10. The City Council may add any additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. This criterion is not met. With the additional requirements, the operation of the home occupation will not be compatible with nearby land uses. ACTION The City Council has the following options for the Conditional Use Permit allowing more than 50% of the residence to be used for the purposes of the Home Occupation: 1. No action is required on the Conditional Use Permit because less than 50% of the residence is proposed to be used for the purposes of the Home Occupation. The City Council has the following options for the Special Home Occupation: 1. Recommend approval of the request, with or without conditions. 2. Recommend denial of the request, with findings for denial. 3. Table the request for further review/study. Special Home Occupation – 3646 Labore Road Gem Lake City Council 10/21/2025 October 20, 2025 Page 6 The City Council has the following options for the Variance to allow more than one non-residential employee and more than three off-street parking spaces: 1. Recommend approval of the request, with or without conditions. 2. Recommend denial of the request, with findings for denial. 3. Table the request for further review/study. RECOMMENDATION The Planning Commission reviewed the request during a public hearing on 10/07/2025 and gave a negative recommendation based on the unmet criteria and written legal opinion provided by the City Attorney, Chad Lemmons, on the applications. Staff recommends the City Council deny the Special Home Occupation and Variance applications based the unmet criterion and the written legal opinion provided by the City Attorney. Attachment A: Applicant Narrative Attachment B: Applicant Correspondence, Variance and Conditional Use Applications Attachment C: Special Home Occupation License Application Attachment D: Correspondence with Applicant on 9.16.25 Attachment E: Survey Attachment F: Certificate of Insurance Attachment G: Floor Plan (Revised Floor Plan and Email Correspondence on Oct. 20, 2025) Attachment H: Completeness Letter Attachment I: Public Hearing Notice to Newspaper Attachment J: Public Hearing Notice to Neighbors Attachment K: City Attorney memo dated 10.1.2025 Attachment L: Parking Plan for Back Attachment M: Parking Plan for Front CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-030 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, , Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request a Conditional Use Permit to allow for a home occupation using more than 50% of the residence to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to approve the Conditional Use Permit to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The applicant shall submit for a residential building permit per the floor plans submitted to the City on 09/18/2025 and reviewed with this application. a. The applicant shall revise their plans submitted 09/18/2025 to demonstrate that the home occupation will be secondary and incidental to the primary residential function of the property. 2. No non-residential employees may leave their vehicles on-site outside of business hours and no vehicles associated with the business are allowed to be parked on the street, block sidewalks, or public easements. 3. The applicant shall adhere to all applicable local, State, or Federal regulations. 4. The applicant shall acquire any other applicable local, State, or Federal permits for this request. 5. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 21st day of October, 2025. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-030 A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request a Conditional Use Permit to allow for a home occupation using more than 50% of the residence to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to deny the Conditional Use Permit to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following findings for denial are made: 1. The applicant proposes to use an undetermined percentage of the house for the purposes of operating the business as per the floor plans and narrative submitted to the City on 09/18/2025 and reviewed with this application. a. The applicant has not demonstrated that the home occupation will be secondary and incidental to the primary residential function of the property. 2. The applicant is required to adhere to all applicable local, State, or Federal regulations. 3. The applicant is required to acquire any other applicable local, State, or Federal permits for this request. 4. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 21st day of October, 2025. