Loading...
HomeMy WebLinkAbout2022 12-20 CC PACKETCITY O1F. GEM LAKE Heritage Hall 4� 0, 4200 Otter Lake .Road I Getn.-Lake, MN 55.110 651-74.7.-2790/92 j 651-747-2795. (fax) E-mail e'rtyal 6niakemn.org City.poupeil Meeting— December 20. 20Z2 Call to Order of City Council Meeting By Mayor Artig-Sivomlcy at 7: p.m. Call 6f Roll .Artig-5tvontley Cacioppo Hyncs-Ainlee Joltnson Lindner Approve and A:ecept;Agcoda and. Miiiutes • Accept. die Agenda : for the D&cmbcr 20, 202 2 C ity Council Meet ing • Approve. the Minutes tiom November 15, 2022 City Council Meeting • Approve the Minutes from the November 15, 2022 Canvassing Board Meeting.. Commiitrc Reporls. • Planning Commission Newsletter 0. Topi cs an d. Suggestions N6Y Business • Ttuth-irl-Taxation Public )fearing • Resolution 02022 0031 Approviiig2023..Budget & Levy •. ;Resolutionn 112022-0032.Approving Operating Transfers • BS&.A Con..tract Proposal Approval • Gcm Lake In rr astructurc Issues o BNSF Contract For Drainage Pipe Update O Birkeland Easenrcnt • jittramal. Manauemeni Update o 2023 Meeting Schedule o Clcrk Training • University of Minnesota —Pennit-Teeltin'cians— 1/23122 • ICC Region III Upper Great plains — Administrative/PT Scope of Practice — 26OW-2/14/22 • 2 02 3 SCORE Agreeriient Final • 2023 Fee Schedule Approval • Repeat Ordinance No. 11.0 Keeping .of Pigeons & Ordinance No: 126 Domestic. FQM and replace-willi Ordinance No. I41 Domestic Foivl. & Pigeons •. NMance Ordinance No. 86— Additional Parking Regulations Language THC'ardinance Discussion • Purplc .Line Discussion • Corridor Project Final Report • 'Charitable Gambling Donations o ]resolution #2022-0033 DccembO 2022 Donation to Whitd..liear Lake Area: Food Shelf • Cgmtnunity Outreach to Other Cities. and Govenuncnt Bodies • Ciairns • Monthly Financial Reports •. Presentations tiara die Public; 2 uiinutes maximwn • Open Items for Council Members to firing Up Future Council Meetings • Next City Council Meeting, Tuesday, January 17. 2022 o Attendance. Inquiry Naxt City. Council Workslwp,. Monday, January: 9, 202.2 -.CANCELED. `:.. Adjournment —`tiremeeting Kqutned•at I A m CITY OF GEM LAKE 1-lertage Hall Af 4200 Otter Lake Road. j Gem Lako; MN 55110 ALT6Y; _ 6$1*747-2790/921651-747-27 5 (fax)- E=mail city—gemlakemn.org - Name !'!vase print clearly Gem Lake City Council Meeting becembex 2% 1022. Sign in Sheet Nskmo Plcaw print -clearly City of Gem Lake City Coutrell Meeting— November 15, 2022 Meeting -Minutes Mayor Gretclieit.Artig-Swomley called the:mceting to ot'der at 7:03 p:m. Councilmembers Jith Lindner and Ben Johnson -were present'. Councilmembers 6en.Cacioppo and Laurel Amlee were riot present. Also present: City Attorney Patrick Kelly, City Treasurer Tom Kelly, White Bear Lake Fire Chief Greg Peterson, White Bear Lake. City Manager Lindy. Crawford, B.S.&A.Soiiware.Account Executive Dan.$urns; Acting City Clerk Melissa Lawrence, Planning Commission .Chair Joshua Patrick.and residenwMike Murzyn,. Jim Wilson, Daniel Epiiboim and Brad Naylor. 'November 15, 2022 Agenda A motion.. was introduced by.Councilmember Linder'to accept the agenda; seconded by Councilmember Johnson. Voice vote taken,: all voted yes, motion passes, agenda'aceepted. Minutes •A motion.was introduced by Councilmember Lindner,.. seconded by Mayor Artig-Swomley to.approve the October 18;2022;.City Councii Meeting Minutes.. Voice vote taken, all voted yes, motion passes, minutes approved. Councilmember Johnson abstained because he wasnot present at the October meeting. A motion was introduced by Councilmember Lindner; seconded by Councilmember Johnson to accept. the November 9, 2022, Planning Commission Meeting Minutes.. Voice vote taken, all voted yes, motion passes, minutes. accepted.. Committee Reports -- Planning Commission Commissioner Chair Joshua Patrick gave a report of the Planning Commission meeting held Wednesday,'November 9,2022. A public hearing. was held regarding a Variance Request: at 10 Hillary Farm Lane fora I00.' pool setback. The Commission recommends approval based on City Planner Evan Monson`s recommended conditions. Old: business that was discussed included permitted uses in the Consolidated Lane Use Ordinance and the Metropolitan C6undil2040 Systetn'Statement. At this time the Commission had no eztra'idput on the PermittM.uses.and wants to handletltem on a case by case basis. The Commission.wottld.still like to comic up -with a formal statement at some point regkrding the System Statement.. Newsletter The Mayors goal is to get another Newsletter out in early December. The Newsletter would contain topics such as the. -election results, the new restaurant on County Road E, and article written by Councilmember Lindner, an.update on Luther EadiIlae, .MPCA, feature story an White Bear Townships Public Works Director:and the Corridor study results. New Business Guest Speakers from JClty of White Bear-Lzko — Greg Petersonjftfre.Chlef & Lindy Crawford, City Manager Gem Lake contracts for Fire Servleesthrough the White Bear Lake Fire department. Fire -Chief C3reg Peterson gave a summary .o€ fire calls in 2022, Gem Lake has had approximately 36:calls for service. They have:consisted of27 medical, .1. commercial fire, I rttbbisb-fire, 2 alarm sounding; I Brush fire, 1 natural gas leak., 7 carbon monoxide and-2 lift assists.. The f im Department has 32: Firefighters/Paramedics, eleven (11.) full-time.firefighters/paramedics, three (3) full-time Captains, sixteen (1.6) part-time Firefighters/EM.Ts/Parantedics.and. three (3) full -time -thief Officer's. The.average response.time ts*6s 10 ap a couple seconds front last year; Ori average WBL has 14 calls per day with an: average run duration of 39 minutes,: Training is done tl*bughotit the. year which includes water rescue, airplane. crash rescue -and but. rescue. The ddpartmentpurchased an old bus and tipped it.on its side to practice.resc.ues.... 01y-of6cm t akeCity Council Meeting Minutes November 15, 2022 .11ltuLAe City: Manager Lindy Crawford shared regarding some projects. the.City has -scheduled. The City.of White.Bear Lake will be replacing the current fire apparatus bay, adding a. police garage, interior remodeling -to .support current and future operations; adding secure staff parking and other needed-biiilding updates. The Council recently awarded a contractVitich exceeded the planned budget, but it was decided that the current.plan was already a basic one Mclnb:additional alterations could be made. All quotes tt eded the planned' budget. Construction is.set to begin March-2023 and the .projet t. is set.to be substantially complete June 2024. The Council recently awarded contract which exceeded'4he planned budget, but it was decided that the current plan was already a basic one and. no -additional alterations could be made. All quotes exceeded the planned budget. Software Demonstration from BS&A — Dan Burns, Account. Executive & Ryhan Carrier, Solution Specialist Aceopnt:Executive Dan.Burns.gayd a.summary of the company BS&A Soflware:.;The company was created in 1987 and is based out. of Michigan.. The success of their products. has solidified B.S&A Software's reputation for providing industry Ieading applications, innovative solutions, and unmatched service and support::.:.all for an exceptionally affordable price. BS&A Software partners with Microsoft Azure. At this time BS&A has`2,000 plus clients,. more than 1,700 Finance Management customers in 17 ESTICTL states, At this time the company is not looking to expand into other states. At this:time BS&A has 24 customers in Minnesota with 6 more signing. on. Solution Specialist Ryhan .Carrier gave iin overview of what the software will .look Iike..Mr..Carrier. :showed the Council .many different tools and. options in the software. The Council liked what.thgy. saw and thought itwould .be a good idea.to have.all the.C4's programs under one system,.but would.like to wait until .December to make a.decision because not all'Councilmembers were present for the meeting: Gem Lake Infrastructure Issues. Gem Lake 'Frail update. Next.year when the City deeipes to plant new trees in. the Villas and along the public trail the Council would like to get.citizert feedback.. The residents.of the Villas would have more knowledge -on .the-trees-hri ie area that.are dead. and need to be.replaced.and areas that more. trees could be.needed. BNSF Contract for Drainage Pipe Update City Attorney Patrick. Kelly reported that a license agreement in the.amount of $1.,250.00 has been nief*by negotiation., down from $7,000.00. BNSF is also going to waive the :$1,266.00..RPLI fee, acid the annual charge because those items. were.not part of the.initial discussion. It will be a 25 year license. Counc.ilmember Lindner introduced a motion to finalize. and conclude the negotiations with BNSF and pay the $1,250.00 license fee, seconded by Councilmember Johnson. Voice vote taken, all voted yes, motion passes. Weycift-Hauler Transition .Update The City has had acouple pickups and everything.seems.to be going well for the City. There area few residents that.still have some ol~the old haulers recycling containers. A mass email will be sent out to residents that we have an email for fo let them know that if they still have a bin that they can bring it to Heritage Helfand the City Clerk will call Waste Management to come pick them up. hiternal Management OfiiM Printer The main printer mn the officeis beginning to slow down and not woik as effectively as: it used to and -is 7 years bld. The .City Clerk contacted Roseville IT and requested a quote on a tiew basic CityorGem I.A.CCity Council Meeting Minutes November tS,2022 '21 j' .i g a printer that can function the same.as the.qurrent•.one. A new printer was. found and ordered per the Mayor's app>oval for $525.49.. Variance Request for a .100ft pool setback at 10 Hillary Farm .Lane The property owner is proposing to build an in -ground pool in the backyard of their -property; Their lot is a lakeshore lot, located on the east side of Gem. Lake: The owner's residenceJs located neaelbe•middle of the property, and ata.distance: of approximately 154 feet front the: ordinary high water level:{OHWQ of the la..ke.'rhe.pool would be. placed just west of the house, and at a setback of 128.4 feet from the lake, -at the nearest point.. Due to the•lot's•proxiniity.to the lake, it -is within the Shoreiand Overlay,.which is.. further:detailed.in Section 21 of the city's Consolidated Land Use Ordinance. The setback from the lake (as measured from the OHWL) shall beat a min in! um•of l•50 feet. Thepropos-ed.pool would encroach within this:setback by 2.1.6 feet, hence the variance request`: City Planner Evan Monson recommends approval based on the recommendations prepared by himself which include:. 1. The applicant•is.permitted to build the proposed pool and impervious surfaces at a. setback of t28A feet from the OWL. of the lake, as shown in the plans.submitted to the city and reviewed with the request. 2. The applicant is required to acquire all necessary permits -and approvals from the city for the proposed project. 3. The applicant is required to adhere to all applicable, local,. State, or federal regulations. 4. The applicant is required to.acquire any. :other applicable. local,.State;.or Federal. permits for this request, 5. The applicant shall. pay all: fees. and escrows associated with the.variance request. Councilmember Lindner would- like to make•SureAatalthough recommendation numi2er 3 includes any conditions from•the DNR he•would like it caltei( otit specifically that DNR .approval is required. Cbuncilmember Lindnerimtoduced a motidfi-tor4tcommend approval of the Variance Request pending. the. DNR's opiniion.0id.C;ity Planners conditions and recommendations, seconded by Councilmember Johnson. Void vote.taken, all voted.yes; motion passes, Variance. Request is approved. Annual Septic 1Hlaintenanee Inspect. Discussion. The City's annual'septic inspection took place in October, unfortunately a tighter time. frante was not given to inform residents that may have had to .locate their access point. The. Council discussed the possibility of .adding language to. the Septic Ordinance .thatwould require..puntping every. three (3) years and the: possibility o.ftMnging.the.cdmpany die City.uses for -the inspections. Resolution #2022-0024 Designated Polling, Places City of Gem Litke•2023 Minnesota Statute 204B-.16 requires.the City Council :to designate polling-plaeeS.forthe upcoming year by resolution. The motion for adoption. of the foregoing Resolution.was offered.by Couneiimember.Lindner and was supported by Councilmember Johnson. and upon vote .being taken thereon, the Resolution passed with a vote. of 3 in &.or•and 0 againsL Resolution #2022-001$ SCORE Grant Funding 2023 The motion for adoptign of tlie:fotegoing Resolution was duly.introd.uced by Councilmember Lindner and supported by•Couneilmember Johnson, and upon.vote being:tpken thereon, the resolution passed witlf.a vote.of.3 in favor and 01gainst. Corridor Project UpdAte Counciimember*.lblinsonsltared•thatthe.projectis in the final review.phase and.the. near, mid and long-term plans.. are beingreviewed with the community. Councilmember Johnson thinks the project Idoks very good .and the Mayor says it was:money well. spent. Gem. Lakes next step. is going to be td hold a.workshop to go City. of Gem Lalte 61y.Courmil'Meeting Mimutes Movember 15, 2022 51 #' a �.:r over the results and is asking Councilmember Johnson to invite people from the prflject to the workshop come and talk about it sometime possibly in January:. A report is expected to be completed in Decenibe.r. THC Ordinance Discussion The Mayor feels. that based on the election results the City would be better off creating an Ordinance to coverthe.topic. City Attomey'Patrick Kelly. has.supplied-the. City with.some samples thatthe.City can borrow language from .to createXhe Ordinance.. The City of Willmar wouldbe a good one to tailor. to Gem. Lake. Gem Lake will want to coordinate with White Bear. Lake when creating the .Ordinance. Charitable .Gambling Donations Resoluti6n.#20224026 October 2022 Donation td*White Bear Lake Area Food Shelf The motion for adoption.of the -.foregoing. Resolution vmIntroduced by Councilmember Lindner and seconded by CouncilmemberJohnson, and upon vote. being taken thereon, the Resolution passed with a vote:af 3 in favor and 0 against; A donation in the amount ot$1$00:00. will be sent to the White Sear Lake Area Food Shelf. Resolution #2622-0027 October 2022 Donation to Nevvtrax The motionIbeadoption ofthe foregoing Resolution was introduced by Councilmember Lindner arid. -seconded by Counoilmgtirber Johnson, and. upon vote being taken.thereon,.the .Resolution passed with a Vote.of3 ill favor and 0 against. A don 4tion in the. amount of $500.00:will be sent. to Newtrax, Liquor Licenses Resolution #2622-0028 Gem Lake. Hi11s Golf.Course Liquor Licenses 2023 The motion 1ofadoption. o.fthe foregoing Resolution to approvethe:2023 Liquor License . Renewals for Gem Lake Hills Golf Comp. was -introduced byCouncilmernber jUrioder and seconded by Councilmember.Johnson,:xid upon vote.Mug-taken-thereon, the Rescllutiori passed with it vote of 3. in favor and 0 against. ResolutiowA. 0224029 Country Lounge Liquor Licenses 202$ The motion for adoptionofthe foregoing Resolution to approve .the :2023 Liquor License Renewals for the Country Lounge was introduced by Councilmember Lindner rind seconded by Council member. Johnson, and upon vote being taken thereon, the Resolution passedwith a vote of 3 in favor and 0 against: Resolution #202270029 Country Lounge.'robacco License:2023 The motion.for adoption of the foregoing Resolution was introduced by CouncilmeMber Lindner and seconded by CouncilmemberJohnson, and upon vote being taken.thereon, the Resolution passed with a vote of in favor and 0 against. Community Outreach to Other Cities and Government..Bodies The Mayor, City Clerk and City. Attorney are goingto be.meeting with some residents of the Villa's to: discuss the water rates: so tl►at'the. City can go to Vadnais'Heights with more information,'Che Mayor- was able to. talk with. a member otthe Met Council and discovered. that there. are actually many more Cities confused about the System Statement and the Mayor was able to get some clarification on it. Councilmember Lindner. is working on getting.a member Groin Ramsey County Public Works: to come to 8 nature .meeting. Claims Counci[member Lindner made, a motion to pay the. hills, seconded by Counciimember Johnson. Voigo vote taken, all voted yes, motion passes, and bills will be paid. Monthly Financial Reports The financials for October were submitted.and the Council had no comment. a, City of Gem 1:nke. 0ty.CounQU Meeting Minutes November 15..2022 4.1 P a g j; Quarterly Financial Report (3" City Treasurer Toni Kelly gave an overview of the. Y4.quarter financial report and the Council had. no comment. At this time the revenueis exceeding expenditures which wiil carry over and can be used for the new software package. Presentations rrom the public, 2. minutes maximum Residents in attendance had no. comments.or questions. Open Items for Council Members to Bring Up Counci l had no comments or questions. Future Council Meetings City•Cpuncil, Tuesday; DecemWr20,2022, Workshop, Monday, December 1.21 2022 is CANCELED. Attendance Inquiry At this time all Couneijmembers in attendance plan to be in attendance at the December 20 Council meeting, Ad4durninent Being.there.no further.bu'siness,.follo.wing.a motion from Councilrnember Lindner, seconded by C❑.uncilmember Johnson, the meeting adjourned at..8:51 P.M. .Respecfrllysi(bmitted MelissaLaun•ence CityoFGem•LAWCity Council tvleeting.Nlinutes November 15, 2622 s11}, e City of Gem Lake Canvassing Board. Meeting— November 15,21122 Meeting Minutes• Mayor Gretchen Artig-Swomley called the meeting- to at 7:01• p.m. Councilmeinbers Jim Lindner and•Ben- Johnson were.present. Councilmembers Len Cacioppo and Laurel Amlee were not present. Also: present: City Attorney Patrick Kelly, City Treasurer Tom Kelly, White Bear Lake Fire Chief Greg Peterson, White Bear Lake City Manager Lindy Crawford., BS&A Software Aceount.Executive. Dan Burns, Acting City Clerk Melissa Lawrence, Planning.Commission ChalrJoshua Patrick•and residents Mike Mutzyn, Jim Wilson, Daniel Epilboim. and Brad Naylor. November' 15, 2022 Agenda A motion was introduced by Cbliticilhiember.Linder to accept the agenda,: seconded by. Councilmember Johnson: Voice vote taken, all voted yea; motion°passes, agenda accepted; I•leW •BURiincsS Approval of Abstract of Votes Case in the Precincts of the City of Gem Lake November 8, 2022 Election The Council reviewed .the AbstMck•otf Votes Cast in the Precincts ofthe•City of Getn Lake November 8, 2022 Election. There•were no iltiest6it from :the.Council. Councilmember Lindner introduced a motion to accept the abstrect, secdndc4 by. Councilmember Johnson, Voice vote taken, 411 voted yes, motion passes, abWaci approved. Adiournment Being4here no further business, following.a motion from Councilmember Lindner, seconded by Councilmember Johnson, the meeting adjourned 90:02 p:m. Respecljrllvsublidued.. ;'Melissa l,wilerwe City of Gem Lake Canvassing:Ooard Mceting Minuies Noverobei I 1 41 a �' (: �:. r.. CITY OF GEM-LAI E Heritage Hall 4200 Otter Lake Road J Gem Lake,. MN 5$11.0 -_ — 651-747-2790/921651-.747 2795 {fain_ �- E=mail city }t emlaketnn.or Date: December i Si 2022 To: Maydr*and City Council Members From: Tom Kelly, City Treasurer RE, Proposed 2023 Budget and Property. Tax Levy. The City Council is�asked to appr6ve*(pa99) Resolution 2022-0031, Adopting the Final 202.3 GMeral Fund Budget and Property Tax Levy. The 2023 Budget for expenditures is proposed at $674;829, which. is a 29.10% increase.from.the 2022 Budget. Major or large changes from tho-.1022 Budget.to the 2023 Budget areas follows: I. Based on the 2015 Refunding Bond schedule the debt levy for.,2023 is set for $77,873.00. In addition, in 2018, the City issued bonds for the improvements:on Scheunernan Road and the -.2023 .debt levy for this issue: is $6;545:00. The two of these debt levies -makes up the City's 2023 debt levy af$84,4M This is a decrease. of $2,864. 2. City Council -contingency was increased ftomAX0 to $900. 3. Clerk/General Governmentb4dget includes..aG.A.-COLA.irtcreaseapd 910,35D for health insurance coverage. 4. Budget includes $75,81.5 for. *nm financial and "itsoftware of which $35,270 will be paid ftb'm ARPA (Covid) furids. 5. Police. budget was increased 21.269%to$-115;200-based on budget numbers provided by the City. of White. Bear Lace. 6. The cost of fire services coal -increase 1.5.96%..td $34,025.00, 7. Building Inspections eliminated the part-time inspector, which results in a budget reduction of $20,559. .8: Road Maintenance budget -includes $22,000 for sealcoating tdads acid $15,000 for trimming boulevard trees; 9: Salt/sand and'snow plowing expenditures left at.$15,000 and. $17,000. 10..Included a park maintenance budget of.$7.0.-00 for maintainingpark area of the Villas of Gem Lake. 11. The-2023. budget includes $20,000.00 for future improvements. 12. Revenue and other expenditure line items adjusted based on past history: Based on -the changes listed above the City's.proposed 2023 property tax levy would $669,115, which consists of the.following:. General .Fund levy $568,8.97 Fiscal Disparities 15A0 Total General Fund Levy 584,697 Debt Levy 82,324 Fiscal Disparities 1094 Total City Levy $669,115 Tile total City levy is proposed to increase 19.868%. The other piece. to the tax levy.pu&e is.the .City's tax capacity, which increased 12.287% to $.1;601.,998, In addition. the median Koine value increase 66m $352;000 to $395 *800: Based on these increased tax capacities and the City's proposed.tax levy, the median y4ued home would.Uave:a City property.tax increase.of $242.24 or 10. 384%.. Look for us on the World Wide. Web at gemlakemn.org City of Gem Lake, AQ4 Resolution No. 2022.0031 December 20,.2012 A RESOLUTION ADOPTING THE FINAL GENERAL FUND BUDGET ANO FINAL. AMOUNT TO BE RAISED BY PROPERTY TAXATION FOR THE YEAR-2023 WHEREAS, the City Treasurer has presented a TOTAL (Proposed) Budget of $674,929.00 which includes a Gexreral Tax Levy of $584,697.00-and a Debt Tax Levy of $84;418.00 foi• fiscal and calendar year 2023 based upon best estimates of -costs for running the City of Gem Lake in 2023;and WHEREAS,. the City C66ricil did review, on December 20, 2022, the TOTAL Budget arid Tak Lgvy.far 2023 including all.revisions thereto as of the date first yNrI.den. NOW, THEREFORE BE -IT RESOLVED,.that the City Council. of the City of Gem Lake does formally adopt the 2023. Final General Fund Budget of $674,820.00: and the Final Property Tax Levy as followg: General Property Tax Levy $568;897:00 Debt Levy 82,324..QQ Fiscal DispariYieg 17.894:00. Total Property Tax Levy $669,1 IS.00 and; BE IT FURTHER RESOLVED. that the City Clerk is charged with Certifying said Tax and Debt Levy to Ramsey County Property Taxation and other..government.bodies for whom this information is required. The foregoing Resolution -was offered by Councilmember and was supported by Cbuncilmernber -arid was declared adopted based. upon the following vote: NAME ARTIG-SWOMLEY CACIOPPO LINDNER JOHNSON AMLEE Vote - - Attest I, Melissa`Lawrence, the duly qualified Acting City. Clerk for the City of Oern 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 Counoil-of- the City of 0em Lake on the date first written. 6ecember 20, 2022 Melissa Lawrence, Acting City Qdrk Date +Y•• I I ! t0 10 v N mob f 1 N •E •y .� r F1 ai tV � T I i 111 d ! I N P' j ! I cu C l0 .ffl .Y, er•- W OJ h tD !• M (7J a' ,4 •� J U7 c. h tG r t0 to �+ {O tD I 3 Q. co Q t- to tr2 N N O th CD•�.- W O ' Y % ri .g 'ry C Q h I# �. V N (cpp. 'N' C4 N' .M -7 jjI O J V. N to tf') 'O .M Cl) co Z.' CDi, CDui N N N O r fD M o N fT1 N c0 tn. W IL O W Ir �..... ... 4 ..•� � t i— N C_ ]+ d N' 7 N T t` i+ n W co t•') O .- V' m Ln tm..t [p .� CO lV .A.. ..(7 SQ I. 1 1 t € 3Jj • t 2 r N jI 1 kk d O. O N ((! �.... N (LOD Iti. tV� ['J o W I ' fi Ql O O L N m 1-0V� tei N� ri tp i yT Qi a, ~ W GO 0 [O .C6 r .0) t-: + N ti Q7 v w — ......._.. i - n to o E� d In `� O N 00 oI in `d' M' a TO N � -. d to v tD � � n ! I { tp r7 Ir ap N tD t" 6S N. O aD 7 .. i c ro (D t� n. n m Uri v '- o o v N. C9 K M i i r j N. a��i Icm n M' .0 m 90O .N O T n . (A vE � ^ T O W .- .--. j ...;..... - .. o R? N i.L (O ['y n O v n �(J N N. Ir ID C7 of N N rn r jj F I r to P 80 O h to . n v 1(� (Wp jj co m O ai O N C1 tD tD 6i m tN Ir b P 'h 'm d 'tp If{ • j€• Q) L c' 07 n I- -0 n V V t- .-- O l_l' C O 0 C J m N to mC N' N .