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-031 A RESOLUTION APPROVING VARIANCES FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, , Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request variances to allow for more than one (1) nonresidential employee and more than three (3) off-street parking spaces to operate a home occupation to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to approve the variance requests to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The applicant shall submit for a residential building permit per the floor plans submitted to the City on 09/18/2025 and reviewed with this application. a. The applicant shall revise their plans submitted 09/18/2025 to demonstrate that the home occupation will be secondary and incidental to the primary residential function of the property. 2. No non-residential employees may leave their vehicles on-site outside of business hours and no vehicles associated with the business are allowed to be parked on the street, block sidewalks, or public easements. 3. The applicant shall adhere to all applicable local, State, or Federal regulations. 4. The applicant shall acquire any other applicable local, State, or Federal permits for this request. 5. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 21st day of October, 2025. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-031 A RESOLUTION DENYING A VARIANCE REQUEST FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request variances to allow for more than one (1) nonresidential employee and more than three (3) off-street parking spaces to operate a home occupation to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to deny the variance requests to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following findings for denial are made as the application has not satisfied the following criteria: 1. Ordinance No. 131, Section 17 (Section 4) outlines the required findings for variance: a. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance; b. The plight of the landowner is due to circumstances unique created by the landowner as the circumstances are not currently present; c. The variance, if granted, is in keeping with other adjacent commercial uses in the immediate area but is different from the other residential uses found in the Single- Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity are zoned Gateway which is where much of the public facing commercial activity occurs. d. Economic considerations alone do not constitute practical difficulties and are not identified or found to be creating practical difficulties. e. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems which is not applicable to this request. 2. The applicant is required to adhere to all applicable local, State, or Federal regulations. 3. The applicant is required acquire any other applicable local, State, or Federal permits for this request. Resolution No.: 2025-31 Page 2 of 2 4. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 21st day of October, 2025. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-032 A RESOLUTION APPROVING A SPECIAL HOME OCCUPATION LICENSE FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request a Special Home Occupation license to allow for a home occupation to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to approve the Special Home Occupation license to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The applicant shall submit for a residential building permit per the floor plans submitted to the City on 09/18/2025 and reviewed with this application. a. The applicant shall revise their plans submitted 09/18/2025 to demonstrate that the home occupation will be secondary and incidental to the primary residential function of the property. 2. No non-residential employees may leave their vehicles on-site outside of business hours and no vehicles associated with the business are allowed to be parked on the street, block sidewalks, or public easements. 3. The applicant shall adhere to all applicable local, State, or Federal regulations. 4. The applicant shall acquire any other applicable local, State, or Federal permits for this request. 5. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 21st day of October, 2025. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2025-032 A RESOLUTION DENYING A SPECIAL HOME OCCUPATION LICENSE FOR 3646 LABORE ROAD, PID 283022440005 WHEREAS, Jeff and Nikki Foley, applicants on behalf of the Carole M. Schilling Trust and Carole M. Schilling, Trustee, the property owner(s) made an application to request a Special Home Occupation license to allow for a home occupation to provide appointment-only financial services located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on October 7, 2025, and determined that the proposed request did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, that it should and hereby does direct staff to deny the Special Home Occupation license to allow for the home occupation located at the property addressed as 3646 Labore Road. FURTHER BE IT RESOLVED that the following findings for denial are made: 1. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exceed more than three off-street parking spaces for the home occupation at any given time, in addition to the parking spaces required by the residents. a.A variance application has been made to increase the number of off-street parking spaces for the home occupation beyond the maximum of three spaces to accommodate up to 20 parking spaces for 14 full-time and part-time employees and six (6) customers. Additionally, the business anticipates operating through appointments-only, so no walk-in or unscheduled activity is anticipated. 2. No more than one non-resident employee shall be allowed to work on the premises at one time. Nonresident employees who work off the premises may be allowed to visit the premises. If an on-site employee is parking on site, off-site employees shall not leave their vehicles on site. If there is no on-site employee vehicle parked on site, one off-site employee vehicle may be parked on site. a. The applicant has submitted a variance application to increase the number of nonresidential employees from the maximum of one to no more than 14 full-time and part-time employees. As a condition of approval, no non-residential employees may leave their vehicles on-site outside of business hours. Resolution No.: 2025-032 Page 2 of 3 3. No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this subsection. a.This criterion is met. The applicant shows 20 total parking spaces contained in the parking areas for all employees and the area used for customer parking on the survey to demonstrate that vehicles associated with the business will not be parked on the street, block sidewalks, or public easements. 4. An area equivalent to no more than 50 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. a.This criterion is met with conditions. The applicant has applied for a Conditional Use Permit to allow for more than 50% of the residence to be used for business purposes. A floor plan clearly delineating the areas of each level shall be provided. 5. No equipment or process shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the premises. If electrical interference occurs, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. a.This criterion is met. The business provides intangible services with no physical product, so no equipment or process is proposed that would create noise, vibration, light, glare, fumes, smoke, dust, odors, or electrical interference detectable to the normal senses off the premises. 6. Storage of materials and goods outdoors is prohibited. a.This criterion is met. The proposed use does not include any outdoor storage. 7. There shall be no fire, safety or health hazards created by the Home Occupation. a.This criterion is met. The proposed use shall not create any fire, safety, or health hazards. 8. Any noncompliance with this subsection shall constitute grounds for the denial or revocation of the home occupation license. a.This criterion is not met. There are several criterion that require further clarification from the applicant or that are unable to be met. The variance application proposes up to 14 full-time and part-time employees and increasing the maximum number of off- street parking spaces beyond the three (3) permitted for a home occupation. The variance, if granted, would not be consistent with other adjacent residential uses found in the Single-Family Executive “RX” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. There are other properties in the vicinity that are zoned Gateway which is where much of the public facing commercial activity occurs. The circumstances surrounding the variance are being created by the homeowner and are not currently present. The proposed use of an appointment-only financial services home occupation would generate additional traffic with 14 full-time and part-time Resolution No.: 2025-032 Page 3 of 3 employees. The 2040 Comprehensive Plan designates the existing land use as Single Family Residential and the future land use guiding as Single Family – Executive. 9. The City Council may waive any of these requirements if the home occupation is located at least 350 feet from a residential lot line. a.This criterion is not applicable as the proposed home occupation would be within 350 feet of a neighboring residential lot line. 10. The City Council may add any additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. a.This criterion is not met. With the additional requirements, the operation of the home occupation will not be compatible with nearby land uses. 11.The applicant proposes to use an undetermined percentage of the house for the purposes of operating the business as per the floor plans and narrative submitted to the City on 09/18/2025 and reviewed with this application. a. The applicant has not demonstrated that the home occupation will be secondary and incidental to the primary residential function of the property. 12.The applicant is required to adhere to all applicable local, State, or Federal regulations. 