^ tD ( 1 N V P Q fR i jij I F CD. r' 'tD pp pppp 8 49 aD. t0 f� u] O` 'm 1J'1 'O 3 lF I m N «J T. tD. n ^ V• t� v t7 COD .r M t,.I m N toPf. N O I ! tt f I a w z C9• z } m.z w W ! a:. w'Q U LL ° °d � IX p LIj ! a u°i: �:m Cw'}: Q w j w �z���� Lo LL O GENERAL FUND BUDGET SUMMARY BY ACTIVITY REVENUES BY CLASSIFICATION 2020 A&UAL 2621 ACTUAL: 12114126V 2022 ADOPTED 11130/22 ACTUAL 1211412021 2023 ADOPTED % CHANGE PROPERTY TAXES $.472092 $145,250 $470,928 $243,03.3 $584.69.7 24.16% LICENSES & PERMITS 29,849 26.654 25,900 32,955 29,440 13.71% INTERGOVERNMENTAL REVENUES 1,107 42,447 14.000 37.14.3 1.4.512 3.66%. CWARGES FOR SERVICES 31252 2,512 3.450 3,391 2,000 =42.03% FINES & FORFEITS 620 267 500 924 600. 20.00% MISCELLANEOUS 18,332. (1,809) 8,500 9,209 8,300 -2.350o TOTAL REVENUES $515.221 278 $326.655 $639,559 22.22% EXPENDITURES BY DEPARTMENT GENERAL GOVERNMENT 4f400 -CITY COUNCIL $8,630 $9,699. $16,000 $7,828 $17,360 $..50% 41900 -GENERAL GOVERNMENT 49,674 77,431 80.683 86.386 192,774 138.93% 41.600. LEGAL SERVICES 25.002, 39,522 50,700 46,001 55,500 9A7% 41410 ELECTIONS 4;506 5,531 i0,800 6,064 10,800 0.00% 41500 FINANCIAL ADMINISTRATION 44,583 44,587 44.500 35.871 45,700 2.70% 419.10 PLANNING & ZONING 36,961 68518 31,550 38804 44,050 39.62% 419.40 HERITAGE. HALL 20.225. 79,1.W 32,550 22,4.95 36.200 11.2. TOTAL GENERAL GOVERNMENT S189,561 $324,445 $266:783 $242,449 $402,3.84 50.83% PUBLIC SAFETY 42100. POLICE. 81,078.85. 777 95.000 83,587 115,200 •21:2896 42200.. FIRE PROTECTION .25.241 25.08 29,343. 26,895 34,025 15.96%. 42300 ANIMAL CONTROL 0 160 600 81 600 0.00% 42401 BUILDING INSPECTIONS 7,759 13,272. 35,079 6.616 1.4.520 -58.61 1 TOTAL PUBLIC SAFETY $114;078 $lt4.737 $160;022. .$117,179 $164,345 2.70% PUBL•1C WORKS 43122 ROAD MAINTENANCE 32,825 43.291 .36,400 7,445 47.600 30.77% 43125 ICE & SNOW REMOVAL 8,055 ti1,311. 34,500. 14630 31500 .44160 pMK'MAINTENANCE 81 66 5,bb0 0 71000 .40.00% TOTAL PUBLIC WORKS $40,961 $54,670 05;900: $20,0y5 •;$88,100 16.07% OPERATING TRANSFERS 4900 OPERATING TRANSFERS 410.000 25,000 2000. .20,000 90,090 o.ob% TOTAL OPERATING TRANSFERS $410;000 $25,000 $20,000 $20,000• $20,000 0.00% TOTAL EXPENDITURES $754,620 $528;852 $522,705 $399.,703 . $67029 29:10% FUND BALANCE - JANUARY 1 $496,843 $267.475 $253,844 $253.844 $180,796 EXCESS REVENUE OVER EXPENDITURES ($229,368) ($13,631) $573 ($73,048) ($35,270) FUND BALANCE - DECEMBER 31 $267.475 $253,844 $254,417 $180,796_ $145,526-42.80% GENERAL FUND REVENUE BUDGET 1211412021 12/1412021 ACCT. 2020. .2021 2022 /1/3012022 2023 % 4 ACCOUNT DES CRirn0N ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CIIANGE PROF ERTY TI3XES 31001 CURRENTTAXES $437,190 $432,9B2 $460,202 $236,616 $508,897 .23.62% 31002 DELINQUENT TAXES 25,239 11 0 226 0 0.00°/� 3t003 FISCAL DISPARITIES 2,864: 12.247 1026 091 15,806 47.3196 .31004 PENALTIES & INTEREST (201) 0 ❑ 0 0 u TOTAL PROPERTY TAXES $472,002 $445;250 $470,928 $243;033 $504,697 24A39A LICENSES &PERMITS .52100 GENERAL BUSINESS LICENSES 32101 ON=SALE LIQUOR LICENSES. 32102 OFF SALE LIQUOR LICENSE 32103 NON -INTOXICATING LIQUOR LICENSES 32104 OTHER PERMITS 32106 TOBACCO LICENSE 32107 CHARITABLE GAMBLING LICENSE 32201 CON TRACTOR LICE NSE 32210 13UILDING PERMITS 32211 PLUNTUING PERMITS 32212 GASIHEATING PERMITS 32213 ELECTRICAL PERMITS 32215 NPDES PERMIT W218 FIRE MARSF ALL INSPECTION FEE 32219 SEPTIC INSPECTION FEE 32235 SEWER CONTRACTOR LICENSE 32239 RENTALLICENSINU 322d0 ANIMAL CONTROL LICENSE TOTAL LICENSES & PERMITS 2,500 1.575 2,000 2,550 2,OD0 0.00% .5.800 4.050 41000 4,650 4,060 0.00% 0 0 0. 0 0 0.06% 0 0 ❑. G 0. 0.00% 1.60 1,960 1,200. 2.355 1,200 0.0G% 200 200 0 200 200 0,009E g00 500 500 0 0 -100.00% 1,801 1,700 1,400 1.800 1.400 0.00% 10,103 7.700 J1,000 12,572 10,000 25.00% 1,845 3.W 1.000 890 1.000 0.00 % 2,990 2.427 1,800 2,246 2,00D 11.11°A 365 596 800. 828 800 0.00% 300 0 100 0 100 0.00% 0 107 .21500 10 2.500 0.00% 300 .4,809 2,000 44610 3,500 75;00% 0 0 50 0 50 0.0096 1,000 I00. 400 500 400 0.00%. 320 470 130 445. 300 100:00% $29,849 $28,554 $25.900 $32.955 529,45D 131.19d INTERGOV£RNMENTALREVENUES 33401 LGA 0 14,631 Q 0 0 0,013% 33430 COUNTY GRANTS.& AIDS 12 12 0. 12 12 0.00% 33801 .SCORE GRANT 1.095 0 1,0DO 0 1.000 0,00% 33663 POLICE STATE AID 0 0 0 0 0 0.00% 33602 CABLE TV FRANCHISE FEE$ 0 0,436. 6,000 9,610. 6,500 8,330% 336D4 OTHER GOVERNMENT AIDS ANO GRANTS 0 19,368. 7,000 271321 7,000 0.00% TOTAL INTERGOV. REVENUES $1,107 $42;447 $14,000 537,143 $14;512: CHAR�SES FOR ERVICES 32220 SURCHARGEISAC RETAINAGE 57 67 50 140 515 0,00% 32230 ACMINISTRATIVE CHARGES 0 0 0 .0 0 0,00% 34145 PLANNING CHARGES U 0 200 1,275 200 0,00% 34110 PLAN CHECK FEES 3,348 1,609 31006 1,023 1,200 -60.00% FALSE ALARMS 0 150 0 ISO 0 0.06% 34121 SPECIAL ASSESSMENT SEARCHES 0 0 0 .0 0 O.UD% 34122 ENGINEERING CHARGES 0 0 0 0 0 0.00% 34123: ZONING CHARGES 75 275 0 100' 6 0.00% W26 .CHARGES FOR LEGAL FEES. 0 0 0 0 0 0.00% 34132 INVESTMENT ADMINISTRATIVE CHARGE. (238) 381 200 381 250 25.001h. 34135 CONTRACTUAL SERVICES G 0 . 0 334 200 0.00% TOTAL CHARGES FOR SERVICFS $3;252 52;512 $3;450 $3,391 $2,000. -4.2,03% FINES & FORFEITS 35100. TRAFFIC & OTHER FINES 620 267 500 924. .500 M00% TOTAL FINES & FORFEITS $820 $267 $500 5924 $600 20.00°% MISCEL ANEQUS REVENUES 36210 INTEREST EARNINGS' 8,478 (11,758): 5.000 2,026 3.000 40,00% 36231. CHARITABLE GAMBLING CONTRIBUTIONS 0 0 G 0 0 ❑:00% 36241 INSURANCE POLICY DIVIDENDS 4796: 809 0 0 0 Q.00% 30200 MISCELLANEOUS 3,494 326 500 4 300 =40,00% 36400 FACILITY RENTAL 304 8,8.12. 3,000 7,179 6.000 66:67% 39M TRANSFERS IN 0 0 0 0 0 0.00% FF: l TOTAL MISCELLANEOUS $18,332 ($1;809} $8;500 $0.209 $8,300 -2,35% TOTAL bmErw. FUND REVENUES . 5525;252 $515.221 $523,278 $326,055 $639,559 22.22% CITY COUNCIL DEPARTMENT 41100. 1211412021 1211412021 ACCT.. 2020 2021 2022 11/30/22 2023 # ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTED. ACTUAL ADOPT .ED. CHAN 100 WAGES & SALARIES $6,600. .$7,340 $7,500 $6.538. $7.725 .3.00% 130. FCCA.CONTRIBUTIONS 880 551 0 413 0 0.0004 135 WORKERS COMPENSATION 0 0 0 84 85 0.00% TOTAL PERSQNNEL SERVICES $7,460 $7,801 $7,500 S6,035 $7,610 4.13% OTHER SERVICES & CHAR E 300 PROFESSIONAL SERVICES .0 0 0 0 0 0.00% 308 .ADMINISTRATION 0 0 250 0 250 0.00%. 31 o CONFERENCE REGISTRATION FEES 0 308 250 285 300 20,00% 333 MEETING EXPENSES 0 0 0. 0 .0. 0.00% 364 OTHER.INSURANCE 0 0 0 0 0. 0.00% "a coUNCIL. CONTINGENCY 1,1.50 1,500 8,000. 1508 9,000: 12.5W* TOTAL OTHER SERVICE4& CHARGES $1.150 $1,806 $8,500 $1,793 $9,550 12,350/. TOTAL.CITY.COUNCIL S$,$30 $8;$9$ $16,000 $7,828 $17;36D CLERKIGENERAL GOVERNMENT DEPARTMENT 41900 12/1412021 12114/2011 ACCT, 2020 2021 2022 1 V30122 2023 % # ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CHANGE PERSONNEL SERVICES 100 WAGES & SALARIES $2Q,421 $37,335 $28,600 $46.760 $56100D 95.80% TEMPORARY EMPLOYEES 0 0, 0 0 0 0.00% 130 FICA CONTRIBUTIONS 4,075 2,867 2,188 11181, 4,284 95.80,110 131 PERA CONTRIBUTIONS 0 2.123 2,145 3,456 4,200 95,80.°/a 135 HEALTH INSURANCE 0 0 18.000 2,423 10,350 -42.5.0% 150. WORKER'S COMPENSATION 293 322 500 454. 500 0,00%0. TOTAL PERSONNEL SERVICES .$28;789 $42,647 $51,433 $54,274 $75,334 46.47% SUPPLIES 200 OFFICE SUPPLIES 499. 3,455 2,000 4,652 4,60Q 100.009/0 212 POSTAGE 717 1,168 1,450 0 .1A50 0,0W/9 .250 SALES TAX 0 0. 0 0 0 0.00% TOTAL SUPPLIES $1,216 $4,623 $3,450 $4,662 $5,450 57:976A OTHER SERVICES &_CHARGES .300 PROFESSIONAL SERVICES 0 2,782 1,000 2.782 3,560 250.00% 306 ADMINISTRATION 90 363 4..00 0 400 0.00°% 308 PROFESSIONAL SERVICES 0 D 0 0 0 0.00°% 30R MISCELLANEOUS 510 Z858 200 3,006 2,000 900.0m. 3,10 CONFERENCE REGISTRATION FEES 0 693 1,500 235 1,600 0.00% 320. INTERNET CONNECTION 0 0 0 0 0 .0,00% 322 WEB SITE 1,163 2,076 11200 1,195 1,500 ,25..00% 331 MILEAGE 0 127 150. 236 350 133.33% 332 RECORDING SECRETARY 1,612 5,970 0 5.871 6,000 0.00% 3U .COMPUTER.SERVICES 4,359 190 5,000 0 41000 -2.0:00%0 350 PRINTING - OTHER 0 0 0 0 0 0.00% 351 LEGAL NOTICES 520 1,231 800 687 600 0.00.0/o 352 NEWSLETTER/PUBLIC RELATIONS 1.10.6 1.571 2,200 1,776 2,400 9.09'/a 361 GENERAL LIABILITY INSURANCE 1,280 1,407 2.500 1,726 2;500 0.00% 363 VEHICLE INSURANCE 75. 78 100. 99 1.60 5D,00% .365 PUBLIC OFFICIALS LIABILITY INSURANCE 0 0 .150 124 150 0.00% 384 RECYCLING COLLECTION .8,104 VO4 .9,200. 6,946 5,500 3.26% 434 VLAWMO 0 0 .0 0 0 0.00%u 435 LMC 666 704 11000 1,303 1.,000 0.00%. 436 RCLLG 184 200 350. 250 350 nou/. 440 DUES A SUBSCRIPTIONS 0 16.1 50 3..00 75 50.00% 450 CHARITABLE GAMBLING DISTRIBUTIONS 0. 0 0 0 0 0.00% TOTAL OTHER SERVICES & CHARGES $19.669 $28,515 $.25;800 $26AM $36J15. 40.21% CAPITAL OUTLAY 5.70 FURNITURE & OFFICE EQUIPMENT 0 1,646 0. 0 0 0.00°% 580 OTHER EQUIPMENT/IMPROVEMENTS 0. 0 0 0 75;81.5 0.00% TOTAL CAPITAL OUTLAY $0 $1,646 $0 $0 $.75;815 0.00°% TOTAL CLERK/GENERAL GOVERNMENT %$49.674 $77,431 $80,683 $85,385 $192;774 138,93% FINANCIAL. ADMINISTRATION DEPARTMENT 41500 1211412021 12l14=1 1 ACCT, 20..20. 2021 2022 11l30122 20$3 �6 # ACCOUNT DESCRWTION ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CHANGE PERSONNEL SERVICES UPPLIES 200 OFFICE SUPPLIES $0 $0 $0 $0 $0 0;00% 250 SALES TAX 0 0 0 0 0 0.00% TOTAL SUPPLIES 50 50 $0 $0 $0 o,00°,. OTHER SERVICES & CHARGES 308 ADMINISTRATION 0 0 0 0 0 .6.0.0% 301 AUDITING SERVICES 12,865 12,867 11,500 8,000 11,500 0.00% 329 FINANCIAL SERVICES 30;008 29,884 31,000 24,937 31.000. 0.00% 330 CREOIT CARD FEES .0 0 0 1.,077 1.200 0.00% 334 COMPUTER SERVICES 1.710 1,799 .2;000. 1,857 2,OQ0 0.QQ% 309 MISCELLANEOUS EXPENSE 0 37 0 0 U 0.OQYP TOTAL OTHER SERVICES & CHARGES $44,583 $44,587 $44,500 $35,87.1 $A5;700. '217096 TOTAL FINANCIAL ADMINISTRATION $44 583 $44,587 $44,500 $35,871 545;700 2 �0% LEGAL SERVICES DEPARTMENT 41600. 12114(2tl21 1211412021 ACCT. 2020 2021 3022 11130/22 2023 OA. # ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTEt) ACTUAL ADOPTER CHANGE 300 PROFESSIONAL SERVICES $0 $0 $o $0 a0 0.00% 303 .PROSECUTION 135 270 21200 901 2,000 -9.09% 304 LEGAL SERVICES 24,769 39,252 .45,000 45,1.00 50,000 11,11% 305 LEGAL SERVICES . LANO;ISSUES. 98 0 3,500 0 3,500 0.000/0 309 MISCELLANEOUS D 0 .0 0 0 0.00%. 317 LEGAL 7 ANNEXATION 0 0 0 .0 0 0.00% TOTAL OTHER SERVICES & CHARGES $25,002 $39,522 $50.700 $46;001 $55;5o0 9.470% TOTAL LEGAL SERVICES $25,002 $39.522 $50,700 $46,001 $55.500 9.47% ELECTIONS DEPARTIVIENT 41410 1211412021 1211412021 ACCT. 2020 2021• 2022. 11l30122 2023 % # ACCOUNT DESCRIPTION ACTUAL .ACTUAL ADOPTED. ACTUAL ADOPTED CHANGE PERSONNEL SERVICES 100 WAGES•& SALARIES $0 $0 40. $0. $0 0.0.0% %IQ5 TEMPORARY EMPLOYEES 0 0 0 0 0. 0,00%d 130 FIOADONTRIBUTIONS 0 0 •0 0 0 0.00%. 160 WORKER'S COMP. 0 0 0 0 0 0.000/0 TOTAL PJERSONNEL SERVIQES': $0 $0 $0. SO $6 6.0096 S LIPPLIES 210 OPERATING SUPPLIES - OTHER 0 0 100 0. 156 0.66% 212 POSTAGE 0 0 0 0 6 0.06% 250 SALES TAX 0 0 0 0. 0 0.00% TOTAL SUPPLIES $0 $0 $150 .OTHER SERVICES.& CHARGES 308 ADMINISTRATION 0 0 0 0 0 0.00% 307 PROFESSIONAL SERVICES 1,$71 4,664 8,600 4;664 $,500 6.26% 369 MISCELLANEOUS 0 0 Q. 0, 6 0.60% 331 MILEAGE 0 0 0. 0 0 0.00% 350 OTHER PRINTING 0 0 0 0 0 0.000/0 351 LEGAL NOTICES lit (99) 150 0 ISO 0.00% Ballot Machine 0. 0 0 0 0 0.00% 400 REPAIR/MAINTENANCE EQUIOMENT 2,417 926 2:500 . 1,400. 2,000 -20.00% TOTAL OTHER SERVICES & CHARGES $4,505 $0,531 $10,650 t.6,064 $10,650 0.00% TOTAL ELECTIONS .$41500 $5,53i $10,800 $6,064 $10,800 0.00% PLANNING '&: ZONING DEPARTMENT 41.910 1211412021 1211412021 ACCT, 2020 2021 2022 1/.11.30/22 2023 % # ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTED ACTUAL. ADOPTED CHANGE OTHER SERVICES & CHARGES .300 PROFESSIONAL SERVICES SO $0 $0. $5,000 30 0.00% 308 ADMINISTRATION 0 0 3,500 '0: 3.000 -14.29% 302 ENGINEERING SERVICES 30,986 29,706 20,000 26,475. 30;D00 50,00% 309 MISCELLANEOUS 669. 0 56 0 50 0.00%. 31Z ZONING ADMINISTRATION 995 5;1.98 2,000 7,329 5,000 150.00% 325 NPDES TRAINING 0 0 0 0 0 0.00°% 326 NPDES EDUCATION .0 0 0 0 0 0.00°/0 327 MS4 REPORTING 2,355 33,614 6,060. 0 6,060 0:00°/0 332 RECORDING SECRETARY 0 0 0 0 0 0.00% 348 COMP.. PLAN UPDATE 1,956. 0 0 0 0 433 DUES & SUBSCRIPTIONS 0.. 0 0 0 0 0.00% TOTAL OTHER SERVICES & .CHARGES $36,961 $K618 $3.1;550 $38,604 $44;050 39.62% CAPITAL.OUTLAY 570 FURNITURE & OFFICE EQUIPMENT 0 0 0 0 0 0,00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0. $0 0,00°A TOTAL PLANNING &.ZONING $36;961 568,518 $31,55.0 $30,804. $44,650. 38.626% �1. PouQE bEPARTMEN7 42100 .ACCT. 305 REGULAR LAW ENFORCEMENT. 306• SPECIAL LAW ENFORCEMENT 301 DISPATCH COSTS 308 .ADMINISTRATION 309 MISCELLANEOUS TOTAL .OTHER SERVICES & CHI TOTAL POLICE FIRE DEPARTMENT 42200 •2020 CTUAL• 2021 A&W4 12/1412021 2022 ADOPTED 11130122 ACTUAL 12/14/2021 2023 ADOPTED CHANGE-' $801531 $85;777 $91,2a0 $9A,987 $1`1{i,200 24,12% .547 0 3,500 0 2,OOb -42.8A 0 0 300 0 0 -100.66%. 0 0 0 0 0 0:066. $81,078 $85,777 895,000 $83,587 $115,200 21.26% $81.078 $85,777 $95;000 $83,687 $.115,200 21.26* 12114/2021 12/14/2021 ACCT. 2020 2021 2022: 14130122 2023 % # ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CHANGE OTHER SERVICES & CHARGES 308 ADMINISTRATION $0 $0 $0 $0 $0 0:00% 309 MISCELLANEOUS 0 0 0 0 0 0.000/0. 311 FIRE'$EkV16E 13.935 19,060 $22,593 20,710 $27,000 312 FIRE MARSHALL SERVICES 6,306 6,448 $6,750 6,185 $7,025 4.07% TOTAL OTHER SERVICES & CHARGES $25,241 $25,508 $29,343 $26.89.5 $34,025 15.960/0 TOTAL FIRE $25.241 $25,508 $29,343 $26,895 $34.025 15.96% ANIMAL CONTROL DEPARTMENT 42300 12J1412021 12/1412021 .ACCT. 2020 2021 2022 11/30122 2023 % # ACCQUNT DESCRIPTION ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CHANGE OTHER SERVICES &CHARGES 300 PROFESSIONAL SERVICES $0 S.0 $0 $0. 50 0.00% 309 MISCELLANEOUS: 0 O 0 0 0 0.00o/. 323 ANIMALREMOVAL 0 0 40.0 0 400 0,00% 324 ANIMAL ENFORCEMENT 0 .180 200 81 200 0,00% TOTAL OTHER SERVICES & CHARGES $6 $186 $600 $81 $600 0.00% TOTAL ANIMAL CONTROL $0 $180 $600 $Bl $600 0.00% BUILDING INSPECTIONS DEPARTMENT 42401 rut 412021 12H412021 ACCT. 2020 2021 2ii2$ 1.t130122 2023 'A. # ACCOUNT. DESCRIPTION ACTUAL, ACTUAL- ADOPTED ACTUAL. ADOPTED CHANGE PERSONNELS E RVICES 100 WAGES & SALARIES $0 $Q .$12,500 $0 $0 -100.000/0 TEMPORARY EMPLOYEES 0. 0' 0. 0 0 0.009A 130 'FICA CONTRIBUTIONS 0 0 .956 0 0 -100.60% 18t PERA CONTRIBUTIONS 0 0. 938 0 0 -160.00% 135 HEALTH INSURANCE 0. 0 0 0. 0 0.00% 150 WORKER'S COMPENSATIONI 0 0. 185 0 0 -100,00% TOTAL PERSONNEL SERVICES $0 $0 $14,570 SO SO -100.o0% THE ERVICES & CHARGES 313 BUILDING INSPECTIONS 71245. 9,164 14.000 2,612 10,00D -28.67% 300 MISCELLANEOUS 0 0 0 0 0 0.004A 316 BUILDING -SECRETARY SERVICES 444 1,588 2,50.0 1,484 2,000 -20.00% 334 COMPUTER SERVICES 70 2,520 0 2,520 2,A20 .0.00% 328 CODE ENFORCEMENT 0: 0 0 0. 0 0:00% TOTAL OTHER SERVICES & CHARGES $7,759 $13,272 $16,500 $6:616: $14.520 -12.00% CAPITAL OUTLAY. 570 FURNITURE & EQUIPMENT 0 0: 4,000 .0. 0 -100.00% TOTAL CAPITAL OUTLAY $0 $0. 54,000 $0 $0 -100.00% TOTAL BUILDING INSPECTIONS. $7,750 $13.272 $35,079 $0.616 $14,520 -58.61 % "Ct:: ROAD MAINTENANCE DEPARTMENT 431.22 1211412021 12114IM21 ACCT. 2020 2021 2022 11/30/22 2023 % .if ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CHANGE SUPPLIES 211 CHEMICALS $0 $0 $0 $0 $0 :210 .OPERATING SUPPLIES - OTHER 0 0 0 0 0 224. GRAVELISTREET MATERIAL 0 0 0 0 0 G.O� .225. SALTISAND 0 .0 0 0 D 226 SIGNS, -SIGN REPAIR MATERIALS 0 62 500 0 aG J.JGb 250 SALES TAX 0 0 0 0 0 Gv TOTAL SUPPLIES $0 $62 $500 $0 $500. OTHER SERVICES &:CHARGES 300. PROFES.SIONAL.SERVICES 0 0 0 0 0 oboo/o 302 ENGINEERING FEES. 43,87.7 12.514 4,000 3;423 8;oO0. 100.0007u 308 ADMINISTRATION 0 0 0 .0 0 0.00°Io 309 MISCELLANEOUS 0 0 0 Q. 0 0,00% 327 NPDES - STORMWATER 0 0 0 fl 0 0,00% 351 LEGAL NOTICES 0 0 0 0 0 0.00% 382 ELECTRICITY -STREE`T•LIGHTS 749 707 1,000 857 1,200 20.00% 385 ROW MAINTENANCE 0 0 800 0 800 0,00% 405 ROAD AMAINTENANCEIREPA1 tt 3,919 26,007 15,000 3,165 22,000 46.67%. .406 BLVD. TREE TRIMMING. 14,280 2,OD1 15,000 0 15,000 0.00°Io 433 DUES AND SUBSCRIPTIONS 0 0 100 0 100 0.00% TOTAL:OTHER SERVICES & CHARGES $32,825 $43,229 $35,900 S7,445. $47,100 31.20% CAPITAL OUTLAY 540 HEAVY MACHINERY/EQUIPMENT 0 0 0 0 0 0.00% TOTAL CAPITAL OUTLAY $0 $0 $0 $0. $0 0.00°/o TOTAL ROAD MAINTENANCE $32,825 $43.291 $36.400 $7,445 $47.600 30.77% ICE &.SNOW REMOVAL. DEPARTMENT 43125 AC& 12114/2021 '1211412021 2026 2021' 2022 11/30/22 2023 °Io. 4 ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CHANGE SUPPLIES 225 SALT SAND. $1,904 $4,925 $15.000 $5,ims $15.000 0.00% 210 OPERATING SUPPLIES'-OTHE13: 0• 0 0 .6 0 0,00% 250 SALES TAX _ 0' 0 0. 0 0 0;00% TOTAL SUPPLIES $1.99.4. $4,925 $16,0Q0 $5.W. 515,000 0,00 OTHER SERVICES A CHARGES' 309 MISCELLANEOUS 0 0 0 0 0 C 00% 400 REPAIRIMAINTENANCE-OTHER 0 0 2,500 0 1,500 -40.K% 404 REPAIRIMAIN.TENANCE ; CONTRACTUAL. 6,061 6,388 17,000 T,032 17.000 TOTAL OTHER SERVICES & CHARGES $6,061 $6;386 .519,500 .$7.032 S1liw0 CAPITAL OUTLAY 540 HEAVY MACHINERYIEQUIPMENT 0 Q' 0 0 TOTAL CAPITAL OUTLAY S0 $0. S0 10 $0 TOTAL ICE & SNOW REMOVAL $8,05$ .5.11;311 $34,500 $12,830• $33,500 HERITAGE HALL { DEPARTMENT 41940 1211412021 121/4/2021 ACCT: 2020 2021 2022 11/30/22 2023 % 9 ACCOUNT DESCRIPTION ACTUAL ACTUAL ADOPTED ACTUAL ADOPTED CHANGE SUPPLIES 205 CLEANING SUPPLIES $0 $0. $0 $0 $0 0.00% 210 OPERATING SUPPLIES - OTHER In 50 300 69 200 =33.33% 230 BUILDING MATERIALS 0 0 0 0 0 0.00% 250 SALES TAX 0 0 6 0 0 •0i00% TOTAL SUPPLIES $138 55.0 S300 $69 $200 -33.33% OTHER SERVICES & CHARGES NO PROFESSIONAL SERVICES. 273 1,006. 3,000 0 100 -50.00°k 306 CONTRACT SERVICES 5,455 18,24 8;000 11,529 12,000 50:00% 321 TELEPHONE 0 0 1,$00 0 11500 A6.67% 362. PROPERTY INSURANCE. $44 876 1,500• 1,764 2,000 33.330A 381 ELECTRICITY 4.308 4,545 4,756 4,361 5,000 516% 383 GAS 1,092 1,097 1,500 1,562 2,000 33.33% 385 WATERISEWER UTILITIES 9215 1,154 '1.1260. 666 1,600 25.00% 400 REPAIRfMAINTENANCE - OTHER 345 .355 2;500 .376 2,500 0.00% 401 REPAIRIMAINTENANCE - BUILDINGS 0,844 46,353: •B4OQO 2.104 8,000 .0.00% TOTAL OTHER SERVICES & CHARGES S20,067 $73;627. $32,250 $22;4R6 $36,000 1.1.63% CAPITAL.OUTLAY 2.0 BUILDING IMPROVEMENTS 0 6,480 0• 0 0 0.00% ! 580 OTHER EQUIPMENT/IMPROVEMENTS 0 0 0 0 0 0.00% 4 TOTAL CAPITAL OUTLAY $0 $0;48Q $Q $Q $0 0.00% TOTAL HERITAGE HALL "s5,7_C ; 11.21 °=a PARK MAINTENANCE DEPARTMENT."10 12114/2021 12114/2021 ACCT. 2020 2021 2022 11/30/2.2 2021 % 11 ACCOUNT DESCRIPTION ACTUAL. ACTUAL. ADOPTED ACTUAL ADOPTED CHANGE SUPPLIES 211 CHEMICALS $0. S0 $0. $0 $0 0.00% 210 OPERATING SUPPLIES -OTHER ff 68 0 0 0 0.00%0 LANDSCAPING MATERIALS 0` 0 0 0 1,000 0.00% 226 SIGNS, SIGN REPAIRMATERIALS 0 0 0 0 0 0.00% 250 SALES TAX 0 0 0 0 0 0.00% TOTAL SUPPLIES :30 $68 $0 $0 $1.000 0,00% OTHER SERVICES.& CHARGES 300 PROFESSIONAL SERVICES 0. 0 0 a 0 0.00% 404 PARK MAINTENANCE -CONTRACTUAL 81 0. 5;000 0 50Q00 0,00% 400 REPAIRIMAINTENANCE-OTHER 0. 0 0 0. 1,000 .0;00% 369 MISCELLANEOUS 0 0 0 0 0 0.00% TOTAL.Oi}IER.SERVICES & CHARGES $81 $0 $5.000 40 $6.,000 2.0.00% CAPI7 AL-QUILAY 540 HEAVY MACHINERY/EQUIPMENT 0 0 0 0 0 0.00% 580 OTHER EQUIPMENT/IMPROVEMENTS 0 0 0 0 0 0.00% TOTAL CAPITAL OUTLAY so.. $0 $0 $0 $0 0.000,0 TOTAL. PARK MAINTENANCE $81 $68 $5,000 $0 $7,000 40,00% OPERATING TRANSFERS DEPARTMENT 4900 AOOT, # ACCOUNT DESCRIPTION 2020 ACTUAL 2021 ACTUAL 12/14/2021 2022 ADOPTED 11/30/22 ACTUAL 1211412021 2023 ADOPTED % CHANGE 720 TRANSFERS OUT 2007 Capital Improvement Bonds SO $0. $0 $0 $0 .0100% Improvement Fund.- 401 Road Improvements 0 0 0 0 0 0:00% EAS TreatmentlPrevention 0 0 0 0 0 0,00% Building Improvements/Replacement 0 0 0 0 0 0.00% Futur0rnprovements 410,000 25,000 2.0,000 20,000 20,000 0.00V/0 Sidewalk/Path along County Road e 0 0 0 0 .0 0.00%0 Annexation Reserve Account 0 0 0. 0 0 0.00% City Hall Construction Fund • 402 0 0 0. 0 Sewer Fund- 601 0 0 0 0 0. 0.00% TOTAL OPERATING TRANSFERS 410,000 25,000 20.000 20;000 20,000 0.00% Consideration of Adopting Resolution Annrovina 2022 Transfers. (TX-) A. REFERENCE AND BACKGROUND: The City G;ouricil has discretion to use: unrestricted City funds in the best hiterek of - the City, From time to Amex the Citytransfers money from one fiend to another for various reason& In order to complete these transfers, the City must pass a-resolutidn authorizing these transfers. prior fo the end of the fiscal year. Attached is a.list of the proposed 2022 transfers and below is: a description of the transfers. 11 Transfer .f in-the'Genar-aV.Pund of $20,000.00. to the Improvement Fund to help Rind future improvement projects. This transfer was part of the 2022 budget.' B. -ALTERNATIVE ACTIONS: I. Adopt the resolution as attached to approve the 2022 Operating Transfers for the City. 2. Adopt a resolution for the 2022 Operating Transfersfor the City with -amendments as-d*vssed. 3. Do .aot Adopt the resolution as attached to approve. the 2022. Operating Transfers for the City. C. STAFF RE COMMENDATI:ON: 1. Stafffrecom mends alternative #I for the:adoptiop of the. resolution as attached to approve the 2022 Operating Transfers for the.City.' D. SUPPORTING DATA: Resolution 2022 0032 adopting the 20.22 Operating Transfers for the City. City of Gem Lake., MN Resolution No. 2022-0032 December 20, 2022 A RESOLUTION APPROVING` THE*TRANSFER OF CERTAIN FUNDS WHEREAS, the City's'2022 budget.included-art operating*tsansferto. finance future..impnDvement . jetts; NOW, THEREFORE BE IT RESOLVED,: thatthe-City Council of the City of Gem Lake does formally approve the following transfer offunds: 2022 Operati ng.Transfe:rs TRANSFER TRANSFER FUND# FVNDNAME- IN FUND## FUNDNAME OUT 401lmprovefi entFund 20,00Q00 100 Geodral Fund 20,000,W Total 20,000.00 Total. 2o,00a:oo. The foregoing.Resolution was offered by Councilmember and was supported by CoundImember and was -declared adoptedbased lipon'the. following vote: NAME ARTIG-SWOMLEY -CCACIOPPO LINDNER JOHNSON AMLEE Vote Attest I, Melissa Lawrence, the duly qualified Acting.City Clerk for the City of Gem Lake, County of Ramsey, State of Minnesota, do. hereby cettjfy.that the foregoing Resolutionfs a true and accurate representation of action taken by the City Copncirorthe City of -'Gem -Lake on the date first written. Decemkr 20, 2022 Melissa Lawrence, Acting.City Clerk Date All Permitting Utilities/Perm itt in¢ I*tilities/Permitting/GI. Cloud :Nodules F financial Nanagement $1,125.00 S1,125.00 General Ledger Accounts Payable S945 00 S1350.00 $1,35000 S1,35000 Utility Billing Personal Management $1,545.00 Pa all Community Development $1,475.00 $1,475.00 $1,475.00 $I, 475.00 Building Department BS&A Online Community Development $885.00 5885.00 $885.00 5885.00 Permit Application Peature - F-nables contmctr and the general public to suhmit permit applications online. A fee o S3 application is accumulated and billed to the mrmici li Subtotal $7,325.00 $2,360.00 S3,710.00 $4,835.00 Data Cooversiotro/Database Seta Convert existing Sage data to BS&A format. General Ledger (Chart of Accounts/Balances/Budget as of a Specified Date 52.100.00 $2,100.00 Each additional year of history' balances to be setup will be an additional $1000) Accounts Payable (Vendor Master File) S1,600.00 Payroll (Manual Entry or Import of Employee Master File/Setup/YTD as of a $2,580.00 Specified Date. Convert exisiting UB Max data to BS&A format Utility Billing (Accounts, Services, Deposits, Rates, Meters: Up to 10 Years of $4,000.00 $4,000 00 S4 000 00 Service, Billi ig & Payment History) Convert existing Permit Works data to BS&A format: M 000.00 S5,000.00 S5,000.00 S5,n00 00 Building Department Per Database Subtotal S15,280.00 S51000.00 S9,000.00 S11.100.00 Custom Import Custom import from thud -party software to populate Building Department database with parcels, properties. and $1,500 00 S1,50000 S1.50000 S LSOU oi% curtent owners Subtotal 51,500.00 $1,500.00 $1,500.00 S1,5DO.00 Project Management and Implementation Planning services include: • Analyzing customer processes to ensure all critical components are addressed. • Creating and managing the project schedule in accordance with the customer's existing processes and needs. • Planning and scheduling training around any planned process changes included in the project plan. • Modifying the project schedule as needed to accommodate any changesto the scope and requirements of the project that are discovered. • o-nviding a central contact between the customers project leaders, developers, trainers. IT staff, conversion staff, ter resources required throughout the transition period. 