13.The applicant is required to acquire any other applicable local, State, or Federal permits for this request. 14.The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 21st day of October, 2025. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk -- -- a Special Home Occupation Permit Conditional Use Permit . .- - --- - Attachment A: Applicant Narrative -- -- - -- Section 4.2 Section 4.4 Ordinance No. 134. “No more than one non-resident employee shall be premises may be allowed to visit the premises. If an on-- site employees shall not leave their vehicles on site. If there is no on-site employee vehicle -site employee vehicle may be parked on site.” Request: - -- “An area equivalent to no more than 50 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation.” Request: -- -- Special Home Occupation Application Conditional Use Permit Application Conditional Use Permit Application License Application Checklist Survey from E.G. Rud & Sons, Inc.License Application Checklist - - Attachment B Applicant Correspondence, Variance and Conditional Use Applications City of Gem Special Home Occupation Permit Application - Page 1 of 1 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 Special Home Occupation Permit Application A Special Home Occupation may be granted or denied by the City Council after recommendation by the Planning Commission in accordance with City Ordinance No. 134 Home Occupations. Choose: New Request Renewal Applicant Information Applicant: Address: City: State: Zip: Cell Phone: Email: Property Information Property Owner: Address: City: State: Zip: Cell Phone: Email: Current Zoning: Current Use: Description of Home Occupation Requested: Business Plan Operating Hours: Number of Customers Per Day: Number of Customers Per Week: Parking Management Plan: Marketing Materials: Insurance (Attach a copy of proof of suitable insurance policy with the application) Insurance Company: Policy No: It is the policy of the City of Gem Lake that all identifiable costs associated with Special Home Occupations within the City shall be the sole responsibility of the owner of said property. The costs shall include but are not limited to the following: City planning review costs (reports, meetings, site review); engineering review costs; legal costs (preparation of hearing notices, legal research, certification costs); publication costs (notice of hearing); reapportionment of assessments (engineers report); mailings and Ownership Reports (ownership/encumbrance). Prior to the final approval by the City Council, all City expenses to date shall be paid by the owner. Subsequent expenses not paid at the time of final approval (due to billings by consultants, etc.) shall be due upon receipt of a billing from the City. Applicant Signature: Date: 1 Andrew Boucher From:Andrew Boucher Sent:Tuesday, September 16, 2025 6:04 PM To:Jeff Foley; CJ Sycks Cc:Kale Hassan; Nikki Foley Subject:RE: 3646 Labore Road-SUBMISSION DRAFT Attachments:CUP Application_3646 Labore Road.pdf; Variance-Request-Fillable.pdf; Ordinance- No.-134-Home-Occupations (1).pdf JeƯ, The name can be corrected. That is the City of Gem Lake’s standard variance application, so it can’t necessarily be omitted, but there is a section for description of variance being requested, which is where you would put the number of non-residential employees and maximum number of o Ư-street parking spaces because those are the regulations you are requesting a variance from. I would like to explain the processes a little further, so you understand what you are applying for. A Conditional Use Permit is required because the special home occupation intends to use more than 50% of the floor area for the purposes of the business. A CUP is to establish the use itself and is not to address practical diƯiculties from strict adherence to the zoning code as it is written, which is why the variance process allows for deviations from the strict application of the zoning code. Before the CUP or Special Home Occupation application can be deemed complete, I need to have something in writing describing whether you or Nikki intend to continue the property’s primary residential use by living in the unit as that is the intent of the Home Occupation Ordinance No. 134. I am concerned that the business use is the sole function of the property and that there is no intention to maintain the property’s primary residential use to the point where it is the principal use and the home occupation is secondary/incidental. Let me know if you have any questions or how you would like to proceed. Thanks, Andrew Andrew Boucher Planner P 651.292.4545 | C 651.295.2267 E andrew.boucher@tkda.com 3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 Attachment D - Correspondence with Applicant on 9.16.25 2 From: Jeff Foley <jeff.foley@paladinfinancial.com> Sent: Tuesday, September 16, 2025 5:26 PM To: Andrew Boucher <andrew.boucher@tkda.com>; CJ Sycks <calli.sycks@tkda.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com> Subject: RE: 3646 Labore Road-SUBMISSION DRAFT CAUTION: This email originated from outside of TKDA. Do not click links or open attachments unless you recognize the sender and know the content is safe. Andrew or CJ, Thank you for the information and for your assistance. The Variance Request asks for setbacks. Can that be omitted given that we’re not requesting anything (I believe) that is relevant to that information? Also, I noticed that we had the owner’s name spelt incorrectly in a couple places. We had “Carole” listed, whereas it should be “Carol”. Is that an issue we need to correct? Thank you. Jeff Foley, CFP®, MSM Founder and Investment Advisor Representative T: 651.842.8406 | F: 651.800.4137 jeff.foley@paladinfinancial.com www.paladinfinancial.com 4105 Lexington Avenue North, Suite 230, Arden Hills, MN 55126 3 Listen to our Podcast: Paladin Financial Talk Paladin Wealth, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Paladin Financial and Paladin Wealth. Paladin Capital, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Capital. Insurance products and services offered through Paladin Insurance, LLC (d.b.a. Paladin Insurance). Paladin Insurance, Paladin Wealth, Paladin Capital and their representatives do not render tax, legal, or accounting advice. This email is being sent by or on behalf of an investment advisor. Outgoing and incoming emails are electronically archived and subject to review and/or disclosure to someone other than the recipient. Paladin Financial cannot accept requests for securities transactions or other similar instructions through email. Paladin Financial cannot ensure the security of information emailed over the Internet, so you should be careful when transmitting confidential information such as account numbers and security holdings. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and deleting it from your computer. From: Andrew Boucher <andrew.boucher@tkda.com> Sent: Tuesday, September 16, 2025 3:54 PM To: Jeff Foley <jeff.foley@paladinfinancial.com>; CJ Sycks <calli.sycks@tkda.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com> Subject: RE: 3646 Labore Road-SUBMISSION DRAFT JeƯ, I wanted to introduce myself as an additional Planner helping to support TKDA’s on-call planning clients including the City of Gem Lake. I also wanted to follow up on our phone conversation about the Conditional Use Permit and Special Home Occupation applications we received. After consulting with the City Attorney about the Home Occupation, I confirmed that while a CUP is required because the home occupation is intending to use over 50% of the residence (so a waiver or a variance to this requirement is not needed). That being said, a variance is required for the number of non-residential employees and the number of oƯ-street parking spaces exceeding three (3). I have attached the variance application and your CUP application, the same information can largely be used for the variance. Please submit a variance application and payment of the $500 fee, no later than 12:00PM on Thursday, September 18, 2025. I need to deem both the CUP and Variance complete and send the public notice to the legal newspaper no later than 4:00PM on Thursday. If this is not received by that date and time, then I would strongly recommend withdrawing the application or I will deem it incomplete because otherwise, without the variance, staƯ would have to give a negative recommendation as there would be more than one non-resident employee and more than three (3) oƯ-street parking spaces. The other more urgent item that I feel like needs to be brought up in light of the phone conversation we had is the City’s definition of home occupation: Home Occupation - A use incidental and secondary to a property’s primary residential use. A home occupation use shall not change the residential character of the property or the neighborhood, and 4 shall meet all applicable legal requirements. The standards, permit procedures, and regulations of home occupations are further defined in Ordinance No. 134. Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. I understand that you are concerned about potential risk, and if neither you or Nikki intend to live in the house regularly or semi-regularly. The City Code does not set explicit dates or timeframes for this, but states that a home occupation use shall be incidental and secondary to the property’s primary residential use. After our phone conversation, I would strongly recommend that you and Nikki consider the potential risk and confirm whether you intend the primary use to be residential or commercial because the primary use needs to continue to be residential with the home occupation being subordinate or accessory. If neither you or Nikki intend to live regularly in the house, then it would be di