1 illing the software and providing IT consultation for network, server, and workstation configuration and requirements. • Reviewing and addressing the specifications for needed customizations to meet customer needs (when applicable). S13,750.00 $6,750.00 S13,Owoo S13,000.00 • $1,000;day ' Days quoted are estimates, you are billed for actual days used Services include: • Setting up users and user security rights for each application • Performing final process and procedure review • Configuring custom settings in each application to fit the creeds of the customer • Setting up application integration and workflow methods • Onsite verification of convened data for balancing and auditing purposes • Trainin and Go -Live $2,000.00 Software Setup Days: 2 Days: 4 $4,000.00 54,000.00 $4,000.00 Software Setup Financial Management Modules Days: 7 S7,000.00 S7,000.00 $7,000.00 Personnel Management Modules Days: 3 S3,000.00 $9,000 00 S9 000.00 S9 000.00 S9,000.00 Community Development Modules Days: 9 Subtotal $23,000.00 S111000.00 $2%000.00 $2%000.00 Cost Totals Not including Annual Service Fees S7,325.00 S2,360.00 $3,710.00 $4,835.00 Modules Data Conversions(DatebaseSetup $15,280.00 $5,000.00 $9.00000 S11,100.00 Custom Import S1,500.00 S1,500.00 $1,50000 S1,500.00 Project Management and Implementation Planning S13,7%00 S6,750.00 $13,000.00 S13,000.00 Implementation and Training S23,000.00 $11.000.00 S20,000.00 S20,000.00 Total Proposed S60,855.00 S26,610.00 S47,210.00 $50,435.00 Travel Espenses S19,410.00 S10,005.00 S17,530.00 $17,530.00 Hosring Fees 590000 S300 00 S500.00 S600.00 Grand Total S81,165.00 S36,915.00 $65,240.00 S68,565.00 Payment Schedule I st Payment to be invoiced upon execution of this agreement. $29,030.00 $11,750.00 522,000.00 S24,100.00 2nd Payment: to be invoiced at activation of customer's site. $8.225.00 S2,660.00 $4.210.00 $5,435.00 3rd Payment to be invoiced upon completion training S43,910.00 $22,505.00 S39,030.00 S39,030.00 Annual Service You Unlimited support it included in your Annual Service Fee. Service Fees arc billed annually. After two (2) years, BS&A SoJniwre reserves the right to increase the Annual Service Fee by no more than the yearly Consumers Price b dexforAll Urban Consumers U.S city average (CPI-U). Financial Management General Ledger $1,12500 $1.125 00 Accounts Payable S945.00 Utility Billing $1.350.00 S1,35000 S1,35000 Personnel Management Payroll $1,545.00 Community Development Building Department SI,475.00 51,47500 51,475.00 51,47500 vrssL'os SL'Pfl'lS SZ'SL£S visa auiP3os xvjSgq 00'OZs'ZS sl".% s!urJad 66'958' l S 39 VS SaaA aN.uaS prnuuV 00'009S 00*00s4 00'00£S 00'006S anogo popupal salnpour //a Joj •njln+ruon pollfy ay or aJn aXoJoss puo Xu?ss»y joys os Xuuolai —AXvp-8 00'S£8'4S 00'01L'£S 00'09£'ZS 00'SZ£'LS caa3 ar.ueS Jsnnuy lvio.l. 00 S88S 00 S88S 00-588S 00 S88S IWWC1012AOa Mtun=oD STORMWATER DISCHARGE AND PIPELINE LICENSE THIS STORMWATER DISCHARGE AND PIPELINE LICENSE. ("License") is made to be. effective the. day of , 20_ (the "Effective Date") by.and between..BNSP RAILWAY COMPANY, a Delaware corporation ("Licensor".) and CITY OF GEM LAKE, a Minnesota municipal. corporation ("Licensee"): RECITALS A. Licensor is in the railroad transportation business and owns or. controls a system of rail #racks and various real properties associated therewith (collectively, "Licensor's.Rig ht,of=Way" ), including certain Premises as described below that Licenseedesires to license from Licensor, B. Pursuant to one or more agreements with Licensor, Minnesota Commercial Railway Company, a Minnesota. corporation ("Operator") is the primary operating railroad over the portion of Licensees Right -of -Way in which the Premises are located. C, Licensee desires to obtain. a non-exclusive license far the dischargeldrainage of storm water from. Licensee's adjacent property through.a pipeline onto the Premises. D, .Licensor desires to grant such nonexclusive license to Licensee, subject to the terms and conditions..of this License. AGREEMENTS Inconsideration of .the mutual covenants contained herein, the parties agree to the following; GENERAL Grant of License: Licensor hereby grants Licensee a non-exclusive license, subject to all. rights, interests; and estates of. third. parties, including,. without limitation, anyleases, use rights, easements, liens, or other encumb.rances,. and upon the terms and conditions set forth below; to construct and maintain for the. benefit of Liicensee's.premises, in strict accordance with.the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one. (1) pipeline, 36 inches.. in diameter made of reinforced concrete carrier and related appurtenances (collectively, the "Pipeline'), across or along Licensees rail corridor at or near the City of Gem Lake, County of Ramsey,. State of Minnesota, Line Segment 0214, Mile Post 7:85 as shown on the attached Drawing No: 82973, .dated 10/13/2021, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises"). This License is granted with respect to and shall onlybe used for the benefit of Licensee's premises. or .that' portion thereof as is identified in the portion of the Drawings. and Specifications attached hereto as Exhibit "B" and incorporated herein,by this reference (the "Project Area"). 2. Term. This License shall commence on the Effective Date and shall continue fora period of twenty- five (25) years, subject to prior termination as hereinafter described. 3. Existing Improvements. Licensee. shall not disturb any improvements of Licensor or Licensors existing lessees, licensees, easement beneficiaries or lien holders, if any, .or interfere with..the use, repair, maintenance or replacement of such improvements. 4: Use of the Premises. Licensee shall use the Premises solely for (i) removal of certain. existing pipelines and restoration of the Premises affected thereby, (ii) construction, maintenance, and use of the Pipeline in accordance with the.Drawings and Specifications, and (iii) drainage and discharge of stormwater from the Project Area through the Pipeline .onto.the Premises: The Pipeline shall Form424; R&.20190916 only carry stormwater discharged: from the Project Area, and Licensee shall not use.the Pipeline to .carry any.other material or.use the Premises for any other purpose. Alterations. Except as set forth in this License, Licensee may not make any alterations to the .Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the. Premises. without Licensor's prior Written consent: 6, License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time: payment (in lieu. of recurring periodic fixed license fees) in the amount the sum. of .one thousand two hundred fifty and .Nol100 Dollars ($1,250..00) as compensation for the .use of the Premises. Costs and Expenses. 7.1 For the purpose of this License, "cost" or "costs'' and. "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current vatue where used. 7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee'suseof the Premises or the presence, constructfon and maintenance of the Pipeline,_ including but not limited to the furnishing of Licensor's, flaggers and. any vehicle rental costs incurred, inspection :coordination, safety., mobilization and/or other observation services described. in this License (collectively, the "Services"),. Licensee shall. bear the. cost of the Services, when deemed necessary by Licen.sor's.representative. Flagging costs shall include, but. not be limited to, the following: pay for at least an eight (8) hour basic day with time: and one-half or double time for overtime,: rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway.and unemployment insurance; public iiability and property da mage. insurance; health and welfare benefits;. transportation; meals; lodging and supervision:. Negotiations. for railway labor or collective bargaining agreements and rate changes authorized by appropriate. Federal authorities may increase flagging. rates. Flagging: rates in effect at the time of performance by the: flaggers will be..used: to calculate the flagging costs pursuant to this Section T. 7.3 Licensor, at its sole discretion, may elect to designate. one or more third parties (each, a "Scheduling Agent"), to perform and/or arrange'for the performance of all .or a portion of the: Services. At the Effective Date, License designates Operator as. its Scheduling.Agent for all flagging Services. Ali .costs for flagging .Services .will bebilled to. Licensee by Operator. Payment Terms. All invoices are due thirty. (30). days after -the date of invoice.. If Licensee fails to pay any monies due to Licensor or Operator, .as applicable, within thirty .(30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an:annual rate.equal to the lesser of (i) the prime rate last.published in The Wall Street Journal in the preceding ,December plus two and one-half percent (2-112%), or (ii) the maximum rate permitted bylaw. LICENSOR'S RESERVED RIGHTS 9. Reserved.Rights of Use. Licensor excepts and reserves. the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: 9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipellineslcables and appurtenances (other than the Pipeline) and other facilities or structures. of like character upon, over, under or across the Premises existing as of the Effective Date; Form 424; Rev. 20190916 9.2 to construct, maintain, renew, use, operate, change; modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over; under or across the Premises; or 9.3 to use the. Premises in any manner as Licensor in its. sole discretion deems appropriate, 10. Right to Require Relocation. If`at any time during. the term of this license, Licensor desires the use ofIts. rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with. by the Pipeline or its drainage onto the Premises, Licensee shall, at its sole expense, within forty-five (45) days after receiving written notice from Licensor to such effect, make such changes in the Pipeline as in- the sole discretion.of Licensor may necessary to avoid interference with the proposed.. use of Licensors: rail corridor, including, without limitation, the relocation. of the Pipeline, or the. construction of a new pipeline to replace the Pipeline; Notwithstanding. the foregoing, Licensee agrees to make all emergency changes and minor .adjustments, as. determined by Licensor in its. sole discretion, to the Pipeline proimptly upon Li censor's request.. LICENSEE'S OPERATIONS 11. Construction and Maintenance of the Pipeline, 11.1 Licensee shall not enter the Premises or commence construction unless accompanied. by Licerisor's representative, the 0perator's representative. or its designee. Licensee shall notify Operator's Road master at whall mnnr.net:or. at telephone. (651) 63279022, at least ten (1.0) business. days prior to installation of the Pipeline and prior to entering the Premises for any subsequent maintenance thereon. In the event of an emergency, Licensee shall notify Operator of. Licensee's entry onto the Premises at the telephone .number above as soon as practicable and shall promptly thereafter follow up with written notice of such entry.; 11.2 Licensee's on -site supervisors shall retain/maintain a fully executed.copy of this License at all times while on the Premises, 11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensoe's tracks to the other. 11.4 Any contractors or subcontractors performing work on. the Pipeline or entering the Premises on behalf of Licensee shall be deemed . servants and agents of Licensee for purposes of this License. 11.5 Under. no conditions shall Licensee be permitted to conduct any tests, investigations or any Other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, toots or other materials,. within twenty-five (25) feet of the cent eriin.e of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its. sole cost and. expense, perform. ail activities on and about the. Premises, including without limitation all. construction and maintenance of the Pipeline, in such a manner and of suchmaterials. as not at any time to endanger or interfere with. (1) the existence or use .of present. or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or.(iii) the rights or interests of third parties, .If ordered to. cease using:.the Premises at any time by Licensors personnel due to any hazardous condition, Licensee shall immediately do so. N.otwithstanding.the.foregoin.g.rightof Licensor, the parties agree. that Licensor has no.duty or obligation to monitor Licensee's use. of the Premises to. determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises :is safe, Neither the exercise nor the failure by Licensor to exercise any rights granted in this.Section will alter the liability allocation provided by this License. Form 424, Rev. 20196916 1.1.6 Licensee shall, at its sole. cost and. expense, construct and maintain the: Pipeline. and: drainage onto the Premises in. such.a manner and. of such material that the Pipeline and drainage onto the:Premises will not at any time endanger or interfere with .(i) the existence or use of present or future tracks, roadbeds, or property of Licensor; (ii) the safe .operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Pipeline shall be Completed within one. (1) .year of the Effective Date, and any subsequent maintenance shall be completed within. one (1) year of initiation. Within fifteen. (15) days after completion of the construction of the Pipeline or the performance of any subsequent maintenance thereon,. Licensee shall, at. Licensee's. own cost and expense, restore the Premises. to substantially their state as of the Effective Date; unless otherwise approved in advance by Licensor in writing. Qn or before expiration or termination of this: License for any reason, Licensee shall,.at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth. in Section 24 hereof. 11.7 Licensor may direct one or more of its fieldengineers. or inspectors to observe. or inspect the construction and/or maintenance of the. Pipeline at any time. for compliance with the. terms and conditions of this. License; the Drawings and. Specifications,. and Legal Requirements (defined. below). Ucensee.:shall. reimburse Licensor :for the cost of such, observation or inspection related services pursuant to Section 7 and. Section 8. if ordered at any time -to halt construction or maintenance of the Pipeline by Licensors personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee. shall immediately .do so. Notwithstanding the foregoing right of Licensor; the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the. Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict accordance with the Drawings and Specifications and: in a safe and workmanlike manner in compliance with all.terms hereof. Neither the exercise of,. nor the failure by Licensor to exercise, any rig ht. grarlted by this Section will alter in any ff way the liability al location. provided by this License. If at any time Licensee shall; in the 4 sole judgment of Licensor, fail to properly perform its obligations. under this Section 11,. Licensor may,: at its option and at Licensee's sole expense; arrange for the performance of such work.as it.dee.ms necessary for the safety of its:operations and activities. Licensee hereby grants Licensor a limited license to access and enter the Project Area for the inspection or maintenance of the Pipeline as described above. Licensee .shall promptly reimburse. Licensor for all costs.and. expenses of.such work, pursuant to the terms of Section 8. Licensee's failure to perform . any obligations of Licensee. shall not alter the liability allocation hereunder. 11..8 Licensee shall not seek, permit; allow, or otherwise cause an increase in the collection area of or volume of discharge to, .through,. or from the Pipeline: without Licenser's prior written consent and approval. Licensee .shall further notify Licensor in writing in advance of any proposed change in the use or zoning of the Project Area. 11.9 Continuing Obligations. THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE, INCLUDING BUT NOT LIMITED TO LIMITATIONS ON THE USE AND OPERATION OF THE PIPELINE AND ITS DISCHARGE,. MAINTENANCE OF THE PIPELINE, LEGAL AND ENVIRONMENTAL COMPLIANCE, AND LIABILITY AND INSURANCE, SHALL BE CONTINUING OBLIGATIONS. OF BOTH LICENSEE AND SUCCESSOR OWNERS OF THE PROJECT AREA PURSUANT TO SECTION 29 HEREIN. LICENSEE AGREES TO AND SHALL PROVIDE WRITTEN NOTICE TO LICENSOR OF ANY CHANGES IN OWNERSHIP, IN WHOLE OR IN PART, OF THE PROJECT AREA AND SHALL REQUIRE ANY SUBSEQUENT OWNER OR OTHER INTEREST HOLDER (EXCLUDING LIENHOLDERS, EXCEPT FOR MORTGAGEES IN POSSESSION) TO ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AS PART OF ANY TRAPVSFER OF OWNERSHIP. LICENSOR SHALL APPROVE ANY ASSIGNMENT OF THIS LICENSE IN ACCORDANCE WITH. SECTION 26. LICENSEE Form 424: Rev. 2,0190916 AGREES THAT THE TERMS AND CONDITIONS OF THIS LICENSE SHALL INURE TO THE BENEFIT OF AND BECOME COVENANTS UPON THE PROJECT .AREA AS PROVIDED BY SECTION 29 WHICH SHALL RUN WITH THE PROJECT AREA FOR THE TERM OF THIS LICENSE AND FOR SUCH EXTENDED TERM AS ANY CONTINUING OBLIGATION MAY EXIST FOLLOWING TERMINATION.. 12. Boeing and Excavation. 12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall. contact the applicable State's call -before -you -dig utility location service to have V parties mark the location of utilities. Licensee shall explore the proposed location for such work with harid. toois to a. depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand -tool exploration, .Licensee shall have the right to use. :suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine .the existence. or location of pipelines .and other subsurface structures .prior to drilling. or excavating with mechanized equipment, Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or .nearthe vicinity of the proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-533-2891 (optionl, then option 7), at least ten (10) business days prior to.installation of the Pipeline; Upon receiving Licensee's timely request, Licensor will provide. Licensee with the. information Licensor has in its possession regarding any existing underground lines; utilities; and pipelines at or near the vicinity of the proposed Pipeline and,. if applicable, identify the location. of such lines. on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises :and Licensee's operations will be subject at all times to the liability provisions herein. 12.2 For all bores greater than 26-inch diameter and at depth less than 10.0 feet below bottom of rail, a sail investigation must. be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process: If the investigation determines in Licensor's reasonable op.i.niion.that granular material is present, Licensor may select a new location for Licensee's rise; or may require Licensee to.furnish .for Licensor's review and approval, in Licensor's sole discretion,. a remedial plan to deal with the granular material. Once. Licensor has approved shy such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carryout the.approved plan in accordance with all terms -thereof and hereof. 1203 No wells shall: be installed without prior written approval from Licensor. 12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered and secured at all.times when Licensee is not working in .the actual vicinity thereof, Following completion of that portion of the work, .all holes or borings constructed on the Premises by Licensee shall ties. 12.4.1. filled in to surrounding ground level with .compacted bentonite grout; :or 12A.2 otherwise secured or retired: in accordance with any applicable Legal Requirement. No excavated materials niay remain on Licensor's property for more than ten (10) days; but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 12.5 For any and. all excavation permitted under this License; if removal.of soils or other such material as wastes is required, Licensee shall be deemed -the generator of that.waste. All Form 424; Rev. 2D196916. waste shall be appropriately managed and properly disposed of :at an appropriately - licensed facility in accordance with all applicable Legal Requirements, including manifesting requirements. 1246 All fill materials to be imported to Licensor's property shall be certified clean fill or from a source specifically approved.by Licensor, and supporting documentation shall be provided to..Licensor upon request. LIABILITY AND INSURANCE 13. Liability and Indemnification. 13.1 For purposes of this Licenser (a) "Indernnitees" means Licensor, .Operator and their respective affiliated companies, partners, successors,.. assigns, legal. representatives, officers, directors; shareholders, employees, and agents; (b) "Liabilities'` means allclai►ns, iiabiRies,.fines , penalties; costs,. damages, losses, liens, causes of action; s.uits,. demands, judgments, and expenses: (including, without. limitation, .court costs, reasonable: attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, .invitees,. licensees, employees, or contractors, or any party directly or indirectly employed by. any of them, or any party they control or exercise -control over. 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FOR, FROM, ANDAGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN. PART): 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION,. ITS ENVIRONMENTAL PROVISIONS, 13.2.2 ANY RIGHTS,OR INTERESTS:GRANTE❑ PURSUANT TO THIS LICENSE, 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES, 13.2.4 THE ENVIRONMENTAL. CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED TO, IN WHOLE OR IN PART, BY ANY LICENSEE PARTY, INCLUDING ANY OFF -SITE MIGRATION, OR 13:2:5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY. 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNiTEES' HARMLESS FROM ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A GENERATOR, .OWNER, OPERATOR, ARRANGER; OR TRANSPORTER. FOR THE PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW.). NOTHING. IN THIS LICENSE. IS MEANT BY EITHER PARTY TO CONSTITUTE. A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARR[ER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS; AND DEFEND 1NDEMNITEES FORANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS. LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO Form 424; Rev. 24790910 USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR. BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN. EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND. AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR 1N PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF .EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. 13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE: EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE: 1.3.6 Upon written notice from Licensor; Licensee agrees to assume the defense: of any lawsuit. or other proceeding brought against any Indernnitee by any entity, relating to. any matter covered by this License for which Licensee has. an obligation to assume liability fora.n.dlor .save and hold harmless any Indemnitee,. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable :attorneys' fees, investigators` fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments, 14, Persona! -Property Risk of Loss. ALL PERSONAL PROPERTY OF LICENSEE AND ANY .LICENSEE PARTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL.BEAT AT THE RISK OF.LICENSEE ONLY, AND NO INDEMNITEE WELL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, EXCEPT TO THE EXTENT DUE IN WHOLE OR IN PART TO THE GROSS NEGLIGENCE OR ANY WILLFUL MISCONDUCT OF ANY INDEMNITEE. 15. Insurance: Licenseeshall, at its.sole.cost and expense, procure and maintain during the term of this License the followinginsurance coverage: Coverage will be provided through the League of Minnesota Cities Insurance Trust, 1.5.1 Commercial General Liability "CGL" Insurance. Coverage will be provided as set forth by the Minnesota Municipal .statutes.. The. following coverage will apply to contractors performing work. a. The policy will provide a Minimum. of $5,000,000 peroccurrence and an aggregate limit of at least $10,000,000 but in no event will. the coverage be inan amount less.thari the amount otherwise carried by Licensee. Coverage Must :be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: ■ Bodily Injury and Property Damage Personal injury and Advertising Injury • Fire legal liability ■ Products and completed operations Form 424', Rev. 20196916 It Contractual. Liability for an "Insured Contract" consistent with the definition under the standard ISO general liability policy form. This. policy will include the following endorsements or language, which shall be indicated on or attached to the certificate of insurance: ■ The definition of "Insured Contract" will be amended. to remove any exclusion or other limitation for any .work being done within 50 feet of Licensor's. property; ■ Waiver of.subrogation in favor of and acceptable to Licensor;. • Additional insured endorsement in favor of.and acceptable.to Licensor and Jones Lang LaSalle Brokerage, Inc. to include coverage for ongoing and completed operatlons; ■ Separation of insureds;, ■ The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. C. The parties agree that the workers' compensation and. employers' liability related. exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and. will :not apply to Licensors employees. d. No other endorsements that lirnif coverage with respect to Licensee's obligations under this agreement may be included on the policy; 15.2 Business Automobile Insurance. Coverage will be provided asset forth by the. Minnesota Municipal: statutes. The:following will apply to -contractors performing work. a. The insurance will provide minimum. coverage with a combined single limit of at least $1000,000 per accident, and include coverage for, but not limited to the following: ■ Bod.ily injuryand.property damage. ■ Any and all vehicles owned, used or hired. The policy will include `the.following endorsements or language, which will be indicated on or attached to the certificate of insu.rance:. ■ Waiver of subrogation in favor of and acceptable to Licensor; • Additional insured endorsement in favor of and acceptable to Licensor.; ■ Separation of insureds; The .policy shall be primary and non-contributing with respect to any insurance carried by Licensor. 