Ưicult to support this from a CUP or a Home Occupation perspective because it would operate primarily as a commercial property. I ran this proposal by the City Attorney as well to confirm my interpretation and concerns, and he had the same position, the home occupation has to be “incidental and secondary to a property’s primary residential use. A home occupation use shall not change the residential character of the property or the neighborhood.” If your intention is to maintain the property’s primary residential use with either yourself or Nikki residing there and the home occupation is incidental and secondary to the principal use, then I would continue with your application. If that is not your intention in establishing a new use, then I would withdraw the application. I’m happy to discuss this further if you’d like, but understand that you are on a timeline as well, so let me know how you would like to proceed. If I have not received a response by Thursday, then I will deem the application incomplete. Thanks, Andrew Andrew Boucher Planner P 651.292.4545 | C 651.295.2267 E andrew.boucher@tkda.com 3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 5 From: CJ Sycks <calli.sycks@tkda.com> Sent: Tuesday, September 16, 2025 1:46 PM To: Jeff Foley <jeff.foley@paladinfinancial.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com>; Andrew Boucher <andrew.boucher@tkda.com> Subject: RE: 3646 Labore Road-SUBMISSION DRAFT Good aŌernoon, I apologize for the delay. I’ve been excepƟonally busy with a few other projects this week and last, however, my delay should not impact your ability to get on the October PC meeƟng agenda. Andrew Boucher, also a Planner for the City, will be reviewing your applica Ɵon today/tomorrow. He will be sharing it with the aƩorney as well to ensure that the condiƟons of your permit are licit. If there are any issues or if it is good to go, he will let you know. Based on my quick review of the materials, it looks that everything has been submi Ʃed, but we will let you know. Below are the answers to your quesƟons, in red. 1. Please verity that the electronic version should be send to city@gemlakemn.org  Yes, this is correct. 2. Do we need the owner’s signature on either the CUP or Special Home Occupa Ɵon Permit?  In lieu of her signature (in case we cannot obtain her signature in Ɵme), would it suffice for us to include the signed purchase agreement that shows she has agreed to the sale being conƟngent upon the City’s approval of our submission?  An owner’s signature is required, please aƩempt to receive such. In the meanƟme, we will speak with the aƩorney, Chad, for his opinion on the purchase agreement. 3. Do we need to complete the Business License ApplicaƟon at this Ɵme or can this be delayed unƟl the City has provided their decision?  Since this is being considered a home occupaƟon, a business license is not required at this Ɵme. We can wait unƟl aŌer approval to determine if it is necessary. Thank you, CJ Sycks Graduate Community Planner C 651.221.4671 E calli.sycks@tkda.com 3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 6 From: Jeff Foley <jeff.foley@paladinfinancial.com> Sent: Monday, September 15, 2025 7:59 PM To: CJ Sycks <calli.sycks@tkda.com> Cc: Kale Hassan <kale@kalehassan.com>; Nikki Foley <nikki.foley@paladinfinancial.com>; Jeff Foley <jeff.foley@paladinfinancial.com> Subject: 3646 Labore Road-SUBMISSION DRAFT CAUTION: This email originated from outside of TKDA. Do not click links or open attachments unless you recognize the sender and know the content is safe. CJ, Good evening. Attached is a draft of our submission. We plan on submitting it electronically to city@gemlakemn.org tomorrow and will hand deliver six physical copies to your oƯice as well. Prior to doing so, we wanted to send you the draft submission to see if there is anything we are missing or suggested changes you might have. We also have a few outstanding questions before we submit: 1. Please verity that the electronic version should be send to city@gemlakemn.org 2. Do we need the owner’s signature on either the CUP or Special Home Occupation Permit?  In lieu of her signature (in case we cannot obtain her signature in time), would it su Ưice for us to include the signed purchase agreement that shows she has agreed to the sale being contingent upon the City’s approval of our submission? 3. Do we need to complete the Business License Application at this time or can this be delayed until the City has provided their decision? Please let us know your thoughts as soon as possible so that we can submit to the city. Thank you again for your assistance! Jeff Foley, CFP®, MSM Founder and Investment Advisor Representative T: 651.842.8406 | F: 651.800.4137 7 jeff.foley@paladinfinancial.com www.paladinfinancial.com 4105 Lexington Avenue North, Suite 230, Arden Hills, MN 55126 Listen to our Podcast: Paladin Financial Talk Paladin Wealth, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Paladin Financial and Paladin Wealth. Paladin Capital, LLC (a SEC Investment Advisor) offers investment advisory services under the d.b.a. of Capital. Insurance products and services offered through Paladin Insurance, LLC (d.b.a. Paladin Insurance). Paladin Insurance, Paladin Wealth, Paladin Capital and their representatives do not render tax, legal, or accounting advice. This email is being sent by or on behalf of an investment advisor. Outgoing and incoming emails are electronically archived and subject to review and/or disclosure to someone other than the recipient. Paladin Financial cannot accept requests for securities transactions or other similar instructions through email. Paladin Financial cannot ensure the security of information emailed over the Internet, so you should be careful when transmitting confidential information such as account numbers and security holdings. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and deleting it from your computer. Attachment E Survey Attachment F - Certificate of Insurance Attachment G - Floor Plan Attachment G - Floor Plan September 18, 2025 Jeff and Nikki Foley 8 Blue Goose Road North Oaks, MN 55127 RE: Conditional Use Permit and Special Home Occupation Requests for 3646 Labore Road (Parcel ID 283022440005) To whom it may concern, On September 17, 2025, the City received your applications and payments to request a Conditional Use Permit (CUP) and Variance for a Special Home Occupation to operate a home occupation providing a financial services business located at the property listed above. Per Ordinance No. 131, Section 17.4.2 Variance Application, Section 17.5.2 Conditional Use Permit application, and Ordinance No. 134, Section 5.2, Home Occupation, your applications meet the minimum requirements and are deemed complete. Based on the correspondence received on September 17, 2025, the applicant stated that they will maintain the property’s primary residential use and one of the property owners will reside in the dwelling unit. Staff reviewed all necessary information and deemed the applications complete on September 18, 2025. The 60-day period for review under Minn. Stat. § 15.99 will end on November 17, 2025. The Gem Lake Planning Commission will review your application on Tuesday, October 7th at 7:00pm. The meeting is located at Heritage Hall (4200 Otter Lake Rd, White Bear Township, MN 55110). It is recommended that you be in attendance to answer any questions the commissioners may have regarding your request. Once a recommendation is made by the Planning Commission, the request would be reviewed for approval or denial by the City Council. If you have questions about this schedule or the review process, please reach out by email or phone at 651.308.0036. If you have any questions about this letter, please reach out by email or phone at andrew.boucher@tkda.com or 651.295.2267. Sincerely, Andrew Boucher Gem Lake City Planner cc: Barbara Suciu, City Clerk CJ Sykes, TKDA Planner Mike Johnson, Building Inspector Chad Lemmons, City Attorney Attachment H: Completeness Letter CITY OF GEM LAKE RAMSEY COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE AMENDMENT September 27, 2025 NOTICE IS HEREBY GIVEN that the Planning Commission of Gem Lake, Ramsey County, Minnesota shall consider an application from Jeff and Nikki Foley for a Conditional Use Permit to establish a Home Occupation, providing financial services, occupying more than 50% of the residence and a Variance for the number of off-street parking spaces and number of non-residential employees allowed. The hearing will take place at the Planning Commission meeting on October 7, 2025, at approximately 7:00 p.m. at the Gem Lake City Hall (4200 Otter Lake Road). A copy of the application and staff report will be available from the City Clerk approximately one week prior to the hearing. Gretchen Artig-Swomley, Mayor Published one time in the White Bear Press on September 27, 2025. Attachment I - Public Hearing Notice to Newspaper September 27, 2025 Dear Resident, The City of Gem Lake, Minnesota, Planning Commission will be holding a public hearing on Tuesday, October 7th, at 7:00 pm. The purpose of the hearing is to consider applications by Jeff and Nikki Foley for a Conditional Use Permit to establish a Home Occupation exceeding 50% of the residence to provide financial services by appointment only and Variance request related to the maximum number of non-residential employees and the maximum number of off-street parking spaces provided. The City’s Consolidated Land Use Ordinance requires a public hearing for all Conditional Use Permit, Variance and the Special Home Occupation applications. You are being notified of this hearing because your property is within 350 feet of the applicant’s property, address here. You may attend the public hearing if you wish to provide