15.3 Workers' Compensation and Employers' Liability` Insurance. Coverage will: be provided. as. set forth by the Minnesota Municipal Stat..utes. Requirements .below are set forth. for contractors. a. The policy will provide coverage of all employees performing any part of the installation or maintenance of the Pipeline 1ricluding coverage..for, but not limited to: • Licensee's statutory liability under the workers' compensation Laws of the state(s) in which the work or services under this agreement are to. be performed. The policy will. cover all of Licensee's employees, regardless .of whether such coverage is optional under the law: of that. state(s). ■ Employers` Liability (Part B.) with limits of at least $500,000 each accident, $500.000. by disease policy limit, $500,000 by: disease each employee. b. The policy will include: contain the following endorsements or language, which shall be indicated on or attached to the. certificate•of insurance: ■ Waiver of subrogation in favor of and acceptable .to Licensor, Form 424; Rev. 20190916 15.4 Railroad Protective Liability Insurance, The.. policy will name only Licensor as the Insured And will provide coverage of at. least $5,000,000. per occurrence and $10,000,000 inthe aggregate. The coverage obtained under this policy shall only be. effective during the initial installation and/or construction of the Pipeline, TIME CONSTRUCTION OF THE PIPELINE SMALL BE COMPLETED WITHIN ONE (.1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Pipeline is needed at a .later date, an additipnal Railroad Protective Liability. Insurance Policy shall be required, The policy will be issued on a standard ISO form: CG 00 35 12 04.and include the following: ■ Endorsed to include the Pollution Exclusion Amendment. • Endorsed to include the Limited Seepage and Pollution Endorsement. ■ Endorsed to remove any exclusion for punitive damages.. Endorsed to ind ude. Evacuation Expense Coverage Endorsement, • No other endorsements. restricting coverage may be added. • The original policy must be.provided .to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and .approved the policy. The definition of "Physical Damage to. Property" will be endorsed to read: "means direct and accidental loss of or damage -to all:property. owned by any named insured and. all property in any named insured's care, custody and. control (including, but not: limited to rolling stock and their contents; mechanical construction equipment or motive power equipment, railroad tracks, roadbeds; catenaries, signals, tunnels, bridges acid buildings) arising out of the acts .or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a. periodof one (1) year from the Effective . Date,. Licensee may participate in Licensors: Blanket Railroad. Protective Liability Insurance Policy availableto Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,266.00. a Licensee may elect toparticipate in Licensor's Blanket. Policy; Q Licensee declines to participate is Licensor's Blanket Policy. 1515 Intentionali .Deleted. 15.6 Other Requirements; 15.6.1 Where allowable by law, no exclusion for punitive damages may be included in any policy. 15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against .Licensor per the indemnification provisions of this License. In addition, Licensee's insurers, through the terms of the . policy or policy endorsement; waive their right of subrogation against Licensor for all. claims and suits. Licensee further waives its right of recovery, andits insurers also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property or property under Licensee's care, custody, or control. 15.6.3 Allocated Loss Expense, including but not. limitedto defense costs and expenses, will be in addition to all policy limits for coverage under the insurance requirements. 15.6A Licensee is not -allowed to self -insure without the prior written consent of Licensor. If Licensor allows Licensee to .selNnsure, Licensee shall directly cover any self - insured retention or other financia.l responsibility.forclaims in lieu of insurance. Any and all Licensor liabilities that would.otherwise be covered by Licensee's insurance. in accordance with the.provisions of this agreement, will be covered as if Licensee. Form 424;'Rev. 20190916 elected not to include a: self -insured retention or other financial responsibility for claims. 15.6.5 Prior to entering or using the Premises or..commencing.:any work related to :the installation or subsequent. maintenance of the Pipeline, Licensee-shall.furnish to. Licensor an acceptab.fe certificates) of insurance from an authorized: representative evidencing the required coverage(s), endorsements, and. amendments. 15.6.6 Licensee. shall notify Licensor in writing at least 30. days prior to any .cancelfation, non -renewal, substitution or material alteration of any insurance requirement. 15..6.7 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating.of A- and Class VI or better, and authorized :to .do business in the state(s) in which the service is to be provided. Insurance for the City will be provided by the League of Minnesota Cities insurance Trust. 15.6.8 1f the coverage provided by any of the insurance policies required by this. agreement is purchased on a "clairris made" basis, Licensee hereby agrees to maintain coverage in force for 'a minimum of three years after expiration, cancellation or termination of this agreement. 1..5.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at. least annually or: in the event of a renewal or material change of coverage. 15.6.10 Licensee represents that.th is: License has been thoroughly reviewed by Licensee's insurance agent(s)lbroker(s), and that Licensee has instructed them to procure the insurance coverage required by this License: 16.6,11 Not more frequently .than once every five years, LiCens..or may., at its discretion,. reasonably modify the. insurance. requirements: to reflect the then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. 15.6.12 If Licensee will subcontract any portion of the. operation, Licensee shall: require that the subcontractor provide and maintain insurance coverage(s) as.:set forth herein, naming Licensor as an additional insured. En addition, .Licensee. shall require that the subcontractor shall release, defend and indemnify Licensee to the same extent and under the same terms and conditions. as Licensee is required to release, defen.d.and indemnify Licensor under -this agreement, 15:6.13 Failure to provide evidence as required by this section.shall entitle, but not require; Licensor to terminate. this License immediately. Acceptance of a certificate that does. not .comply with this section :shall not .operate as a waiver of Licensee's obligations hereunder. 15014 The fact that. Licensee obtains insurance {including; without limitation, self- insurance) shall not release or diminish Licensee's liabilities or obligations including, without limitation, the liabilities and obligations under the indemnity provisions of the License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Damages are limited pursuant to Minnesota Statutes. 10 Form 424; Rev. 20190916 15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement, Licensee will make the policy covering such:clainis or lawsuits available to BNSF. 16.6.16 If Licensee maintains broader coverage .andlor higher limits than the: minimum requirements in this Agreement, BNSF requires and shall be entitled to the.broader coverage and/or the higher limits. Any available insurance proceeds in excess of the .specified minimum limits of insurance and coverage. shall be available to BNSF. :15.6.17 These insurance provisions are intended to be.b.separate and distinct obligation on the part of the Licensee. Therefore, these provisions. shall be enforceable and Licensee snail be bound.. thereby regardless of whether or not indemnity provisions are determined to be enforceable. in the jurisdiction in which the work or services are performed under this License. 15.6.1.6 For purposes of this: Section 15, Licensor shall mean "Burlington Northern Santa Fe; LLC",'BNSF Railway Company",."Minnesota Commercial Railway Company" and the subsidiaries, successors, assigns and affiliates of each. COMPLIANCE WITH LAWS REGl1LATioN5 AND ENVIRONMENTAL MATTERS. 1& Compliance with Laws, Ruies, and Regulations: 16.1 Licensee shall observe and comply with any and 'all applicable federal, state, . focal, and tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the constructi6n, maintenance, and use of the Pipeline and the use of the Premises. 16.2 Prior to entering the Premises., Licensee shall and shall cause its contractor(s) to comply with all of Licenser's applicable safety rules and regulations. Licensee must ensure. that each of its employees, contractors, agents orinvitees entering upon the .Premises completes the safety orientation program at the: Website."www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must. ensure that each and every :employee. of Licensee, its contractors, agents and invitees possess a c a rd. ce rtify i ng cornp1eflon of.the.Safety Orientation prior. to entering upon the Premises. Licensee. must renew (and ensure that its contractors, agents or invitees, .as.applicable, renew) the. Safety Orientation annually. 16.3 Licensee shall obtain on or before the date. it or its contractor enters the Premises, arty and all additional rights -of way, easements, licenses and other agreements relating to the grant of rights and in in and/or access to the Premises (collectively" the "Rights") and such other rights, licenses, permits, authorizations,. and approvals (includin.g without limitation, any necessary local, state, federal or tribal authorizations .and environmental permits.) that are necessary in order to permit Licensee to construct, maintain, own and operate the Pipeline and. otherwise to perform its obligations hereunder in accordance -with the terms and conditions hereof. Licenser's consent to the use of the Premises contemplated under this License shall not constitute an endorsement of the effectiveness or sufficiency of any best management practices required under any environmental permit issued to Licensee or cause Licensor to be subject to: any terms or conditions of an.y such Licensee permit. 16.4 Licensee shall either require that the initial stated term -of each such Rights be for a period that does not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial stated terra of any such Right expires in: acco rdance: with its ordinary terries on a date earlier than the last day of the term of this License, Licensee shall, at its cost'. exercise. any renewal rights:: thereunder, or otherwise acquire such extensions, 11 Form 424: Rev. 20190916 additions. and/or replacements as may, be. necessary, in order to .cause the stated. term thereof to be continued until a. date that is notearlier than the last day of :the term of this License. 16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own, operate or use. the Pipeline. in accordance with the terms and conditions of this License, this License thereb.y.shall automatically expire upon such expiration. or termination of the Right. 1.7. Environmental, 17,1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Lawson the Premises. Licensee shall not release or suffer the release of oil or Hazardous Materials (as defined below) on or about the Premises. 17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not handle or transport Hazardous Materials through the Pipeline. or on Licensor's: property. Further; Licensee covenants that the storrnwaterdischarged onto Licensor's property shall be free and clear of contamination and other pollutants. Upon request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in compliance with the provisions of this Section 17.2. 17.3 Licensee shall give Licensor immediate notice. to Licenser's Resource Operations: Center at. (800) 832-5452 of any known release of Hazardous Materials on, from, or affecting the Premises, and prompt notice by a -mail to EnvironmentalLeases@ BNSF.com of any known violation of Environmental Laws or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use its best efforts to irnmddiately respond toany release on, I{ from, or affecting the Premises. Licensee. also shall give Licensor prompt notice of .all measures undertaken on behalf of Licensee. to investigate., remediate, respond to or otherwise cure such release or violation. 17.4 if Licensor has notice from Licensee or otherwise of a. release. or violation.of Environmental Laws. arising in any way. with respect to the Pipeline or its. drainage which occurred or may occur during the term of this License; Licensor may require Licensee, at Licensee's sole risk and: expense, to take. timely measures to investigate, remediate, respond. to or otherwise cure such release. or violation affecting the Premises or Licensor's right-of-way. 17.5 Licensee shall immediately.. report to Licensors. Resource.Operation. s Center at (800..) 832- 5452 any conditions or activities .upon the.Premises known to Licensee which create a. risk of harm to persons, property or the environment.and shall take all reasonable actions. necessary to.:prevent injury to .persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting. to Licensor.shall not relieve Licensee of any obligation whatsoever imposed on it by this License.. Licensee shall. promptly respond to. Licensor's :request for information regarding said conditions or activities. 17.6 During the term of this License, Licensor may., at Lice.nsor's.option, require Licensee to conduct an environmental audit,: including but not limited to sampling, of the Premises through an environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense, to determine if any. noncompliance or environmental damage to the: Premises has occurred arising from or related to use or occupancy thereof by Licensee.. The auditshall be conducted to Licensoe's satisfaction and. a. copy of the. audit report shall promptly be provided to Licensor for its review.. Licensee. shall.. pay all. ekpenses for any remedial or corrective action that may be required as a. result of said audit to correct any :. 12 Form 424;Rev.26190816 H noncompliance or environmental damage, and licensee shall diligently pursue and complete all necessary work prior to termination of this License. Licensee's obligations under this Section 17.6 shall survive termination of this License. 17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or .obligation to monitor Licensee's use of the Premises to determine Licensee's compliance with Environmental Laws, it being solely Licensee's responsibility to ensure that. Licensee's use of the Premises is compliant. Neither the exercise nor the failure by Licensor to exercise. any rights granted in this Section will alter the liability. allocation provided by this License. 17.8 "Environmental Law(s)" shall mean any federal, state, local, or .tribal law, statute, ordinance, code,. rule; regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to. health,safety; any Hazardous Material,. or the environment (including but not limited to ground, air,. water, or .noise pollution or contamination, and underground :or above=ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C.:§6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.:§5101 et. seq;;. the Federal Water Pollution Control Act, 33 U.S.C..§1251 et seq.;: the Clean Air Act, 42 U.S.C. §:7401,0 seq.; the Toxic Substances Control Act, 15 U.S.C. §2661 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community Right -to -Know Act, 42 U.S.C.11001 et.seq.;.the Federa[ Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136.`to 136y;.the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational. Safety and Health Act,.29 U,S.C: 651 et seq:; all as have been amended from time to time, and any other federal, state, local, or tribal environmental requirements, together with all rules,. regulations, orders, and :decrees now or hereafter promulgated .under anyof the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.. 17.9 "Hazardous Material(s)" shall include.but.shall.not be limited to any substance; material, or waste that is regulated by any Environmental Law or otherwise regulated by any federal, state, local., or tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive, red ioactive.0r other properties that may be hazardousto human Health Or the environment, including without limitation asbestos and asbestos -containing materials, radon, petroleum. and petroleum products; urea formaldehyde foam insulation; methane, lead -based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or constituents, pesticides, agricultural.chemicai.s, and any other special, toxic, or hazardous (i) su.bstances; (ii) materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or identified as "hazardous chemicals "Hazardous substances," "hazardous materials;" "toxic substances," or "hazardous wastes" in any Environmental Law.: DISCLAIMER OF WARRANTIES 18. No Warranties. 1811 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND, ALL WARRANTIES,. EXPRESS. OR IMPLIED, WITH RESPECT TO THE. PREMISES OR. WHICH MAY EXIT BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS' FOR. A PARTICULAR PURPOSE. 13 }=orm 424; Rev. 260og16 18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE WILL VIOLATE OR INFRINGE UPON. THE RIGHTS, INTERESTS AND ESTATES.. OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS; EASEMENTS AND LIENS OF ANY THIRD PARTY. 19. Disclaimer of Warranty for Quiet Eniovment, LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT 15 MADE. 20. Eviction at Risk of Licensee. In case of the eviction of Licensee by:anyone owning, claiming title to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected .rail :corridor, Licensor shall not be liable .0) to refund Licensee any compensation. paid hereunder, except for the pro-rata part. of any recurring charge paid in: advance, or (ii) for any.damages. or costs Licensee sustains in connection with -the eviction. LIENS AND TAXES 21, Liens.and Charges.. Licensee shall promptly pay and discharge any and all liens arising out of .any construction, alterations or repairs done; suffered or permitted to be done by Licensee on the Premises. Licensor is hereby authorized to past any notices ortake any other action upon or with respect to the.. Premises that is or may be permitted by I.aw to prevent the attachment. of any such liens to the Premises; provided, however,.that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21 or any other Section of this License. 2Z Taxes, Licensee shall pay when due any taxes; assessments or .other charges (collectively, "Taxes"): levied or assessed by any governrmental.or quasi -governmental body upon. the Pipeline or any other improvements constructed or installed on. the Premiises.by.or for Licensee (collectively., the "Improvements") or any Taxes levied. or assessed against Licensor or the Premises that are attributable to the Improvements. DEFAULT TERMINATION AND SURRENDER 23; Default and Termination. In addition to and not in limitation of Licensors right to terminate for failure to provide evidence :of insurance as required pursuant to the terms.of Section 15, the following events are also deemed. to be events of default pursuant to. which Licensor has the .rig ht.to terminate as. set forth below: 23.1 If default shall be made in any of Licensee's covenants, agieenients.; or obligations: contained in this License or in case of -any assignment or transfer of this License in violation of Section 26 below, and Licensee fails to cure said default within thirty (30.) days after written notice is. provided to Licensee by Licensor, Licensor may, -pt% its option, terminate. this License by serving five (5) days' notice in. writing upon Licensee,. Notwithstanding the. foregoing, Licensor shall have the. right to terminate this License immediately if Licensee fails to provide evidence of insurance asrequired in Section 15, 23.2 Shou#d Licensee not.comply fully with the obligations of Section 17 regarding the handling or transporting of Hazardous. Materials, notwithstanding anything contained in any other provision of this.. License, and fails to cure. said default within thirty (30) days after written notice is provided to Licensee by Licensor (or within such shorter period as maybe required by law.), Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. 14 Form 424; Rev. 20190016 23.3. Any waiver by Licensor of any default or .defaultsshall not constitutea waiver .of the right to. terminate. this.License for any subsequent default ordefaults, nor shall- any such waiver in any way affect Licensor's ability to enforce any Section of this License. The. remedies set forth in this Section 23 shall be.. in .addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity, 23.4 In addition to and not in limitation of Licensor's rights -to terminate. this License for.faiium to provide evidence of insurance or occurrence of defaults as described above, this License May be terminated by Licensor, at any time, by serving thirty (30) days' .written notice of termination upon Licensee, Such termination shall not release either party hereto from any liability or obligation under the. License, whether of :indemnity or otherwise, resulting from any acts,. omissions or events happening prior.to the date of termination or thereafter in case by the terms of.the License it is provided that anything shall or may be done after termination hereof, Licensee may not .terminate. this License except upon such terms .as may be approved by. Licensor in Licensor's .sole discretion, which terms must include, but are not limited to,. Licensee's. compliance with the Restoration Obligations defined and described in Section .24 below .(including without limitation the design, .approval and implementation of the Alternate Drainage Plan). 24. Surrender of the Premises. 24.1 On or before expiration or termination of this. License for any reason, Licensee shall, at its :sole cost and expense: 24.1.1 Unless.consent for the: Pipeline to. remain on the Premises .pursuant to Section 24.3 is granted by Licensor in writing, remove the. Improvements, the Pipeline.and all appurtenances. thereto,. or, at the sole discretion of Licensor, fill .and. cap or otheiwise:.appropriately decommission the Pipeline with a .method satisfactory to Licensor; 24.1:2 report and restore anyenvironmental noncompliance or damage to :the Premises, Licensor's :other property, or any other property arising from, growing. out of, or connected with Licensee's use of -the Premises; 24.1.3 remedy any -unsafe conditions on the Prernises.created or aggravated by Licensee; and 24.1.4 leave the Premises in substantially the same condition, including environmental. conditions, which existed as. of the Effective Date; or as otherwise agreed to by Licensor. In accordance with the removal or decommissioning of the Pipeline. -as required by this section, Licensee.shali no longer be.permitted: in any respect to discharge stormwater or other drainage from or through the Project Area onto the Premises or other property of Licensor except as expressly approved by Licensor in writing. Licensee shall seek approval and shall implement a drainage plan in accordance with applicable laws .and regulations (including local .ordinances) that. provides for the management and discharge of stormwater from the Project Area in a: manner other than onto, over, or through the. Premises or otherwise impacting Licensor's property and right of way (the "Alternate Drainage Plan'"), 24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to. -Licensor or if Licensee fails to complete. its obligations under Section 24.1 15 Form 424:.Rev. 201190918 above (the "Restoration Obligations"), Licensee shall have a limited License to enter upon the: Premises and Project Area.:sol.ely.to the extent necessary for Licensee to complete. the Restoration Obligations, :and all liabilities and obligations of Licensee hereunder shall continue. in effect. until .the Premises are surrendered and. the. Restoration Obligations are. completed.. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events: happening prior to the date of termination, or, : if later, the. date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. .Maintenance of the .Pipeline and .compliance with the. Restoration Obligations. shall be. continuing obligations of Licensee and its. successors and assigns, secured by the covenants provided in Section 29. 24.3 If:Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination. of its tenancy, then Licensor may; at its election: (i) remove the Pipeline and the :other Improvements. or otherwise restore the Premises and complete any portion of the Restoration Obligations which remain incomplete, and in such. event Licensee.shall, within thirty (30).days. after receipt of bill therefor, reimburse Licensor for all costs. incurred, (ii) upon written notice to Licensee, take and hold the Pipeline and the other Improvements and personal property as its sole property, without: payment or obligation to Licensee therefor, or (iii).specificallyenforce Licensee's obligation to restore.andlor pursue any remedy of law or:ih equity against Licensee:for failure.to.so restore. Further; if Licensor has .consented: to the Pipeline and the other Improvements remaining on .the: Premises following termination,. Licensee:shall, upon request by Licensor, provide a bill -of sale in a form acceptable to Licensor conveying the. Pipeline and the .other Improvements to Licensor for no additional consideration. MISCELLANEOUS. 25. Successors and Assigns. All provisions contained -in this License shall be binding upon, inure to the: benefit. of, and be .enforceable .by the respective .successors and assigns of Licensor and. Licensee to the same extent.as .if each such successor and assign was named a. party to this License, provided that, no successor o.r assign of Licensee may seek to e.nforce:this. License until and u.nless.such assignment has been approved. by Licensor as provded.in Section 26. 26. Assignment. 26.1 Licensee may not sell, assign, transfer, or hypothecate this License: or. any right; obligation, or interest herein (either voluntarily or by operation of law, merger, or otherwise) Without the prior written consent of Licensor, which consent to a:subsequent owner of the Project Area may not be. unreasonably withheld or delayed by Licensor. Any attempted assignment by Licensee in violation of this. Section 26 shall be a breach .of this License and,. in addition, shall be voidable by Licensor in its sole :and absolute discretion. 26.2 For purposes. of this Section 26, the word: "assign" shall include without limitation (a) any sale of the equity interests of Licensee following which the equity interest.holders of .Licensee immediately prior to .s.uch sale own, directly or Irid irectly, less than .501/6 of the combined voting power of the outstanding voting equity interests of Licensee; (b).any sale. of all or substantially all ofthe assets of (ij Ucensee.and (ii) to the extent such entities exist, Licensee's parent and subsidiaries, taken .as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee. Notwithstanding the %foregoing, any reorganization, recapitalization, merger or consolidation following.which the equity interest holders of Licensee immediately prior to. such reorganization, recapitalization', merger or consolidation own, .directly or indirectly, at least 50% of the combined voting power of the outstanding .voting equity interests of Licensee or any successor thereto or the entity resulting from such. reorganization, recapitalization, merger or consolidation shall not be deemed.an assignment. 16 Form 424; Rev. 2019091.15 26.3. Notwithstanding the provisions of Section 26.1 above or anything contained.in.this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this. License or any interest herein in contravention of the provisions of .this License (a "Purported Assignment") to another. party .(a "Purported Transferee"); the ;P u rported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation to comply with .the provisions of Section 15 above concerning insurance requirements. In addition to.and riot in limitation of the foregoing, Licensee, -for itself, its successors and assigns., shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or description. of any person or entity directly or indirectly arising out of, resulting from or related to (in whole or in a Purported Assignment. 26.4 Licensor shall Have the right:to transfer and assign,. in whole or in part, all of its rights and obligations. under. this License, and upon. any such.transfer or.assignment, Licensor shall be released from any further.obligations:.hereunder; and Licensee agrees to. look solely to the.successor in interest of Licensor fo.r.th.e performance of such obligations. 26.5 The provisions of this Section.26 shall survive the expiration .or earl ler termination of. this License,. 27. Notices. Any notice, invoice, or -other writing required or perhiittedto be given hereunder by one party to the: other shall be in writing and the.same shall be. given and shall be deemed to.have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into. the custody'of.a, nationally recognized overnight delivery service — addressed to the. party to be notified at the address for such party specified. below, or to such other address as the party tobe notified may: designate by givingthe other party no less than thirty (30) days' advance written notice of such change.in address.. If to Licensor: .tones Lang LaSalle Brokerage, Inc. 4200 Buckingham Road, .Suite 110: Fort Worth, TX 76155 Attn: Permits/Licenses with a copy to: BNSF Railway Company 2301 Lou Menk Dr., GOB 3-W Fort Worth,TX. 76131 Attn: Senior Manager Real Estate If to Operator: Minnesota Commercial Railway Company 508 Cleveland Avenue N. St. PauI.,.MN 551.14 Attn: If to Licensee: City of Gem Lake. 4200 Otter Lake Road Gem Lake, MN 55110 Attn, 28, Survival. Neither termination nor -expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise,.resulting frorn any acts., omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other Improverrients are. removed andthe Restoration Obligations are completed in accordance with the terms hereof, 17 Form 424.; Rev, 20190916 29. Covenants Running with Land; Recordation. THIS LICENSE SHALL BE CONSTRUED AS: RUNNING WITH THE LANDS BENEFITTED HEREBY, INCLUDING WITHOUT LIMITATION THE PROJECT AREA DESCRIBED ON EXHIBIT "B" ATTACHED HERETO; HOWEVER, THE. RIGHTS GRANTED HEREIN ARE NEITHER EXCLUSIVE NOR A. DEDICATION OF THE PREMISES TO LICENSEE. THIS LICENSE AND ALL OF THE TERMS, COVENANTS AND PROVISIONS HEREOF SHALL INURE TO THE .BENEFIT OF AND BE FULLY :BINDING ON LICENSEE, LICENSOR, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (INCLUDING ALL PERSONS.OR ENTITIES ACQUIRING.ALL OR ANY PORTION OF THE PROJECT AREA OR THE PREMISES). It is.understood and agreed that this License shall not be placed.or.allowed. to be. placed for recording in the applicable public land .records.. 30. Applicable Law. All questions concerning the interpretation or application of provisions of this License.shall be decided according to the substantive laws of the State of Minnesota.without regard to conflicts of law provisions. 31. Severability. To the. maximum extent possible, each provision of this License shall .be interpreted. in such manner -as to be effective and valid underappliicable law, but if any provision of this License shall be prohibited by, or held to be. invalid urider, .applicable law, such provision shall be ineffective solely:to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License.. 32, Integration: This License is the ful[and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises; and supersedes any and all other agreements between the parties. hereto relating to Licensee's use of the premises .as described herein. However, nothing herein is intended to terminate any surviving obligation .of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. 33. Joint and Several Liabilitv. If Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained. shall be the joint and several.covenants and agreements of such parties. 34. Waiver, The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision. for any subsequent breach thereof. 35. Interpretation.. 35.1 This License shall be interpreted in a neutral. manner, and. not more strongly for or against any party based upon the source.of the draftsmanship; both parties hereby agree that this License..shall not be subject.to the principle that a contract. would be construed: against the party which drafted the same. Article titles, .headings to sections and paragraphs and the table of. contents (if any). are inserted for convenience of reference only and are :not intended to be a part or to. affect the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and -as an integral part of this. License to the same extent.as if they were set forth verbatim herein. 35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed bysuch words or words of like import; "writing", "written" arid comparable terms refer to printing, typing;. lithography and other means of reproducing words in a visible form; references to any person are also to that person's. successors and permitted assigns; "hereof', "herein", "hereunder" .and comparable terms refer to the entirety hereof and not to any particular article, section; .or other subdivision hereof orattachment hereto; references to any gender.include references. 18 Form 424: Rev. 201909115 to the masculine or feminine as the content requires; references to the plural include the singular and vice versa; and references to this License or other documents are as amended,modified or supplemented from time to time. 36. Counterparts. This License. may be. executed in multiple counterparts, :each of which shall, for all purposes, be deemed an original but which together shall constitute one and .the same instrument, and. the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this License may also be exchanged electronically and. any electronic version.of any party's signature shall be deemed to:be an.original signature for all purposes. 37. Licensor's Representative.. Jones Lang LaSalle Brokerage, Inc. is acting as representative. for BNSF Railway Company.. END OF PAGE — SIGNATURE PAGE FOLLOWS 10 Form 4N; Rev. 261909.16 This License has been.duly executed by the parties hereto as of the Effective Date. LICENSOR; SNSF Railway Company, a Delaware corporation Jones Lang LaSalle Brokerage, Inc., its Attorney in Fact 2650 Lou Menk Drive - MOS1 Fort Worth, Texas 76131 By: O Shane Krueger Vice President -- Permits & Special Proi• Title City of Gem iAliie, a Minnesota `municipal corporation - 1 Name -yam f r Title 1 a 20 Form 42,4; Rdv. 2019MIS a COORDINATE SYSTEM: MN S TRACKING NO. 21W-12096 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN BNSF RAILWAY COMPANY AND SCALE. 1 IN = 50 FT TWIN CIT ES D1V, 11137;,r.<:.:t..,�:t3?,..;.:::.:��;:'• 3...: MNNR W B -H EAR UGO SUBDIV.' �'-�. sus --s L 0 ,S. 0214 MP: 7.$5. { _ ::,'. ::-.... .r. DATE: 19 / - D - Q'. F • t:,i: ..ii.c�y Mrr' r,W S. � ,r=i �: R;.:^ '•, Cam• .. ..' l � )r rN}. 4loo i °', •;: 3^ N SECTION: ' 4 SHIP & FtAN�E: 30N 22W MERIDIAN: 4PM v 45.048417rk_�r-93033055" a RUNS INTO r.: ,OUTFLOW. ADS NT TO nDITCH > i l •T Y.: rr� i. .,.....•.-<.,...:. ..;;-N••:;,.:,,._ e.::., ...:'-' .....:.. ... ✓ :fir- l '-P'w?3.o' ''i^ .ism'• ... .... ... .r.�jE.) . >'�fir ...... .... ... .... .. ..... ... ,.. ...._....... ... _.. .. .. .. ,...•5.........r.... ..... ��r?..i� �:�^......<...^'Si'�:... �:%'.��� :.d' '..'�:. ..... .. ., .. =:.fix:...... ..... .{ ... i.>..� 0 - NEWAPRONIOUTLET ' ' Source Esri DigJJtalGlo6e;,;GeoEye Earthsi 0 - NEW MANHOLE r _ CNES1Pirbus DS+ USQA; _USES' AeroGRi[3. Ex S 'E I TI NG MANHOLE E„x z - -....,. r.....<- , ..,...<-._. .... _._..«..... _r...�_-.....,......... AGREEMENT UNKNOWN .,..<«w..,......,...-.,.....c?•'''�:a�ra"'ti�•.t`Kr'�l.']':.'.r..........<.L,..... TO BE REMOVED X.— -.EXISTING PIPELINE DESCRIPTION OF PIPELINE AGREEMENT UNKNOWN PIPELINE SHOWN BOLD TO BE REMOVED CARRIER CASING CARRIER PIPE PIPE. PIPE SJZE: 36' LENGTH ON RNV: 85, CONTENTS: .STORM SEWER WORKING PRESSURE: 0 PSI . POEMATERIAL; RCP BURY, BASEIRAIL TO TOP SPECIFICATIONS! GRADE: CL III' OF PIPE WALLTHICKNESS: 4" - BURY: NATURAL GROUND A'-15' COATING: BURY: ROADWAY DITCHES 0,-15' CATHODIC PROTECTION VENTS: NUMBER _ SIZE HEIGHT OF VENT ABOVE GROUND NOTE: PIPE TO BE INSTALLED BY TRENCHING GEM LAKE COUNTY OF RAMSEY STATE OF MN CASING PIPE JNC 0 L2 uj ui CL DRAWING NO. 82973 I I CITY OF GEM' LAKE Heritage Hall 4200 Otter Hake .Road I Gem Lake, MN 551*10 - - 65 I -747-2790/921651-747-2795 (fa4) E-mail citv@&emIakem6.org 2023. Gem Lake City Council and Planning Commission Meeting $cheaule January July 0.1/09/2023 City.Council Worksh6p-7*pm: 07/10/2023 City Council Workshop `-7p.m. 0.1/1.0/2023 P(spningCommission Meeting-7 p.m: 07/11/2023. Planning.Commission Meeting —7-P.M. 01/17/2023 City Council Meeting- 7 p.m, 07/18/2.023 City Council Meeting-= 7 p.m. February August 02/13/2023 City Council Workshop —7pini. 08/09/2023 PIanningCommission MeOing-*Tpjn. 02/14/2023 Planning Commission Meeting-7 p.m. 08114/2023: City Council: Work$6p-7 p:m. 02/21/2023 City Council Meeting - 7 p,m. 08/15/2023 City Council Meeting —•7 p.m. March September 03/13/2023 City Council Workshop — 7 p.m. 0.9/11/2023 City Council Workshop —7 p.m. 03/14/204 Planting Commission Meeting —7p:m. 09/12/2023 Planning Comm issionMeeting .-7p.m. 03/21/2023 City Council Meeting — 7 p.m. 09/19/2021 City Council.Nleetint; — 7 p.irm April October 04/10/2023 City Council Workshop — 7 p.m. 10/09/2023 City. Councif Workshop -- 7 p.m. 0411.1/2023 Pfanning Commission Meeting— 7 p.m. 10/10/2023 Planning. Commission Meeting — 7 p.m, 04/18/2023 City -.Council Meeting -- 7 p.m.. .10/1-7/2023* City Council. Meeting.— 7 p.m: May November 05108/202:3 City Council Workshop — 7 p.m. 11/13/262 City Council Workshop — 7 p.m. 05/09/2023 Planning Commission Meeting — 7 p.m. 11/14/2013 Planning Commission iMeeting — 7 p.m.. 05/1612023. City. Council Meeting— 7 p.m. I1/21/2023: City Council Meeting'--7 p.m. June December 06/12/2023 City Council Workshop —:7 p.m. 12/1 I/2023 City Council Workshop — 7 p:in. 06/13/2023 Planning Cornmissiori Meeting -- 7 p.m. 12/12/2023 Planning Commission Meeting —7 p.m. 06/20/2023 City Couneil-Meeting -- 7 p.m. 1:2/19/2023 City Council Meeting— 7 p.m. Gem Lake Hediage Hall ScheduledOifki Closures January July 01/02/2023 New fear's Day Observed (Monday) 0.7/041.2023 lndependence.Day (Tuesday) 011116/2023 Martin Luther King Jr. Day (Monday) February August 02/20/2023 Pres.ident's:Day(Monday) Ma rcli September 09/04/2023 Labor Day (Monday) April October May November 05/29/2023 Memorial Day (Monday.) 11') 0/2073 Veterad's Day Observed (Friday) I J123/2023 Thanksgiving .(Thursday) 11/24/2023 Day After Thanksgiving (Friday) June December 06/1.9/2023 Juneteenth (Monday) 12/22/2023 Christmas Eve Observed (Friday) 12/.2572023 Christmas Day (Monday) 73 v CD y CD co d •gTi;•\'.''b` G i_ 'GI ^` wz *1:...,'•i; C 5:.: C: C m C 14 v a =o •.'tt, =I9W �. c. 'w � EE i5 , d: °' v)CL w EL 70dro. do::��.. d.cc� IV L L O C O C �. ' .�l• N O Uf p c E v _ E .•'•.:' �' = ' .Y gyp: v o m O m v m o �' O .:.��.: • amt C•! /V V •� P 01 [h N V� r m M N V .�. r 0.7 '• '�::'.C':.' � 'a G •p V. '0..� .CL G Qc Y to q 3 go m _..... ±••�•' ILLm C fi ro c �s ;Ls• w ILI G f4L 4 fi Ol U t'. 01) A—C. Of Uca Ai a O w O :O ? JIt 0 IL O.t IL p.a. Di cu E C Z w m S.. 1p :�tr �' d a ro CL •m ..y ' O i O -u..,l •� •.O •i.:v. ti C .Q .,.�j -C7 L Q .O 73 co aj Ip m �a -0 Cl) 0 in; C• `1 �.. 1 ;,' : N C 1` +I : co N U J d �� �� �• t( o i'. O � 4 c+ :�7 'n 7. G .... �' O �''7 E ... C? m 0" Ti I1 C l Q �. c E N C b V b V r O yi�pp N vq N_ ' Q N t N � d .uj `. n N � Q �• Y .5 N •n ri O N �. q $. b sE• v d �• N O r C as « Z ti O N IS N F a. U' � W GG C k' t A N ' E N E O .0 � O y v 'p a .. D m 0 Q E O v Q m u '.0 O d } N M m: �, to i N e4e O Administrative/PT Scope of Practice. - Day 1 Session 321 Day 1 of this two-day course is intended to provide essential information in the areas of code history and administration, legal aspects, customer service,.basic construction, inspection process, zoning terms, permit fee,calcuiations, basic occupancy, construction types,.basic means of egress and dealing with difficult customers. Instructor: Gil Rossmiller (Shums Coda) Administrative/PT Scope;of Practice— Day 2 Session 322 Day 2 of this two-day course continues to. provide the essential information from day one in the areas of code history and administration, legal aspects, customer service, basic construction, inspection process, zoning terms, permit fee calculations, basic occupancy, construction types, basic means :of egress and dealing.with difficult customers. Instructor 'Gil 94smiller (Shums Coda) AM: Understanding Residential Building Code Session 323 Understanding Residential Building Code: Who are the stakeholders of the development of the IRC? This course will be an overview of the fundamentals of the IRC; including code development origins, basic principles; and issues. thatare missing or assurned to be included. Examples and illustrations will bean integral part of this presentation. PM: Exterior Wall.Systems Water intrusion through exterior walls may be the largest. problem in residential construction today. This course will discuss the IRC requirements for exterior wails of chapters 3, 6 and 7. General installation requirements of products will be discussed, including weather resistance barriers, flashing, vinyl/ wood/hardboard siding; masonry and culture veneers, stucco and EIFS systems. Instructor: Russell Thornburg (Thornburg Code Services) 't*�{'r.:''•' ar:':v�;v:�4:.v£to.vs;�''r•.nc•>•ri;;r :/lxfl�1.� :�•:v •. }ram; .: • .t��# 2018 Residential Plan Review Session 324 This course provides a procedure for 'eviewing re,:, dential building plans and specifications based:on Chapters 1 through 10 of the:2018 International Residential Codeffi (IRCa). Participants will have the opportunity to practice a building plan review using actual construction documents and an IRC Plan Review Record. Instructor: John Gibson (ICC) A Day in the Life of an Inspector Session 325 Walk a day in theshoes of Justin Holmes, a field inspector in Anywhere, Minnesota: We.will work through his day of plan review, field inspections, phone calls and interactions with department staff as: he encounters an array of situations that test our code knowledge; people skills and other resources. We will also discuss these situations and outcomes for best practices and desired results. Instructor: Andy Schreder (Rum River Consultants) 2023 ICC Region 111 Upper Great Plains Educational. institute...1 www.iccsafe:org/Regfonlll 1 6 Guestroom Reservations All guest rooms are two -room suites,. AMBO group -rate reservations are available through January 23, 2023. The AM130 Group Rate is $132 plus. applicabletaxes and is available for the dates ofthe Institute: starting 'Sunday, February 12, 2023, and ending Saturday; February 18, 2023. To make a reservation at:the AMBO Group -Rate, you can r r�ry-� iin�� ar call into this location at. 1,877,303.1681 and ask for the AMBO Conference Group Rate. Registration Information Register Online: :-, �;:_ ; i_= ire;;°i 't, _? ;-I.F. There is no faX; noemail,.and rio Maikin option for registration: Register today as popular sessions may#ill and close early. All in -person classes include continental breakfast, breaks and lunch. Daily Rate: $190 each day. EarlyBW Rate. $ J Ga per day if registered by Friday; 6 January 202..3. Multi -Day Disc6unt:.$165.00 per day for three, four, or -five -days.. Online Registration Closes: Registration closes Monday, February 6, 2023, the week prior to the event.. Walls -In Registration: Opens Monday; February 13, 2023 at 7:00 a.m. on.site. Limited space available as some classes may be full. Walk-in Rate- $20.0.00 per day.. Cancellation/Refund Policy: Submit cancellation and refund requests.4y email to !ka_rr }rc<i._r_sai�-crrf. Chapter President's Special: 1CC Chapter Presidents may take advantage of a complimentary day of attendance at the Institute. Contact Jerry Backlund, AMBO Chair, ati�:�-:! Chapter Meetings and Special Events ICC Resource Center The ICC Resource Center will be on -site throughout the day on Wednesday and Thursday with an assortment of'Code books, ICC merchandise and staff to provide product/service demWstdations: Trade Show Wednesday is'Trade Show Day"'Vendors from throughout the area will showcase their products and provide timely and relevant information. Be sure to visit.participating vendors and welcome'them to the institute. Dinner Outing All Institute attendees are invited to join ari annual offsite dinner outing.on Tuesday following the AMBO General Membership Meeting. This is. pay-yiour-owrt-way social event. Details Will be provided on -site. AMBO Board Meeting The AMBO Board of.Directors will meet at5:00 p:m: on Monday. Reservations are required .of -Board Members - and Invited Guests: AMBO ICC Chapter Membership Meeting The AMBO General Membership Meeting will be after class on Tuesday. Region Ili Chapter Meeting* The Region III Chapter of ICC will hold a meeting on Wednesday during lunch. We nook forward to seeing new faces and renewing past acquaintances at this unique, networking and training opportunity! 2023 ICC Region III Upper Great Plains Educational Institute I www.iccsafe.org/Regionlit 13 Exhibit 1 Gem Lake 2023 Recycling Performance Work Plan. Minimum Requirements 1. Complete all 2023 SCORE requirements; including reporting on time and in person mid -year status meeting. 2.. Provide outreach to all residents about the municipality's recycling program and submit copies of materials to Ramsey County. 3. Use Ramsey County materials and information'when and Where.appropriate:to promote increased recycling, reuse and repair (e.g., Fix4t Clinics), medicine collection, household. hazardous waste; organic waste and yard waste participation. a. Send materials to Ramsey County for review prior to distribution.. b.. Include county contact information on materials: i.. 24/7 Recycling & Disposal Hotline: 651-633-EASY (3279) ii.. RamseyRecycles.com C. Provide links to the Ramsey County web pages on municipality website. 4. Use hauler data to identifythose not recycling and target.:educationaI materials. 5. Ensure all multi -unit properties are: meeting State law requirements to recycle.and are receiving free Ramsey County resources. 6.. Increase opportunities for recycling in public:s.paces. a: All .recycling bins. must be. paired with a trash bin and in good condition. b. Labels.must be readable. c. Promote Ramsey County's event container lending program and green event planning tips. 7. Implement a "Green" purchasing procurement policy forcity and facilities to use reusable, recyclable or com posta ble packaging. 8. Ensure the collection of textiles for recycling is available to residents through curbside collection and to multi- unit dwellings through special collection or drop-off. 9. Enforce recycling contracts, including the assessment of penalties for non-compliance.. a. Audit.reporting by obtaining hauler weight tickets. b. Have labels replaced if riot readable. 10.. Attend County Recycling Coordinator meetings and attend a Yearly composition study, Additional Incentive ActlyWes Approved: 1. Provide. documentation showing reduced rate :for residents for city bulky collection which is to include mattress collection. AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF GEM LAKE, FOR A SCORE FLINDINGRECYCLING GRANT This Agreement is between Ramsey County (the "County") and the City. of Gem Lake (the "Municipality"). 1. OBLIGATIONS a. Collection 1. The Municipality shall ensure residential. recycling service is available weekly. or every other week to residents at their place. of residence, including: aII multi -unit dw.ellings::and manufactured home parks. The Municipality shall providerecycling for at. least thefollowing materials at curbside and multi=unit. dwelling properties: a. Paper. b. Cardboard. c. Glass bottles: d. Metal cans:. e. Cartons. f. Plastic beverage and food containers. g. Organics when present. 3. Ensure the collection of textiles for recycling is ava liable to reside nts.through curbside. collection and to multi -unit dwellings through special collection or drop-off. 4. The Municipality shall. add additional recyclable materials as reliable markets become available. S. The Municipality shall maintain a longterm.'fUnding mechanism for its residential recycling programs. 6, For eligibility for additional incentive resources, the Municipality commits.. to the.following (choose up to two): ✓Bulky Waste. Col lection.1stablish an efficient and effective program to provide collection of bulky waste items from single family homes.a.t no cost or. a discou.nted.prite and tliatalso prioritizes recycling/reuse and/or mattress collection. Engage Small Businesses.. Include small businesses in curbside.recycling services and. actively engage those.businesse5 to participate in the service. Promote .BizRecycling..Actively work with and.prornote BizRecycling to businesses and institutions in collaboration with Ramsey/Wash.ington Recycling_.