comments or ask questions about the proposed request. The meeting will be held at Heritage Hall (4200 Otter Lake Road). You may also submit comments in writing (by letter or email) to Barbara Suciu, City Clerk, at 4200 Otter Lake Road, Gem Lake, MN 55110 or barbara.suciu@gemlakemn.org prior to noon on the day of the meeting. The Clerk will provide all comments received to the Planning Commission. A copy of the staff report and application materials will be available for review prior to the meeting. The meeting materials will be placed on the City of Gem Lake website (https://gemlakemn.org/). Signature Attachment J - Public Hearing Notice to Neighbors 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com Kelly & Lemmons, P.A. A T T O R N E Y S A T L A W • Chad D. Lemmons chadlemmons@kellyandlemmons.com Real Property Law Specialist, Certified by the Real Property Section of the Minnesota State Bar Association City Of Gem Lake City Planning Commission October 1, 2025 VIA EMAIL RE: Application of Jeff and Nikki Foley for conditional use permit, variances, special home occupational licensed for the property Located 3646 Labore Road Gem Lake Minnesota. Dear Commissioners, The goal of the Applicants is to convert a single family home into what is essentially an office building. First, I would like to discuss the application for variance. The rules and regulations governing variances are set forth in Minn. Stat. 462.357 subdivision 6. A key finding when granting a variance is that the plight of the land owner is due to circumstances unique to the property and not created by the land owner. In this situation the plight is a direct result of the applicant’s intention to use the existing home as office space. As a self-created difficulty, it is no basis for granting the requested variance. Variances also require a showing that the property could not be put to a reasonable use unless the variance is granted. Reasonable use is determined by uses (permitted or conditional) allowed under the applicable zoning code. The existing single family use represents a reasonable use of the property. While the proposed use as an office building is not a reasonable use. I would next like to address the request for special home occupation licensee. Under the city’s Consolidated Land Use Ordinance, Ordinance No. 131, a home occupation is a permitted accessory use. in single family executive residential districts, see Section 6 subsection 2 (5). Appendix A to Ordinance 131 defines an accessory use as a use incidental to the primary use. In the single family executive residential district, the primary use is a single family, detached dwelling. The use as Attachment K: City Attorney memo dated 10.1.2025 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com outlined in the application, makes it clear that the proposed office space is not “incidental” to use the property as a single-family home. Rather use as office space is the intended primary use. A primary use which is neither a permitted use or a conditional use under Gem Lake Ordinance 131 in the present zoning district. This also explains why the conditional use permit should be denied. For the reason set forth above it is my recommendation that the conditional use permit, variant, application, and special home occupation license application be denied. To grant the requested permit and licenses will leave the city open for legal actions bought by any citizen of the city. And it would be a legal action the City would lose. Respectfully submit, KELLY & LEMMONS, P.A. /s/ Chad D. Lemmons Chad D. 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Estimate Date: WHITE BEAR TOWNSHIP, MN 55110 WHITE BEAR TOWNSHIP Sep-22-2025 Gem Lake Summit Farm Evergreens White Bear Township, MN 55110 Pete.tholen@whitebeartownship.org (651) 747-2776 Email: Phone: EST5744244Est ID: Tree Replacement $2,910.00 ·Installation of 6 Evergreens near 50 Summit Farm Lane, Gem Lake o Trees to be 6-8' tall o Assorted Evergreens to be a mixture of Balsam Fir, Black Hills Spruce or Norway Spruce pending availability at the time of planting o Includes mulching of trees ·One year Warranty on all trees installed Estimate Total $2,910.00 Subtotal Taxes $2,910.00 $0.00 Contract Payment Summary PO #Contract # page 1 of 254016 Hudson, WI 850 Kelly Road Ericshimon@willowrivertree.com Willow River Company P.715-386-3196 www.WillowRiverTree.com |I| Contractor: Signature Date: Eric Shimon Client: Signature Date:09/23/2025 |SNGT| |mm/dd/yyyy| page 2 of 254016 Hudson, WI 850 Kelly Road Ericshimon@willowrivertree.com Willow River Company P.715-386-3196 www.WillowRiverTree.com |I| CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road I Gem Lake, MN 55110 651-747-2790/92 1 651-747-2795 (fax) E-mail cityggemlakemn.org Gem Lake City Council Meeting October 21, 2025 Sign in Sheet Name Name Please print clearly Please print clearly W�o V I ICK i r1 1 ��. v