&. Energy for organics recycling. and food. waste red uction..programs. Promote Multi -unit Recycling: Actively work with and promote free resources and grants to multi -unit building in collaboration with:Ramsey/Washington Recycling & Energy to improve and/or.start recycling at multi-unit ..dwellings. 2023 SCORE Agreement organics drop-off site. Co-sponsor an organics drop-off site with the county (for suburban cities only). Additional eligible incentive. .Guidelines#or.:iulfilling.the Municipality's obligations for this incentive are included in the Recycling Performance Work Plan as.described below in 1(b).. b. Recycling Performance Work Plan During 2023, the Municipality shall. implement the strategies on the*Recycling Performance Work Plan,.specificto the Municipality, attachedas Exhibit:l;tonieasure its progress towards achieving rec:ycling%go.als. Work plans may be updatgd,'if,agreed to by both parties in writing. c. Reimbursement 1. Expenses eligible for reimbursement mustbein accordance with the established eligible. expenses. Funds not spent by the Municipality during the budget year will be retained by the County. Qgspent funds. may be. used by the County for SCORE -eligible expenditures as determined. by the County. If applicable, t4e-Monicipality shail use the. SCORE1unds -as specified by the Joint Powers Agreement for Recycling Funding:dated July 1, 2019. 2. The County shall reimburse the Municipality a maximum notto exceed sum of$1,1941n base funding and $246 in Incentive funding. Subject to the provisions of section 1(e).($) below, the Municipality.shallreceive two payments for base funds. A. paymentof.50%of the total base funding award will be made within 35 days of receipt of an.invoice,add in no case priorto-the flrst day.of March. The -second- pay ment of 50% of:the-totaI base funding award. .willbe made within 35-days-ofreceipt of -an invoice, and in no.case before the flrst.day of June. The Municipality may invoice forthe eritire incentive funding amount upon. completiorf.of the incentive project by submitting.an invoice and appropriate documentation of expenses, 3. The Municipality shall not use grant funds for expenses, or a portion of expenses, which have been or will be reimbursed.bVdther parties, or for expenses that do not meet the eligibility criteria outlined in the SCORE grant application. 4. The County's obligation under this Agreement is subject to .the availabjlity and provision of funding from the State of Minnesota.. The County may immediately cancel this Agreement or reduce the reimbursement to the Municipality to the extent.funds received from the State are reduced* r eliminated. The County is acting -'as fiscal agent forthe Municipality and in.no event shall be obligated to reimburse the.Municipallty In an amount in excess of that :actually received from the State. S. The to my may deny reiXrikursementto the Municipality*, ors64k recovery of payments .disbursed to the Municlpallty, Jf the Mu.nicipality:is unabieto verify-tha# recycling collection .servlce.ls provided at each place:of residence, -Including MgRkunit dwellings and inanufactured home parks. The amountthat the County may deny or seek recovery of, is that portion of the grant amount equrvalent.to the proportion of•households not provided recycling collection service. 2023 SCORE Agreement"' d. Program. and Performance Reports 1. The. Municipality shall meet with county staff for a mid -year status update related to the SCORE incentives. funds by July 3, 2023. 2. The. .Municipalitysha11 submit a year-end report to the Cburitythrough ReTRAC, the.County's recycling and solid waste data managementtool, by February•13. 2024-.The report is to Include informatign.omrecycling at all residential units, including multi -unit dwellings and rdanufactured home parks, even if the Miunicipality does not provide collection services to those units: a. .Staftirig in 2023, the municipality will need to submit a narrative reporttasupport•tlie• .incentive work completed within the year. The Municipality -is re5ponsiblefor providing .complete and accurate information for all applicable screens in the ReTRAC database. e. Financial Reports 1. The Municipality shall submit, if requested by the County in its -sole discretion, an audited financial report that shows how funds received from the County pursuarit`to this:Agreement were. disbursed. .2: Financial reports shall be in a form to be•deterrriined by the Couhty,.ln its sole discretion: 3. If the municipality has a Joint Powers Agreement for Recycling Funding, the Municipality shall submit a letter which certifies that SCORE funds have been used. pursuant to the Joint Powers Agreement and this Agreement. 2. TERM. The term of this Agreement shall be from -January 1, 2023, through December 31, 2023. 3. CANCELLATION Either party.may cancel this Agreement at ally time upon thirty.(30) days written notice to the other party. In. the event of•#ermination, the Municipality shall be entitled to reimborsementfor those. •eligible eXperises'incurred up to the. termination date, provided the expe►ises.have been incurred. •aci:ordingto thg budget shown in Attachment A and the Municipality is notQtherwise in default of .any•terms and conditions in this Agreement. 4. DEFAULT Any of the following shall c6ristitut6defaulit•on.the part of the Municipality: The failure, ofthe Municipality tquAp•fiinds in a manner. consistent with this Agreement and Attachment A. 6. The failure of the Municipality or its (sub)contractor(s) to use their nest efforts to. ensure the maximum collection and marketing..of recyclable materials from all residential units. 2023. SCARE Agreement c. The failure of the Municipality to provide informMion:satisfactory to the County as required in this Agreement, including information for the report.requirec{ under Section.l(d). d. The failure of the Municipality to meet any terms and conditions of this Agreement. 5. GENERAL CONDITIONS All services and .duties performed by the Municipality pursuant to this Agreement shall be performed to the satisfaction of the County and ..in accordance with all applicable federal, state, and local Laws, ordinances, rules and regulations as a condition of payment. The Municipality agrees that it will comply with all federal, State and localstatutes and ordinances relating to nondiscrimination. b. The. Municipality is an independent.cont ractor.and shall not be the employee of the: County for any purpose. The Countysha11 not be. res.pons'ible for the payment of any taxes, either federal or State,. on behalf of the Municipality;.norshall the County be. responsible for: any fringe benefits. No .Civil Service.or other rights of employment will be acquired. by virtue.of the.Municipality's services: The. Municipality and County each agree to. defend, hold. harmless anti indemnify the other party, its officials, agents, an&ernployees from any liability; loss or damage it.may.suffer as a result..of demands, claims, judgments oncosts arising out of or caused by reason .of the indemnifying party'.s performance of its respective obligations under the provisions of this Agreement. This. provis!on shall not be construed: nor operate as: a. waiver of any applicable limits of or exceptions to liability set by law. d. Under no circumstances, however, shall either party be.required to pay -on behalf of itself or the .other party, any amounts 1n excess of the limits on liability established in Minnesota Statutes. Chapter 466 applicable to any one party. The statutory limits of.liaoility for some or all of the parties. may not be added together or stacked to increase the 'maximum arhount'of liability for .any party, e. All data collected; created, received,.maintained or disserninated.for any.purpose,in the course of this Agreement is governed by the Minnesota. Government. Data Practices.Act, M1nn. Stat. Ch. 13, or any other applicable State statute, any State rules adopted. to implement the: Act and statutes, .as well as federal statutes and regulations on data privacy. f. All books, records, documents and accounting procedures and practices of the Municipality and .its (sub)contractor(s), if any, relative to this Agreement are subject to exarnination by the: County and the State Audito.r,.as.appropriate, in accordance with the provisions of Minnesota Statutes§16C.OS; Subd. 5, g. The M.unieipality.shall make all reasonabl.e.efforts.to ensure that their employees, officials. and subcontractors do not engage in violence while performing under this agreement: violence; as. defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that.hu.rt or attempt to threaten or hurt people; it is. any action involving the use of physical force, harassment, intimidation, disrespect or misuse of power and: authority, where th.e. impact.is to cause pain,. fear or injury. 2023 SCORE Agreement (' h. The Municipality will be required to pay any subcontractor within ten days of receipt of payment from the County for undisputed services provided by the subcontractor: The Munis €pality will be. required. to pay interest of Di percent.per month or an.y part of a month to the subcontractor on any undisputed amount riot paid on time.to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10,00. SCORE fu.n.ds may not be used towards interest penalty payments. For .an unpaid .balance: of less than $100.00, the Municipality shad pay the:actual penalty due to the subcontractor. A subcontractor who prevails in a civil action. to collect 1nterest.penalties. from:the Municipality must be awarded its: costs and disbursements, including attorney's fees, incurred in bringing the action. L Al equ1pment purchased using funds. provided.in this Agreement. sha.lI remain the property of the Municipality. 1. An.y amendments to this. Agreements ha.1 I be in writing and signed by both parties. 6. WASTE REDUCTION The Municipality shall comply With Minnesota Statues §115A.151 regarding recycling in local government facilities:. The Municipality and its (sub)contractor(s) shall participate in.a recycling program for at least four broad types of recyclable materials and shall favor the purchase of recycled: products in procurement processes. All reports, publications and documents produced as a result of this Agreements. hall be printed on both sides of the. paper, where. commonly accepted publishing practices .allow,. on recycled. and recyclable paper using soy -based inks, and shall be bound in a manner that does not use glue. 7. PUBLIC ENTITIES MANAGEMENT OF WASTE The Municipality.shall comply with Minnesota:Statutes .§115A.46 and §115A.47.1 when arranging for the management of mixed rnunicipaI solid waste and assure delivery of such waste. to a waste: processing facility for resource recovery. 8. Recycling.Markets Support Fund Ramsey County will reserve for.the Mu.nicipal.ity a portion of the Ramsey County Recycling Markets Support Fund (RMSF). This portion will be equal to the proportion of the county's population residing in the municipality, accord€ng to.the mostrecent population estimates posted:by the Metropolitan Council, muIt! plied.by the.totaI amou.nt.of the. RMSF. Toga in access to these funds, the Municipality must first apply to Ramsey County, in accordance with the guidelines in place at the time for distributian.of the RMSF. The Municipality will be allowed to seek reimbursement for incurred..expenses, in.accorda.nce with its: application as approved by Ramsey County. Ramsey County shall reimburse the Municipality for adequately documented requests consistent with such an approved application and the. RMSF guidelines. The Munic€pality must provide.evidence, upon request, that no RMSF monies were used to transport materials to a landfill and/or landfill recyclable matey€aIs. Ramsey County reserves the right at any time to amend the total amount of the RMSF, to amend the guidelines for.distribut ion. of the RMSF or to eIirninate the RMSF. 2023 SCORE Agreement. RAMSEY COUNTY Ryan O'Connor, County Manager Date: Approval. Recommended: Sara Hollie, Public Health Director Approved as to form and insurance: AssistanfCourity'.Attorney 2023 SCORE Agreement CITY Of GEM LAKE By Title: c/ Date:�,C�%tz— App as to %Qrm: oy Mu By J24dkS.=-- CII(Q-Tioisuree 0 Section I Building Permits and Inspections t Building Permit Fees.: Bailding.permit fees are either flat fee or based on current state Valuation costs; plus Minnesota state surcharge.. Permit fees not listed in [lie flat tee chart are based on valuation: See fce charts. below. Permit Tv a Permit Fee Comments Bu i I d i ng Plan.Check• Fee 65%of Building Permit Fee Building Plan Check. Fee. for Similar Plans 25%a of'BuiIding Perin it Fec City Engineer Fca Actual Cost Plan Clieck Fee for Dccks/Pergola I Gazebo $50,00 Street Maintenance EsctotV=New Residential Construction $800.00 Street Maintenance Escrow —?Jew. E ansion or Addition for Commercial Buildin s $5.000,00 Crosion Control Escrow— Residential Construction $1.200.00 F..rosion Control Escrow-- Commercial $5 000.00 Soil Erosion Control Ins ectioi $200,00 Land Mini rip yards or more $2,SOO.00, plus i3,000.00 escrmv for review Fite Inspections $ 100.00 Per unit Includes follow-u Grading / Exeavatin = Residential $100.00 New Residential Development Grading / Excavating $100.00 11er lot Commercial Grading / Excavating < 1 Acre $225 00 Comntercial.Gradin / Excavating- I Acre tat Acres $350.00 Commercial Grading / Excavating 2 Acres and Up 5450,00 Per Every 2 Acres Final Grading Permit (30 days before grading starts, A fatal picture of sttacfure(s) and surrounding areas.are suhnimed to Citv.Hall for review) Relocation ofDwellina $1,000.00 Ins ections outside of Normal Business Hours S100.00/hr Min Char e 2 lirs Re -inspection Fees $200.00/hr Min.Char e 1 Fir Inspections for which no Fec is.S ecificall indicated $95:00/hr Min Charge 30 Min Additional plHn review required by clean es, additions, or revisions to approved Plans $95.00/hr. Aii Charge 30 Min Investigation Fee Up to the value ofthe perinit. with a min of $95;00. State Surchar e- Fixed Fce Permit $1.00 State. Sitrchar a i,000,000.or less .0005 x Valuation Building Permit Fees Based an Valuation NIinnernln Stntutr 32611 153 Builflinv Permit Fees Total Valuation Fees — PI its Slate Surchar a Bnsed on VaInot ian $1.00 to S500.00 $29:50 $301,00 to S2,000.00 $28.00 far the first $500.00 plus S 3.70.for each additional S100.06 or fraction thereof to and including, S2.000.00 $2.001.00 to S25,000.00 S83:5.0 for the First $2;000.00 plus $16.55 for each additionaI $1,000,00 or fraction thcrcol'„toand including $25 00.00 $25,001,00 to $50,000.00 $464:15 for the. first.$25,000.00 plus $1100 for each additional $1,000.00 or fraction thereof; to and including 550,000,00 $50,001.00 to 1100,000,00 S764.15 for the first S50,000;00 plus $8.45 for each additional $1,000.00: or fraction thereof, to and hicludinq S 100,000.00 $:100,001..00 to $500,000.00 $1,186.65 for the. first 5100 000.00 plus $6.75. for each additional S 1,000.00 or fraction thereof, to and includin g $500,000.00 5500,00.1,00 to $1,000,000,00 $3.,886.65 for the first $500,000:00 plus $5,50,for.each additional $1.000.00 or fraction thereaf,.to and including $[ 000,000:00 $1,000.00.1.00 to and up. $6,636.65 for the.first S1,000,000.00 phis.$4.50 for each additional $1,000.00 or fraction thereof State Sttrcharge,Fees for Building Permits Based on Valuation M inneseta Statute 326B.148 Surclur roe Total Valuation Fees— Plus State Surcharge Based on Valuation $0.00 to S1,000.000:00 .0005 r Valuation (minimum $0.50) $1,000,001.0.0 to S2,000,000,00 $500,00 •t- .0004 of the Value between $1.000.000.00 and $2,000,000,00 S2.000,001.00 to $3,000,000.00 59.00.00 +.0003 Grthe value bettecn $2,000,000.00 and $3,000,000.00 S3,000,001.00 to $4,000.000.00 $1,200,00.r ,0002.pf the value between $3.000,000.00 and $4.000,000.00 S4,000,00LOO to $5,000,000.00 $1,400.W-1- ,0001 of the value between $4,000;000,00 and $5,000,000,00 $5,000,001.00 to I and up $1,500.00 + ,00005 of the value- that exceeds $5,000.000.00 Commercial Fiat .Fee Buildin- Permits Permlt_lv_Lw Permit Fee Last Adjusfed Comments Ciimmcreial Resurfacin :Fees: Contractor License Fee $100.00 Plan Review Fee 2%6f 0 roiect saluati(in Soil Erosion ens pe6on $200,00. If Over One Acre. NPDS permit irotn the MPCA Actual Cost DeMolition $700.00 Updated 01l0172023 rI..* co., n..ri.i:.... ks,., a. Permit Type Permit. Fee Last Adjusted. comments Basement Finish $225.00 01/01/2023 Deck 5.150.00 01/01/2023 DemoI ition — Residential S250.00 Drainlile S.125.00 Ol/01/2023 New Egress Windows) S125;00 01/01/2023 Pergola/Gazebo $125.00 OVOI12023. Replacement Doors) S.125.00 01/01/2023 Replacement Windows $125.00 0:110112023 Replacement Doors& Windomt s $125.00 01/01f2023 Re -Roof $12500 Re -Roof & Replace Doors $.125.00 0.1/01/2023 RtAoof.& Re -Siding $125.00. 01/01/2023 Re -Roof, Re-S i di ng &'Replace Doors $175.00 01/0112023 Re -Roof Rc-Sidin &. Windowls) V 75.00 01/0M023 Re -Roof Re-Sidin ; Windo"fs) & Doors) $225.0D 01/0112G23. Re -Siding $125;00 01/0.112023 Re-S i d i ng. & RepIaceDoor(s) $125..00 01/01/2023 Re-Sidin .& Replace Windows $125.00 01/01/2023 Re-Sidin i WhWowfs & Dooi(s) $175.00. 01101/2023 Solar Photovoltaic (PV) System U Ddate to the 2015 MN Bu i id i ng Perrnit Fee Schedule 01/01/2023 Swimming Pool —.Above Ground $125.00. OMI/2023 Swifilini ng. Pool — Below Ground $175.00 01/01/2023 Updated Ol/Ol/203 Electrical ftrmils Ilomeo-Aitem and .L•'lcetrical Contractors: Complete anelectrical permit -form available from theBuilding Inspections.Division. Add S1,001w.§late surcharge to the total cost ofeach permit. The fee.is the.total ofthelisted fees or the.total number of inspection trips x $50.00, whichever is greater. Residential panel replacement is $11.0.00, sub.pancl $50,00 New service of power supply is: 0. to 300 Amp $55.00 400 Amp $71.00 Add.$16.00 for. each.additional 100 Amps. Minimum Fee: Minimum permit fce.is. $50.00 plus $1.00 Stale.suncharge. This is :tor' one. inspection only: Minimum fee tiir rough -in and Real inspection is$1.00.00 pies $ I..00 State surcharge. Circuits and Feeders: 9 Io.100 Amp. $9.00 tOI to 200 Amp $15.00 Add•S6.00 for each additional 10'0 Amps milttimuln Fee: :Maxiriaim' fee for single 13mily duelling or .lo►rnhouse not over 200 Amps (No max if service is over200 Amps) isS200:00 plus $1 AO State surcharge. Maximum oft rough-in's.and 1 final inspection, (Failed inspectionsarean additional S50:00 each) Apartment linildisgs: Fee perpnit'ot 8ngpbrphator coridominiu *-complca is $90.00. This does not cover service, unit fecdcrs or house pancls. Swiinming Pools.ttndIlot Tabs; Additions, Remodels or liasernent Finishes:. Residential Accetgorgr'Strdelares: Traffic Signals: Sheet and Pit rldrig Lot Ligbls: Transformers. and Generlators: Retrofit Lighting: Sign Transforuner or Driver: Low voltage fire alarm, low voltage heating and air conditioning control wiring: Rem Inspection Fee 1n addition to all otbee'fees: Solar fees: Okvv to 5kw $90.00 10.1 kw to 2 k-w $225.00 30.lkwto40kw $375.00 $100.00 plus circuits at $9.00 each., This includes.2 inspections $100.00 flats includes up to 1.0 circuits and 2 inspections The greater of$55.00 for panel plats S9..00 per circuit of$100;00 for 2 inspections $8.00 per each standard 55.00.per each standard. $5.00 up to IOkva; $45..00 1 I kva t6.74kva, $60.00.75kva to 299kva,.over 299kva is.$165.00 $0.85 cents per fixture $9.00 per transformer $6.85 cents per device $5000 3. l kw to I Okw 4 i 56.00 20,1 ktv to 36kw S30p:00 46.1 kw and larger S375.O.O:plus,S25.00 fur. e6ch.ii0itional 1 Oka Electronic inspection feefor these items only: furnace, air conditioning, bath: fan, fireplace or receptacle I'or water heater vent is $40.00. Refunds must be requested -in writing. No: refund unless more than the miniunu.m fcc: Refund are minysthe•chies20%.handling fee.. Ti1EPER:V111T.FEE 1&DOURI:ED iFTHE'WORKiSCARTS BEFORE THE PERMITS$ ISSUED. Minimum fee permits..wcpire in 6 mombs. Perinits over the minimum fee and up to $250.00 bc. pire in 1 year; Commercial Electrical Fees: The fee is.l% or valuation. with a. minimum of$50.00 per trip plusthc.:state surcharge of.0005 x valuation Description Fee Calculation Permit Fee. Re -Inspection fee (in addition to all other fees) s50,00 Investigative f'ec.(riprking vwthout..permit) the fee is -doubled Refunds issued only for permits over:. $100 00 Solar lees.for PV System 0-5,000 watts $90.00 > 5,000 watts to 10,000 watts $ 150.00 > 10.000,Yalts to 20,000 watts $225.00 a 20,000 watts to 30,000 watts $300 00 36,000:vvaus to 40000 watts $375.00 Additionalincrements of 10,000 watts $25 (for each additional $1Ok increment) Updated 01/01/2023 Section 3 Mechanical Pcrmits Residential Nlerhanical Permit Fees, Permit Type Permit Fee Comments Addition $1:75.00 Air Conditioner (new or re laccntent) S75.00 Air Conditioner & Furnace (new or re laoement) $75.00 Boiler $75.00 Fi rep lacy—N&Gos Line $75.00 Fireplace including Gas Line $1 O0.00 Furnace new or rep lac emen1) $75:00 Garu e.Heater $125,00 Gas Line —Only $75.00 GeoThermal .S stems $75,00 New Construction $300,00 Remodel/Alteration $125.00 Ite iacement/Othee $75.00 Roof To p Units (RTU) $75.D0 SWiinmin .Pool heaters $75.00 Water Heater $75.00 Commercial Heating,. VentiInti0n and A/C. Permit Fees Fee is 2.5% of valuation with a minimum of$125.60.and a surcharge. of.00U5.x valuation Section a Plumbic Permits Residen.tial.Plumbing Permit Fees Permit Type Permit Fec Comments Addition $175.00 Back Flow Prevention Device-Annual.Testin g per Device $50,00 (administrative Fee) Back Flow Prevention )evice—New .$75:00 er device) Back.F.ioW Prevention Device —Repair $75.00 (per device). Back Flow Prevention Device— Re lacemcnt $75.00 (per device New Construction Remodel/Alteration $125.00 Water Heater $75.0D Water Softener 1.$75.00 Commercial Plumbing Permit Fees Fee is 2.M ofvWuation vith 5 minimum of$i25.00. and a surcharge of:,0005 x valuation PermitType Permlt Fee ments Back Flow PrevcntiorrDevice— Annual Testingr Device $50.OD inisliative fee) Back Flow Prevention Device —New $75,00 device) 1(* Back F1o,w Prevention Device— Repair $75.00 device) Back Flow Prevention Device- Replacement $75.00 device) �Y Updated.01/O1/2023. Section 5 Septic Permits Residential.SepticPermit Fees Permi(Type Permit Fee Comments Abandon Subsurface Sevage'freatnient S steins (SSTS). $125.00 Install New Subsurface Suva a Treatment Systems SSTS) $300.00 Repair Subsurfae o.Sewage Treatinent.S stems (SSTS) $75M Re lace Subsurface SewacaTreaunenI Systems (SSTS) $125.00 ISTS Septic Inspection (erformed anintall ). S40.00 iSTS Re -Inspection S80.00 5.ewcvChangeover.Permit from Se tic S250'00 (per system converted) Plus SAC unit Sewer Connection Permit— New:Coitstruction $250.00 Plus SAC unit Section-6 Scwcr &. Water Permits Residential Sewer & Water Permit Fees Permit Tv a Permit Fce CoinmestS City Water Permit $l0O.D0 New0atside: Sewer Line .$75.00 Now Outside Water & Sewer Line $125.00 New Outside: Water Line $75.00 Open Cut of Road tolap Main $75.00 Re irOutside Sewer Line S75:00 Repair Outside Water & SewerUno $125.00 Rep it Outside Water Line S75.00 Se%verConnecticnPermit —New03nstructicn $250.00 Sewer Tap $175.00 Sewer &.WaterTap. $225.00. Sever Rc-Inspection Fee S80.0.0 Waterl'ap S 175.00. Commercial Server & Water. Permit Fees Permit Type. Permit Fee Comments New Outside Setver Line 2:5%of valuation with a ininiinum af$125.00 New Outside Watcr & Sewer Line 2.5%of valuation with a minimum of $125;00 New Outside Water Line 2.5%of. valuation %vah a uninimum orsiJ3.00 Repair Outside Server Line 2.50/6.of valuation %vidi a minimum.of$125.00.. Repair Outside. Water & Sewer Line 2.S%.ofvaluation with a minimum of.$125..00 Re "air Outside Water Line 2.5%of valuation with a unumnuun of$125.00 Water "rap 2.5%of valuation with a uninimur-h of$125.00 Updated 01/01/2023 Section 7 Citv Server and Water Ratcs ChargeType Fcc Comments City Sctver Charges Co inmercial Sewer User C harg a $200..00/SAC unit ($50:00/ uarter) .Annual Industrial Sewer User Charge S200.00/SAC unit ($50.00/ nartee) Annual .Residential Sewer User Char a S200,00/SAC unit ($50.00/ uarter) Annual Metered Sanitary Sewer Charge .$4.08 Per 1,000. Gallons Water CIla rges WIdte Bear Lake Water To White Bear Lake $500.00 To Gem Lake W AC Char e- A gtiarter to Gem Lake plus Water CharLe S15,00 Utit it .Rotes - Villas of Gent Lake Vaduais 146hIs Witter Effective.A ril 1,2021 Water Rates --Base Charge $55.00 Volume (Usage Char c I-I3,000 IIons S8;10 15,001-25,000. galton s SI0.15 Over 25.001. Lm nuns $12.73 Utility Rates — .Villas of Gem Lake Irrigation Account Base Rate 355.00 OVO50,000 spllons S10.75 Per IX0 �atlons Water State Su.Su .. rcharge $2.43 Sewer Rates Base Rate $55.00 Volume (Usage) charge per LOOD gallons S10,00 Wilder Wake --m 6.000 gallon minimum Water inspection Char es S25.00 NOTE: Seul r use. chargesmt paid. within 30 days alter the chid date twill be.charged the folla%ring services. charges which. are. added to atnoun(due: Residential: I We of the amottnt.due in each billing period (billing period is.every three months} Commercial I Industrial: 100%per month if not paid within..one month atier.it is due. If quarters of sutver charges( If'l vear) have not been paid.lvhcn due, or if over $.100.00 of sewerharges are overdue, then a penalty eharge:of$25.60 for up to �t $250:00 in. arrears or$50.00 for amounts..greater lhan. $250,00 will be added to the. arnount due. Delinquent Utility Administrative Charge: :Any utility fees 30 days or more delinquent as nf:J my 3 i st of uch year shall be.certified rolls of the Ramsey County Auditor for pay.inentalong With the property taxes; and the City is authorized.to collect an administrative charge to perform this service. Administrative Charge: $50.00 per account Updated'f VOW023 Section a Zoning. Subdivision and Other Land Use Matters Permits i Residential Zoning Permit Fees Permit Type Permit Fee Comments Driveway $75400 Fence $75.00 Impervious Patio/ Surface $75.0.0 Limited Accessory Building <.200 s : ft. $75.00 Retainin Wall $75.00. Tank Removal $250.00 Commercial Zoning Permit Fees Permit Tv pe Permit Fet Comments Driveway/Parking Lot $150.00 Fence $150.00 Retaining Wall $.150-00 Si » Permit: Temporary Sin $50.00 per sign 60 days C 6 nri2 rcliens ivc Si nPlan S500.00 New Sign for new business $50.00 per sign New Sign for a"Norr Profit No:fee Uii new stand or exist in g.1i h I i ng or Electronic Sin $500.00 Relocation of5i n $I00.00 persi gri Replacement of Si n-Sane Business $50,00 per sign Addlikonal Zoning Permit Fees Perm it Type Perinil Fee Conintents A eals.ar Adjustments. S 100.00, plus $1,000.00 escrow for review Ms s & Photas: A crial. Photos, laminated $600.00 per Bold ]us Aa ge 2'Toppgraphical Map_$400,00—paper plus postage 2' To pographicaf Map Set— CD-ROM $400.00 plus postaft Non -Conforming Use Permit $600.00, plus S 1,000,00 escrow for review Planned Unit Development PUD 5-10 acres $4,000:00: plus $4,000.00 escrow for review 10 + acres $5,000.00. plus $5,000.00 escrow. for review Re uested Comprehensive Plan Amehdtnent $2,000M, plus $6,000.00.escrow for review Requested Conditional or Interim Use Permit $275.00 Requested Rezonin of Land/Zonin Orditiattce Arrendrnent $630.00, plus $200.00 expense.dep6sit Zoning Compliance Pcrinit S200.00, plus $1,500.00 escrow for review Requested Subdivision of Land Minor Subdivision (2-3 lots) S500.00, plus I% of market value. escrow for review Major Subdivision (4 plus Ions) $500.00 per lot created, pius IWof market talue escrow for. review —Requested Variance $500,00 7.oninc Administrator Fee $100.00/hr Minimum I Hour NOTE: All subdivision of land is subject park: dedication fee. See the Subdivision Ordinance.:(Section 54) for details Forms for.rnost ofthese matters are•availabie•on•dte City of Gem Lake tveb.poge•at www.eemlaktmn ore Cscrowaorounts for expenses are used to pay for outside consultants hired by the.City to Ifelp evaluate items:provided for a.specitic action as well as publication for public hearings and other such cspenses. Fxcess money not used will be returned to.the person who paid the escrow at the end of.the project. Expenses that cxCeed the escrow ntnount will be billed to the applicant at the end of the project. A Late Charge or$3i.00 plus 1 q permonth will be charged if payinent for services billed is not paid within 30.ekuys alter invoicing. Tbis billing will be updated every 30 days until it is paid.. Updated.0 1/0 112023 City Lice nseslPer m i is License/Permit TYN License Fee Comments Adult Use Business License $5,000.00 Annually Investigation of License S2200.00 Change of Owner/Officer $500.00 Adult Use OH iiiation Fee $2,000.00 Amusement Devices $50.OD Per Device Apartment Unit License $200.00 Plus $25.00 perunit over 10. Annually Archery Hunting Permit $100-00 Plus $500.00 Escrow Assisted Living License $200.00 Annually Business Licensc $.100.00 Annually Charitable Gambling Investigation Fee $100,00fltr Minimum I hoar Chichenll+'owl.Keeping License Up to 5 Chickens $25.00 U .to 5 Chickens • Renewal $15.00 AnnualIy Up to 25 Chickens $30.00 Up to 25 Chickens- Renewal $15.00. Annuall Contractor's License Automatic Underground Sprinkler System Installer S100.00 Ann ally Blacktoppinj & Cement (City Roads) $100.00 Annually Commercial General Construction $100.00 Annually Demolition $100.00 Annuall Excavatin g &.Grad in g $.I00.00 Annually Fence. $100.00 Annuall Mechanical $100.00 Annually Outside Sewer & Water Installation $300.00 Outside Sealer &.Water I nsta I I itti on - Renewal $150.00 Annually Sin $10D.O0 Annually Specialty Contractor $100.00 Annually TreerrricHming Removal. $100.00 Annually Doz License New $10.00 Per Do Maximurrt.of3) Renewal. $10.00 Per Do ; Annually (Maximum of3) LosURe lacetnent Tag $5.00 Dan Brous Do p, Fee $500.00 PIusIS10.00 Reg istration 1-ce, Annuall Potentially Dangerous Dog Fee Golf Cart Permit. S30.00 Annually Home Occu pation Permit $100.00: Annuall Kennet License Business Boardin g Kennel) $300.00 Annually Liquor Licenses 3.2 Mnit Lig oor On -Sale S2,000:00 Annually 3.2 Malt Liquor Sunday On -Sale $200.00% Annually 3.2 Malt Liq uor Oft=Sale $200:00 Annually 9-Month Golf Course. Liquor On -Sale $I,50UO Annuall 9-Month.GoIf Course Liquor S u n day On -Sale: $150.00. Annually Investi ation Fee. for. New On -Sale Li tior $750.00 Wine Do -Sale $1,000.00 Annually Nursin .Home License $200.00 Annually Outdoar Entertainment Fee. $5,000.00 Per event held by business with liquor license plus $5,000..00 escrow Pawnbroker License $5,000100 Annually Pawnbroker License investigation Fee $500.00lhr Minimum I flour Peddlers, Soliciturs:and Transient Merchants Annual $150.00 1-.14 Consecutive Day s $50.OD .Pigon Kee in .License $]00.00. Annuall Rental License Single Family $100.00 Evec 2 cars (Even ears) Two -Family $50,0Wunit Every 2 ears.(Ewmn ears) Stable License Personal Stable - three or Iessahimals $50..00 Annually Unlimited Stable �- four or mare animals $85.00 Annually Treeh Vegetation Pernsits When a: buildingpermit.Ms not beenissuad Per Development/Subdivision $1,500.00 Escrow for Review $3,000,00 PerBuddin Site $250.00 Escrow for RGwiew $750.00 Tobacco License $200:00 Annually utility Permit for Work in Ri lwol=W • Ch' Area. $200.0o. Per Request Ilpdated:01l01r4.W Section 10 Miscellaneous Fees Fee Type Fee Comnunts Administrative Charge S50.00 Burning Permit Refer to theCity of White Bear Lake page for Permit and fees City Sewer Availabflity Charge (SAC) $1,000.00 City WaterAvailabifit Char e(WAC . $1;500.00 Sewer Availabilit Charge (SAC) $2,485.00 As.established by the Metropolitan Council Compreheosive flan, Local N'aicr Management Plan, Water Distribution or Sewer Plan 5200.00 Per Document. Plus Poste d'. Copyinp Documents I to 100 Pa ge.1 $0.25I a e MN Statutes, $ecrion 15.03 I to 100 Pages - Double.Sided: 50,50/ a g MN Statutes. Section 13.03 Over 100 Rages Actual Cost of Data Collection & Co pies MN Statutes, Section 13,03 City Codes or. 0 rdi na nce s. As indicated on the front pat,e of said document Document Research $1.00.001hr Mittinnnit 1.5 minutes. Mailing (Postage) and Packaging of Documents and Plans $40.00 False Alarm user Fees 3-I a False Alarms S50.00/0ccurrence In one (1) calendar car Jan] - Dec 31 15 plus False Alarms $150.00/occurrence In one (1) calendar year Jan - Dec 31 Heritage H911 Rental Fees - Gem i,ake&r V 13T Residents tar e.Conference Roonv(Mon-i'Itur Evening!) Room Fee S25.001hr Minimum 2.1iours Cleanin Staliin Fee $30.00 Refunda1516 Deposit S150.00 Lar a Confluence Room (Fri=Sun Even in s) Room Fee S38.00/hr Minimum 2.bours. Clcanin Staffing Fcc $30.00 RefuodableD osit $150.00 S m a I I C0nferenceRoom (Mon-Thur Evenin ) Room Fee $15;00/hr Minimum 2 hours Cleaning/Staffing Fee: $25,00 Refundable D bposit $50.00 Large Conference Rocin (Fri -Sun Evenings) Room Fee . $20.00/hr. Minimum 2 hours Cleanin Staffin Fee. .$25.00 Refundable Deposit $50.00 Heritage Hall Rentnt Fees - Non=Residents Large Conference Room (Mon Thur Evenings) Room Fcc $50.001hr Minimum 2 hours Cl6fiing/Staffing Fee $30.00 Refundable De osiI% S150.00 Large Conference Room Fri -Sun Evenings) Room Fee $75.00/hr Miniinuiny,hours Cleaning/Stafiin Fee' $30.00 Ref mdable De osit S150.00 Small Conference Room (Mon-Thur Evenin •s) Room Fee 530.00/hr Mirturiutn 2 hours Cleanin,/StaMng Fee $25.00 Refundable Deposit $5.0.00 Large Conference.Room (Fri -Sun Evenin S Room Fcc S50.00/hr Minimum 2`hours Cleaning/StaffingCleaning/Staffing Fee $25.00 Refundable Deposit S50.00 E'ro efts lsscssmcnt`and Sear-0ics Identify Propertl PIN S%00 Per.Addmess/PIN Property Assessment Searches $50.00 Per Address/PIN If needed within 24 .hours $100.0.0 Per Address/PIN Return Che&Charges .$30.00 .Use afCity Pro 11051onal.Semlees Outside Consultants (Planner, Engineer. Attorng, c(c.) Actual :Cost to the City, Z oning Administrator S1.00.00/hr Minimum I hour Wit ite.Bea r.Townslii0 Res. for Ser►•lceii to the City of Gent Gtkc Fiat rate of$95.00 per hour 1'or.all services (Accoun(ing Clerk/Receptionist, Building Inspector, Clerk- Treasurer, Finance Analyst and Officer, Para LrgaI Secretary, Planner,.Secretary Receptionist, Public Work$. Director.atid all.public works SUM Updated 01/01P1023 �r r ;. CITY OF- GEM LAKE, R-/'tM EY CC)UNI'Y, 1.1IIiNNi?SO'rA ORDINANCE; NO. HO AN ORl}.INANC'E i,o.I'rltll!'l' .AN*i) ltli:ti,ULAT.E 'i'RE, IN Tl:tl�. ci,rY 'O le 6UNI LAKE', AMENDING ()RDINAVCE NO.6t). THE, CITY COI: Nk. *II, OF TI-TF,-CITY 4Y CsEW LAKE- -O- It-l)Af'N:S: SECTION -I. Intern and Purptisi:. It is the. purposc: and iiitmt ol'this ordina nde to..O&I.ilit the Mo lling. nwintenance and Ryhg oC clJ'taili m i:>tlre:ll ]lPgeon` as :l ['( Ld'C:iltl(lllill 1I1C11t ;II1CI hobby. Stihj&I :w rcgtli l6olls llcirinaller sel f6rlh. The keeping, hrccl ing, nitiintcliance and flying of t;ing4 mcinFg too :silunhig hmeds of pigeons. as .(elided herein: is dcorilthed not to be it mlis,irlce and 1s ]lot detrimental to the ptltl.lic lYthnre. 1l I-Lgulatccl Ira hel-CaJt(.r set IUI'tlt. It i% w11piked, Mat thy Wping, hIt'CllN& nminwilance and 11ying of su l 111awoms is .I1mv .111ilinly CIk ;k��CCI in.hy ill(;I11I ere or local. district and n.a:tionatl C1.1.'gaiiizations. and such persons li.cep. their l'{;C(lllti in mAmble lleI'illanem slructtlr(:,,� Coll'sulicted :1nd .m,1ii1tJi.I1Cd [01 41C1l lltli'Ili.)Sti, 'Lull koejl tiudi >;tI'l.lC.t,t VS ill a.l ICLIJI £tnt� �allUlal'1" Illtlllller. 1111d do not permil their piygcons to r,:main at lLlgg; % in die conmiunho in such manner as lu dis mrh their n0glWors CAI• m pl•l•`v6it thl Miff elljo menl of* property ri-lits tla tileii- nc'l;ghb.o s.... SECTION-1 Z. ;t\lCti'.l}1Il';NT. ,*p ion ?.a (rl' Ordiminec. 0 is I.o ;ltld. thr ftdllou-ing definitions-. 1'ij ceon. A. incn.lhcr of the Jamilc ,C oltlnihickie, and shall inclmk, --1 ;aci.ri,- Ili+gcclns". l inc�' Pi -cons" andSporting E'igco n,"as defined in thi-s cirdiii;kuce. Pif;em - Fancy INAc-nli. A IligeonAlhich, thre)Ugh past l�rec(iiil`.. 11:Is dCVCll)I1lcl CCrtairl Llimincilve lihysical ;arid peArming c:haracterk6c, as to he cleNy icic.iitific.cl and ac:ccplcd as such by the NaticanA Pigeon Assl)Ciation. the American Pige(w Club. or the ltare 11rcads 1%,call Club. FX;Impics; Falltaikl Potit crs. 'I�rtlmpttcr,. PigFon - L.Uft. PSI structure ('C1r the k( ccping or. homing,()I• pigc ons. Pigeon -Mature i'igeon. Jk pi,"Cc)n iaQ ;i-S nx►It# ur ukler. Pigeolll - R:lcilig, I'ihccill. A pi_g,,Coll \lhich, tllr{ltIt_?11 sdccfikl ; pasi hrCL(Ililw', lla5 A}.Apped the distinnOve phyleal and mental aharac[L lristics its to enable it to return to its llonlrr aftc.r haying Wen released a consiclembld: diiume therefrom. and which is acccpte:d .is twh by the Americaltl Racing l'ig,:oit l'liic 11. hie. or 111C Inic:i-national Fccictiition .ol` Racing Vi cc)n J altcicrs. C onlni011 rtalllc:; �Jre Racing E-Eomer. I loniing Pi.gc.on..or Carrier Pigeon. Iii„ clan Sporfitig Pigeon. A. pigtcon which. llirou_Oi ,elcefl e past breeding. has devdaped the: ability• v ny in a ditincilve mummer, such as aeri<d acrohatics or l:ndurallcv llyin�:.t. F*Xample : Rollers. Tipplers. SE.ur ION 3s ANI [ N1)i -1)," T. ie.ction ? of Ordinanco 09 1.�•.utmendcd to add the. f 011owin , s�)h-se.C•t.tC}fts� Slction 3.12 K&Ililic-. ol- Pigcms. The keeping. breeding, ritimitciu mcc ,lnd ilin-, of plUL 011r 1 ntmy he 111'1.111itt(ti �uhjcct to the I01.10 Ping. he ct}t.lstruCtecI. a lld titailltailtttl to K-Cer uIlld ctntiitte ilte pigectm: The lo('t nluSt 1)1'o\ isle Let Bast Mine ctlhic Iw ol' spacc per laird. 'Ilie Jollt +trust IV enrlo-sed mill \tirenelllno. or 0t]ulval6il nttiturlal that % ill pr6vii( pioemis 11't)ni E_.seapiitg the Cu111111 s ol,thc loft. l..afts nittst he evatod a! mininitnit of six 111ches ano.at maximunt.ctf t\\c.lve irtchc� nboVe grade to ensure lrcr=ltaE1 hencuth the lolt:. Lollsshall refit ulicilt c . t1t'rctt f.uolin.,s. C41110nt. block's ial. A loft. inav hatve a lTti!\llltltnl llt,'iE?llt c11 liillti ilCt: 3.12.2 71v loft titust lie construd&I and Indintained -to b4 rodent -proof +.l'. '[Ire ti�tcttit° ltirt< c tnstrtic:l J is;cun ltt(fis up to a startttlati�'e t-naYiitiym lltx)r arctE c�C. 200 . square rea .uy sinude loin with over. 1-10 sgtitrru I`ecl ill 11nar ,treit reiJttirea tt bit iltl.ittc I-ermit. as with'•ctther.accc•Ksury sliftw1ures. 3.12.4 I'ig011 laiis ntatr' bC lbratctl.in the rear yard only and ,hall bt; nE le4tst 501 Icul I'MM aciarcttt Iiabitahle 3trurtuc<<.,. 3.1 ,5 Pi.t.>>.cons shall he -Confined to the lo.l::t cxuirt•Nvhen [hev al'c re.lcased Ior.e\e!-cise_ pet-kwmanco. training. or to rewi-n Orom areas .outside tlic eater (if (;cm. take 1617 the I)uWpoaC 01'en.:01_'m2 in a'ruCe or ret irning.i:rom ttaining !lights. 3.12.6 :111 pigeons shall be- Ce l Wit•1Tttt the the On « Ilic it the,pigeons tu•c housed.. �.P.7 ;1i1 t-raitts ;fret fiu}tl �tc}retl li}r the ltsv•UCtltc riet)in can a licensed hieliiiss shiE11 be kept in at rcitic:hl-prcti3 f' c�1ntttill� 1'. 3.12..5 1)igizotts detest he handed ill, at wav .tt>..idelluN each pi -Coll :yi'ke t bY ili owtter, 3.1.3,9 All premises, tin which pigeons are kept. or ma hitailwJ shall be kept ra asonahly clean from iilt.h, otlrbnt e: ailed alliv stdntance, tvliicl) attract rttdk:ws. The. 101 attd its titil'r01111dinE:s must he c1cmied dzifly. 3.12..1{) tits one shall relca,,;t j}i4con, to I1y i01- c.x-erCise. trainin4u cn, Competition within t110 City of,(senl lake except an (MIXI'ttt per t:k)l-ls who is ,1 mellihcl' in tst o d ,landinL. of, 'Lill 01'Fgotllll/eil Z1. 11-1. iiti the AI11.N1'Ican Rilclll�_ Pi -con UnionT lnc.: the lliltl.'RJtI(}Ilt1l .'e.tlrllltl. of Z;fcil1i?l lacfei�. tic� Ittl`laPoAssociation. (lie .Alltericall •I•1111)I r Socicti. the 11.11�rna�ic�nu} lei}Ilex .As.-:,mation, Elie I arc I.3r4etls Piocoll lr cAub. or a. local club A•-Viitch has rules that will hop preserve (he. pcatce and trungpil t� oil' the nci ,11[lorhood. Sl".&m JN 4. A1IFNIM-1E.NT: tit:eti.cln 4 of Ordfnanix; 4i9 •i� 110reb 11no..nded to acid the floll( witim, suhl ,,Cctitllli: �cctii�il 4.2, 1'i=__neon Keepiq Lic;eti�e. No person shall own, kcep or Irlrbcir.p.igeo n4 c� iihiir the My q bam LAW "Mom tirst ublaining a lic�ms . Applicant ahail complew an application forill. prm"ided he 1110 CIO. Ife :ll phcadon A:a11 include, l Ut 110t be li:rlliWd to the. tilJltlWNg iiAnn1:Ii my a she plan :;llm ing To lc.. esion and ,ifc of, the promises. and tilt luc::ition sine 111d tyl*• of all p:i,,ct ii Icsfii, and demonstration l that said tofu will colllply with Oly .zoning requii"elltellK a statellicllt cif the mAxinium number ofpigp�o7s to he kelil mi (lie })i'c:nli:scs at mic tinici mid an z1grevillent by the ;Epj7l ii'tln.l Mill the premises. may be Ins} e(;.ted bi - lllc at all lvasollible times So as to cis lrc comphance With the*conditions -ottlined In Section 3.12. Onli{ olio license imly he itistled pel' pt'apc; rty. �l.'. 1 Duration `il..I..icensc: Re. bath 1140M kti'U.ed heremider shall expire one (1) y9ar. aIF.Ci' ltiSnallcc..miles'. sk)011c_l' A. IIcciise intht bG r(ni°l1'cd ;mlitially. to colltintle the keclling lit •pig':o ls. 111c C It\ C'cMP61 sb.11i set 111C 1-11'tllt.181 tec .101'. 1t• lieense by ordimmcc: witli tither 01i f�'.cti: Fccs shall be p dd at till tinic iif` the making M* the aplilicaticnl llor license or rc liew;..l. 4.2.2 Number of At11.1 pis, 171e mlijibCl• A pigeops permitted to be kept -under mi amprmvd .lic.amp is calcidawd by dividing die Volume of loll.s.pacc ninc (millimmil space per bird), }'lie mil\.1121um number oC 1)Iga Ili allowed to any lieetlsee, rqp dlctis o Qzlpgcit.y, iS 120 bird., from N-larcll 1 to N'Icty 31. am Q0 hircls c1111•ing. the rtr,.t gfilley-ear. 4.2. 3 Denial pr Rc:vvc:ation. 'I'hc pigeon-iccepiil;; licetl may be revoked. or i'011ett d denied. if the liccnsce fails to compl with limits oil number of piget)-tls or an\ (it* the l:iilll•Iltions pliflin4Cli ill -Section 3.12. :�E 71'10N 5. Svv� ,mbiliti . fihlluld and: u.ctiui�, titlhili� isiun. el,lusL or other pi-o�\"isioll of* this Ordiniltice he held to .he im':►Iitl in any emul of Competent jurisdiction, such dec.isican shad) not aiffcc.t the validity cif thc'.f)rtliii anc:e a, a %-diolc. of of':itlr part liereol. other dimi the parl licit}. to lv i ll,ttl:l id, LS'E0'1(M 6. Effecfiye 1?atc. `11i1* Omfinanec sl1ar11 tttE:c 4ft'ixt ;-1110 b+! in farce !rom and after its 0assa�tm mid ptiblic:zation.. Robertl'r.pen - 1� tYr — — ilJiatlil tihcitt - Clctkw ;'Sunimalry of ..0rdinaince 1 f U ajipt-OVcd• by My G'ounuii and pub%hd in the Wliitc. Beair Prcnss oil ,2i.H.l9. �ti CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA. ORDINANCE NO.126. AN ORDINANCE TO PERMIT AND REGULATE THE KEEPING OF CHICKENS. AND OTHER DOMESTIC FOWL -IN THE CITY OF GEM LAKE., AMENDING ORDINANCE NO.69: THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: SECTION 1. Intent and Purpose.. It is the purpose and intent of this ordinance to permit the keeping of chickens, ducks, turkeys, peacocks and other fowl, excluding .large .birds, subject_ to regulations hereinafter set forth. The keeping of such animals, as-defhed herein, is determined .not to; be a .nuisance and :is' -not. detrimental to. the public welfare, if regulated -as hereafter set .forth. It is recognized that the keeping of such birds is increasingly requested by citizens of the City; and -such persons desire"to keep their birds in suitable penmanent structures constructed and maintained for such purpose, .and keep such structures in a clean -and sanitary manner, and do not permit their fowl to remain at large Iri the community in such manner as to disturb their neighbors onto prevent the full enjoyment of property rightsby their neighbors, SECTION 2. AMEND.MENT.: section 3.8.1 of Ordinance 69 is amended, as follows (new text underlined,. deleted text'stnwle-thmugh): 3.8:1 Agricultural animals including, but not limited to: horses; cows; sheep;: goats; swine; drf�lt#+c�Ect�s ttihe_�cl; a+�ci-c��ier-ltwal «r-i�c�ult;-llamas; ostrich; elms and other large birds; and. other animals: not otherwise permitted by this Ordinance -which may be classified as agricultural.animals+ SECTION 3. AMENDMENT.- Section 2:3 of Ordinance 69 is amended, as follows (new text underlined, deleted text sm@k Ojipuo): :Anilinal, Agricultoral. Any c6mmon harm animafincluding Out.not limited to any horse, mule, donkey, cow, goat, sheep, pig, emu, llama, ,.nehi&ans, duelES, or any other animal typically confirted.oh a farm and the like, except for domestic fowl. Domestic Fowl: Chickens, ducks, turkeys. peacocks. and other :commonly domesticated fowl, excluding ostrich. emu..otother large birds. SECTION 4. AMENDMENT. Section 3 of Ordinance b9 is amended to add 'the following sub -sections: Section 1.13. Keeping of Domestic Fowl. The keeping of domestic fowl may be pennitted subject to the following: 3_.[3.l A structure must be constructed and maintained to keep and confine the birds. The structure must provide at least. five square feet of.floor space per bird. The structure must provide shelter from the elements for all kept birds. The structure would: be built .of suitable foundation material or built in such a way thaf it allows for air flow and` it is suitable for cleaning:. A structure for domestic fowl shall have: a minimum of four feet of interior space. from floor to.. ceiling, and may have a maximum height of nine. feet. 3.13.2 The bird. structure must..be constructed and maintained so as: q be--rodent-proof 3.13:3 The owner may cottsttuct*.bitd structures up to a cumulative maximum floor area of 200 square feet. Any single. gird structure with over 1'20 square. feet in foundation floor area requires a building permit, as with other accessory structures. 3.13.4 Bird structures .may be located in the rear yard only and shall be *at least.50 feet from-adjaEent:habitable structures. 113.5 An area outside of*the bird structure must be designated and reserved for the birds to exercise and forage outside of the bird structure. The designated area .must.provide. a -thinimum of 11 square feet per bird. -3.13.6 A]I grains and food:stored--fortho—use of the domestic fowl ore:a licensed premises shall be kept in a rodent -proof container•. 3:i3.7 All premises: on which domestic fowl are kept or. maintained shall be kept reasonably clean from filth, garbage, and any substances which isittraot rodents:. The bird - .structure and.its surroundings must be clganed daily. SECTION & AMENDMENT. Section 4 of Ordinance 69 is hereby amended to -add. the following sub=sections: Section 4.3. Domestic Fowl Keeping License. No person shall own, keep. or harbor domestic fowl within the City of Gem Lake.wiihout first obtaining a license. Applicant shall complete an &pplioation form provided by the City. The. application shall 'include, but not be limited to. the following information: a site plan showing the ideation and size of the prerrrises, and the location. size and type of all structures for housing .the birds, and demonstration that said structures will comply with City zoning requirements;*d. statement: of the maximum. number of domestic fowl to be kept on:tlie premises atone time, .by type; and an agreement by the.applicant that the premises may be inspected by the City at all reasonable. times so as. to. assure Compliance with the conditions outlined in Section 313: Only orie license may be: issued perproperty 4.3.1 Duration of License; Fee. Each license.1ssued hereunder shall expire one (1) year. after issuance unless sooner revoked. A license .must be renewed annually to continue: the. keeping of -domestic fowl. The City Council shall set the. annual fee for -a license by ordinance. with other City fees. Fees shall be paid at the €itne of the making of the application for licepse.or renewal. 4.3.2 Number of Animals. The number of domestic .fowl permitted to be kept under an approved license is calculated by dividing the area of floor space i.n approved structures by five (minimum $pace. per Bird). Exceeding the numbdr.of birds allowed by the permit may be. rounds for suspension or revocation of the permit, and denial of 'subsequent applications for renewal. In. addition to any action taken against a kerrse,..the person responsible for keeping birds in. excess of the. maximum stated may be- mferr..ed for prosecution under State laws prohibiting animal cruelty. 4.3:3 Denial or Revocatibn. The domestic. fowl keeping license. may be revoked, or renewal denied, if the licensee fails to comply with any of the conditions outlined in Section 3..13. SECTION S; Severmbility. Should any section, subdivision, clause. or other. provision of this Ordinance be heid to be invalid in airy court of coriipetent jurisdiction; such decision. shall 'not affect the validity of the Ordinance a5 a whole, or gf any part hereof, other than the pant held to be invalid. SECTION 6. Effective Date. This Ordinance shall take effect. and be in force from .and -after its passage and publication. Dated: , 201*2 Robert Uzpen — Mayor William Short - Clerk Summary of Ordinance 126 approved by City Council and published In the. White Bear Press on . 201-2. Uty of Gem-Litke, Ramsey County, Minnesota Domestic Fowl and. Pigeons Ordinanee No, 14) AMORDINANCE REPEALING AND REPLACING ORDINANCE NO. 110 & ORDINANCE NO.126, REGULATINGTHE KEEPING OF DOMESTIC FOWL AND PIGEdNS WITHIN THE CITY OF GEM LAKE The city Council of the OW617-Gait Lake.hereby ordains the Ordinance.No. 11.0 & Ordinancc No; 126 shall be repeated and replaced Willi tine following: Section 1. Purpose and Intent. The purpose and intent of tKts,lbrdinance is to protect'and promote the health,.safery and general welfare of thepeople arcian.Lake and adjacent communiticiap ►ve11•.ps the heal th and general wet fare of all animals owned, possessed or luirborcd within. the City. This Ordinance regulates the number and typo of domestic fowl and pigeons, which may be kept, and t ie miner in wltiab they shall be kepi:. Section it; interpretation, ConS.truction, Scope and Definition. 1. 'itttiErpretatibo. In the interpretation and applicatiori.of this Ordinance, its provisions slialI be held to: be minimum requirerucntswict shift not be construed: so as to Tully effect its purpose and shall :not be deemed a.iimitation or repeal of any: other power established by late or Ordinance except as specificaIiy provided .herein..n die event: that conflicting: requirements are iniposed by this Ordinance or by otl ter Ordinances of the City of Gent Lake, the more restrictive provisions shall apply. 2. Construction. Words used in the present tense include Cite past and future tense, the singular includes the. plural: and the plural ineIitdes the. singular; Tile. word "shall" is mandatory and the word `°inav" is.perniissive; The masculine gender,irtcludes the ferniinine. 3. Scope. This Ordinance shall govem and apply to all animals owned, kept, or found within the City of Luke. 4:: Definitions. I. Animal Control Officer. An agency of the.state, coturty, municipality, or other Ovdttimental subdivision of the stale which is:responsible•for animal control operalions in its jurisdiction. 2. AnimalShelter..Any.prctnises.designaied by action of the City Council 1br. Ow putt of impoundipg•Bnd caring: for all animals fouind running. at large or requiring quarantine. 3. Commercial Kennel.. Any confinement. or structure designed to .contain and house.marc.than three (3) domestic. animals of various types which is owned by a person, group of persons, corporation or other Iegal entity who own andlor barbor:said animals in the City of Gem Lake lbutitter Than personal We_ Ws type of k6ilcl relates to.a laid use matter cove ivc! by the Zoningor land Use Ordinance. It. is defined and may only be operated within the Special or.lnterim use regulations ofllte Zoitine,or L:nnd Use Ordiinance.of the.City of Gc:m fake. 4. Confinement Area. A structure.used or designed for nnse to restrict'an animal to a limited amount of space; such as 4room, pen, cage, kamel, compartment, crate, or hutch. S. Domestic F.oM: Chickens, ducks, turkeys., and other.ccimmonly domesticated fotvl_excludiing ostrich, emu, peacocks, or other large birds. 6: Exposed to Rabim Any animal dial has been. bitten by 9! othcrwise exposed to any other animal.known to he or have been infected with spies. 1. Foster Care Provider: A person who.pr6Yides care or rehabilitation for companion animals through an affiliation with a public drprivate an!nW shelter, home -based rescue; releasing ageneyj or other animal welfare organization. 8. Foster Home..A private.residenlial dwelling and its;surrounding.ggrounds; or any facility other than a public or private animal shelter; at which site through an affiliation width a public or private animal shelter, releasing agency, or other animal :wre :welfare organization,: cam orrehabilitation is provided for companion animals. 9. Great Bodily liarm. Bodily injury which :creates a high.probability.ofdeath, or which causes serious. permanent disfigurement, or whicli causes a permanent or protracted loss or impairment of ilteTunction of any bodily member or organ or other serious .bodily.harm, 10: Harborer. Aniy person,.group ofpersons, corporation, or ottier legal entity having custody ofone or more doge, cats, .or.other animals or.Kho permits oite or mdre dogs, :cats,.dr otiicr.doniestic animals to be kept or to stay on or. about the harborer's premises for period of three (:3) or more consecutive days: OrdulpmNo, 141 Domestic rov.4 and Pigeons Psgc l`of5. t 1. ;XIBU re Pigcon..:A pigeon aged.six months or older.. 12. Owner. Any person, form, corporation.. organization, or departil cat possessing;.harbcring, keeping,: haviatg an interest in, or having care, custody, or control ofa. domestic. animal.. 13. hgeon. A member of the family Colutnbidae; :and shall include" Fancy Pigeons", "Racing Pigeons", and "Sporting Pigeons' as defined in this ordinance. i : Fancy Pigeon. A pigeon which, through past breeding, has developed certain distinclive. physical and performing characteristics as lo..be.cle.•ttiy identified and acccptcd as such by the National Pigeon Association, the American Pigeon Club, or the. Rare Breeds Pigeon Club. Examples: Fantails, Pouters, Trumpeters. Racing Pigeon. A pigeon which, through selective past breeding; has developed the distinctive physical and. mental characteristics as to enable it.to return. to ifs home after having -been released a considerable. distance therefrom, and which.is accepted as such by the. American Racing Pigeon union, Ine. or:the International Federation of Racing.Pigeon fanciers. Common names are Racing Homer. Homing Pigeon, or Carrier Pigeon. 3. Sporting Pigeon, A pigeon which, through selective..past. breeding has developed llte ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying., Examples: Rollers; Tipplers. 14, Pigeon Loft. A structure for the lkcepfng or housing. of pigeons: 15, Police.Ilic policeofficers of the City or any person, thin or agency.hired or engaged by the City to:act in the capacity of police. 1j5. Pbspess; Tbo. hove custody of or have control over. 1 T Promises. Any building, structure; shelter, or land wherein or whereon domestic animals are kept or confined. 18. Proper Enclosure: "Proper enclosure" means.securely confined indoors or in a securely enclosed and locked pen or Structure suitable to prevent tiie animal from escapingand providing, protection frola the elements for the dog. A proper enciosure does not include:a porch, patio, -or any part of a house,.garage,.or.other structtire that would allow the dog to exit of its own vol ition. or any house or stricture in ivhich. windows are open or in which door or window. screens are. they only obstacles that prevent the. dog from exiting: 14. Run ring at: Laigc. An.animal found.outside the boundaries of the: property of ifs owner or Harborer when not under direct restraint. 20. Substantial BodilyHarm. Bodily injury which involves a temporary but substantial disfiguremegt, or which causes a temporary but.substantial loss or:impaitment of the function of any bodily member or.organ,ar viiich. causes a fracture'ofanybodily member. 2.1. Vicious Habits. Any animal, which has attacked.or bitten any huntairbeing.or which habitually ounclts outer animals or habitually destroys or damages property. ;Section•3. Aolutal Control I. -Running at Large. It -shall be unlawful. for any o%%Wr or: harborer of any animals to allow.said. animal to be running at large within the City.ofGem lakc and animals shall at all times be under direct restraint ofthe owner or harborer. I Chasing. it shall be unlawful for any owner or harborer to allow any animal to chase or aggressively approach pedestrians, bicycles, vehicli.-s.or odwr animals on any street, roadway, bridle -path, parkbrpaekwhy within the City. 1. Destructio.n rtf Properly, -it stroll be uWawftil'for anyowna or ha fxwof any animal to.allow said animal to. molest, deGtc. or otherwise destroy anyproperty, public or private.., within the City. 4. Conrinetnetwof Certain Animals. The owner or harborer shall confine witItin a building or secure enclosure, any fierce, dangerous, or vicious animal and shill 1.not.pertnit such. animal Out. Of Such con flnement unless and until it is securely mu7z'Icd and in control :of n.competent,person. Tile additional. requircuients and regulations of Section 7 may also apply to. such animals. 5. Animats;Crcatting NuisancesTrohibited. it shall be unlawful for any owner or harborer to keep or harbor any animal which squawks or like continuously for a period of five (5) minutes without.a thirty (30) second pause or whose gentrol conduct otherwise constitutes a. nuisance: 4rdina nceNo. 141 Domestic. Fowl tutd Pigeolts Paige rots 6. Housing and Keeping of Aninfzk. It shall W unlawfid for any owners and.harborer of animals to fail to provide and maintain suitable sliclter and care for the.animals as prescribed herein: I. Shelter. Shelter for the. keeping of animals shall include a: moisture and wind.proofstructure of suitable site and t;onstruction to: accommodatelate. animal.and appropriate bedding materials; and,. protect against cold and to. allow .and promote retention of body licat; and, protect -against moisture and dampness; and, provide shade from direct sunlight during. the months from May through September. 2. Maintenance. of Shelter. All shelters and other areas used by the animal shall be properly maintained in such a manner that the shelter and other areas do nnotposcd a sanitation Or -other ltcal.lii problem or nuisance to [lie occupants of the Premises, adjacenlproperty owners, or the community. All animal %haste shall be -properly contained and disposed of on a regular basis'and, where and whet! necessary, appropriate measures shall be'taken to insure sanitation of the areas: 3.. Care. of Animals:. All animals shall be.properly carcd.for including, brit trot limited to, regular fceding.of appropriate food for the animal and regular medical care.by a.licensed doctor of veterinary medicine. 7. Kecp!rig .of Pigeons. The keeping, breeding; maintenance and flying of pigeons may be permitted subject to the following: l . A Iolt musite constructed and maintained.to keep and confine the pigeons. The lolimust provide at least nine cubic feet of space per bird. The . loft must be enclosed with wire netting. or equivalent material that will prevent pigeoins from escaping: the confines of the loft. Lolls must be elevated a tninimum of six inches and a maxinium of twelve .inches above Ltradeto•ensure. free -way. beneath the loft, Lofts shall rest upon concrete. footings.. cement blocks, or other suitabic foundtitioit moterial. A loft may have a maximum height of nine feet: 2. The loll must be constructed acid titahilairM so as to be rodent proof. 3. The owner may.co istructpigeon lofts up to a cumulative maximum floor area of2.00 square feet. Any. single loft. with over 1.20.square reet in floor area requires a building permit; as,6vith other accessory structures. 4. Pigeon lofis.may be located in the rearyard only and shall be at Ieast 50 feet from adjacent habitable structures. S. Pigeons :sliall bezonflned to the loft accept when they are r6imsed for exercise,.perfornianee, training, or to return front areas outside the City ofGem Lake for the purpose of engaging in a. race or returning. front training flights. 6. All pigeons shalt be fed within theconfncs of thelof on the premises on which the pigeons are housed. 7. All grains and food stored for the:use of the.pigeons on.a licenised.premises shall be kept in a rodent proof container. 11.. Pigeons must be banded in a way to identify each pigeon as, kept by its owner. 9. All premises on which pigeons: are kept or maintained shall be. kept reasonably clean from filth, garbage; and any substances. which attraccrodents. The loft and its surroundings must he cleaned daily. 111,. No:one shall release pigeons to. fly for exercise, training orcompetition within the City ofGem Lakc'oxccpt an. owner ofpigeons who is a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the Nati.ortal Pigeon Association, the Anncricatn Tippler Society, the hitcrnational Roller Association, the Rare Breeds PigconClub, or a local club which has rules that will help preserve the peace. and tranquilityol'the neighborhood. 8.. Ketping.of Domestic Fowl. The kc*nlg of domestic* fowl may -be- subject to the following: I. A: structure must. be constructed and maintained to keep and confine the birds: The structure -must provide -at Icast. fivc.square: feet of noor space:peibird. The structure must provide shelter from the elements f6r.alI kept birds, The structure would be builtof suitable foundation material or built. in such a way that it.a]lows forair flow and it is suitabic for cleaning. A.structure for domestic fowl shall have. a mini munn of four R) rectof interior space from floor to oe.iiing,.and may have maximum hoigbt•of nirw(9°) feet. •2. The laird structure must bt constructed and maintained so a9 tb be rodcrt(proof.. 3: llwgwner may coostruct-bird strucu ms.up to a cumulative maximum floor area of.200 squarefeet. Any.single bird structure with over r20 square'meet iiiliJundalion floor area requires a building permit,as with other accessory structures. 4. Bird structures may be located in the rear yard only and shall be at least 50 feel from a4lacant habitable. structures. Ordinance No. 141 D.otnestic.Fowl and.l'igeons P4ge•3 ofgi' 5. An area outside. of the .bird structure must be designated.and reserved for tiie•birds to exercise and lbrage•otnsiaq of the bird structure. The designated area mast piovide:a minimtmt of 1.1 square fed pax bird. 6. All.grains. and rood s I o red for the uk ofthe don*sfic fowl on: al icensc.d. premises shall be kept fiv a roderit Proof container.. 7. All premises on which domestic fowl :are kept or maintained. shall be kept reasonably clean Rom filth, garbage, and any substances which attract rodents. The bird :structure 'and its surroundings .must. be cleaned daily. Section 4. Animal Licensing and Identification. I. Domestic Fowl / Pigeon Keeping .License. 140 person shall own, keep or harbor domestic fowl / pigeort-within .the City of Gem Lake without first obtaining.a.license. Applictunt shall complete: an application form provided by the City. Tlue.apph liat.shali. inc Eude, but not be limited to Vic foilowipg. information; I. A sife.plan showing the location and.sizc of:the premises, -and the location size and type. of all structures: for housing the birds, and demonstration that. said. stru ctu res will comply with City zoning requirements; 2. A statement of the maximum number of domestic fomd / pigeon to W kept our: the premises atone time, 'by type; and; 3. Amagreement by the applicant. that thepvcmises. may be inspected by the City at all reasonable. times: -so as to assure compliance: with the conditions outlined in Section 3.7 and3.$. 4. Only one license may be issued per property. 2. Duration of Ucense;.Fee. Each license issued hereunder shall expire one'(1)year alter Issuance unless sooner revoked: A license must`be renewed annually to continue:the keeping of domestic.fowl. The City Council shall.sd [fie annual fee for a.Iicense by. Ordinance with other City fees. Fees shall be paid at the time of the making of the application for license. renewal,. 3. iluinber'of Animals. The number of domestic. fowl permitted to. be kept under an. approved license is calm)lated by (. dividing dwarea of floor space in.approved structures by Five (5) (minimum: space per bird). Exceeding the number of birds allowed by the. permit:trrav be grounds for suspension or revocation of the permit, and denial of`subsequent applications for renewal; In addition'lo.any action taken against a license, the person responsiblefor keeping birds in excess of the maximum stated.rnav be referred for prosecution under State laws prohibiting animal cruelty, 4. Degial•grRevoeation, Tltc domestic fowl keeping license may be revoked, or renewal denied, if the 11c6tiset`aili to comply $vilh Any of.tho conditions vutlitied in Section 3.. Section & Enforcement, Rteords and Penalties: I. Enforcement. The provisions of this Ordinance shall be enforced by the.Animal Control Officerand'othcr such persons or age.ticics as may, from time to time, be appointed by the City Council: 2. Records. The City shall maintain accurate records of all licenses, impoundments, quarantines, disposition.ofanimals taken into custody, reports of all animal. attacks or bites,.and fees and fines related thereto and to make such records available. as publi6docunichts.Within.reasbnablc. times. 3. Penalties. Any .otyroer, harborer, or other person,. or the parents of.any person tinder eighteen (19) years of agc violating any provision oFthis Ordinance shalibe guilty 'ofa misdemeanor and upon.convicdon thereof shall ire punished.to the maximum extent allowed by law- 4; Other Associated Costs. Any owner, harborer, or other person, or the.parents of any person tinder eighteen (Inyears.ofage violating any pro vision of this Ordingwe shall be solely responsible.for.all.. costs associated with.enforcemenl of this Ordinance including, but not limited to,.inrpound fees, boarding, notifacation.of owners, and disposal. Scctlan•6. Ektinodoos (o ih(s Ordinance. fiospitats, clinics, and .other premises operated. by licensed veterinarians for. the care and treatment of animals arc exempt from the. provisions of this Ordinance except where such duties are expressly stated and where such facility meets the applicable zoning code. Ordinance No:.141 Domestic Fowl and Pigeons Page.# of 5 2- 'life licensing and vaccination requirements.ofthis.Ordinance shall ndt apply to anv animal belonging to a non-resident: of. the City of Gem Lakeand kept within the City for less tlian thirty (30) days;'provided ail sticb .ailiilials arc fail ly and at all times confined within a building enclosure or vehicle or are deemed to be under complete restraint of the owner. 3. Non-poisonous snakes or snakes not prohibited as wild and exotic by definition, birds kept indoors: hamsters,mice, rabbits, gcrbiis, white rats,- gumea. pigs, chinchillas, or.lizards:and similar small animals capable ofbeing kcpI in. cages Continuously are exempt and do not require a.per lit. Sectlalr 7..Aninial Owner Responsibilities. .1, . Animal Owner Responsibilities. and Liability. This Ordinance shall not.relieve.or lessen rite responsibility or liability of any person owning or harboring any -animal to persons o;.real property or any:other.iiiiury. occasioned Ilicteby. 2, Abrogotibn and Greater Restriction. It is not intended by this Ordinance to appeal, abrogate; annul, impair orinterfere with arty Statebr Federal lacy, or local ordinanee§ rules, regutations,.or permits issued pursuant. to lain; However, where this Ordinance imposes greater restrictions. the provisions ofthis Ordinance shall govern. 3. Right of Entry. All law enforcement And animal conirol offs irs may enter upon private. property where it appears (flat. there is reasonable cause. to believe that an animal is not being kept, confined,. or restrained as herein required or where Wappears that violatioil 4f this Ordinancc:may.be present and ivften aecompaaied bj' a warrant to.enter property duly issued by a judge of tire. district court. 4, Interference. No per"' strait interfere with, (tinder, or molest any agent of (lie City while engaged in the performanceof any duty related ce.lhitOrdinat=or release any animal in the custodv i,fihe.agent. Section 8. Revicw� Revocation and Appeal. License Application Review. !lie City shall. review the license application. The City.m.ay deny an applicant's license .application for any reason reasonably related to the regulation of animals within city limits, inclitdinu brit not limited lo; .protecting the health, safety,.and welfare of the public..Nrivictions for violations of.City Ordinance No.:140 or:any applicable state Statutes Within.thc.prceeding thrce.t3.) years shall be considered evidence of aaltreat to the licaldi, safety, and m1f1hre of the public. 2. Revocation. The City -may revoke licenses previously.issued upon the same grot;rtds, lfa license is denied or revoked, the City shall notifyIlk zipplicaiit in Writing, and.provi& information regarding f1ut'apolkiihi's right to appeal udder par -digraph 2 of ibis Sea -ion: 3. Appl:4 An applicant may appeal die City's determitiatibn by tiling written notice: with tile.City Administrator within ten (tb) days ofthe applicant's receipt of the City's notice. f ailure•to.ettle:a timely appeal results in a waiver of the appcal..lf the. applicanl.Gles a timely appeal; a hearing-will.beheld:before Ali impartial bearing officer as soon as practicable after the City's receipt of (lie appeal. The.niles aFevidencc do not. apply at [lie hearing and any reports .and records of the Ramsey County Animal. Contml o111cer shall be considered without further foundation: The hearing officer wil make written findings offact. The, hearing officer's decision will be personally served upon Urc owner or a person of suitable age al the residence ofsite.h otvtrcrand is the final decision ofthe::City.. Section'. 56erobilitv:..Should any.section, subdivision, clause or other provision of this Ordinance behoeld.to be invalid by any court of compeientjurisdiction, such decision. shall not affect the validity of the Ordinance as a, whole, or of any part tlwroof, other than the pail held to be invalid. Section 10. Enactment and ItiTecilve Date. 1: Existing Uses. Existing uses that are not compliant. with the Ordinance shall have 0 ne- 1) u nd r ed twenty ( 120) days to become coin pliant. unless a Special or Interim Use Permit is issued by the City Council to speci11catIY exempt the existing activity from all or portions of the: regulat ions described in.the Ordinance. A Special or Interim Use Permit application can be procured front file 'Cily. Clerk. Nothing in this paragraph vests any non -con firtning.ttse from beiiig.ccntroIIed by these regulations. 2. Enactment and Effective Date. This Ordinance. shall take effect and bc.in force from.and after its passage.wid publication, Dated. October 18, 2022' APPROVED: Grelohen Artig-Sivomicy, Mayor ATTEST: �-d CL: �GUUah.P+'tC.t?� Melissa Lawrence, Acting City Clerk Ordinance No. 141 DorneslicTowl and Pigeons. Page 5 of 5 \t:,, 6.4 Parking Regulations I. In General. It is unlawful for any person to stop, stand or parka vehicle, except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device, in any of the following places: 1) On a sidewalk; 2) In front of a public or private driveway; 3) Within an intersection; 4) Within ten (10) feet of a fire hydrant; 5) On a crosswalk; 6) Within twenty (20) feet of a crosswalk at any intersection; 7) In a sign -posted fire lane; 8) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; 9) Within fifty (50) feet of the nearest rail of a railroad crossing; 10) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; l 1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 12) On any bridge or elevated structure of a street; 13) At any place where official signs prohibit stopping; 14) In front of a mailbox during the hours of 9:00 a.m. to 4:00 p.m. Monday through Saturday. Postal carriers must be able to drive into and out of the delivery area without backing up. 2. Passenger Vehicles. No passenger vehicle shall be parked on any street within the City of Gem Lake for more than seventy-two (72) consecutive hours. 3. Winter Parking Restrictions. The parking of any motor vehicle upon any road or street in Gem Lake is prohibited between the hours of 2:00 a.m. and 6:00 a.m. from November I" through April I ' of each year. 4. Winter Parking Regulations Snowfall Restrictions. frt-aee��r►of two (2)ift4es . No motor vehicle shall be parked on any street or boulevard within the City of Gem Lake after a snowfall of one ( I ) inch or more which necessitates the plowing and removal of snow from the streets and boulevards in the Citv until such time as the plowing and snow removal is completed. No motor vehicle, trailer, or other obstruction shall be located within two (2) feet of any street or boulevard after a snowfall of one (1) inch until such time as the plowing and snow removal has been completed. 5. Enforcement. retnoved by !heC.-siorage kiciliiy. The owner f►r*erat ff the . When any Community Service Officer finds a vehicle standing or parked on any street in violation of this Ordinance, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. When any Police Officer finds a vehicle unattended and standing or parked in violation of this Ordinance, such officer is hereby authorized to provide for the removal of such vehicle and remove the same to the nearest convenient garage, outdoor area or other place of safety, and such vehicle shall not be removed therefrom Nuisance Ordinance No 86 until reasonable costs of moving and storing the same have been fully paid. In the event that any vehicle held or stored under the direction of a police officer upon which there are charges for storage or towing, or both, is not reclaimed, recovered or taken by the vehicle owner thereof, there shall be deemed to he imposed upon such vehicle a Possessory Lien in the amount so charged and unpaid, and should the owner thereof fail to pay the same, then the Possessory I ien may be foreclosed in the manner provided by law. 6. Penalty. Any person violating any of the provisions of 6.3.1 shall be guilty of a petty misdemeanor. Section 7. Weapons 1. No person in the City of Gem Lake shall have in his possession, except within his own domicile, or carry, use, or discharge any air gun, " 1313" gun, gas -operated or spring gun, or any other similar type instrument for the purpose of throwing or projecting missiles of any kind whatsoever, whether such instrument is called by any name set forth or any other name. 2. The prohibition of 7.1 above shall apply in private grounds or premises under circumstances when such instrument can be and is fired, discharged, or operated in such a manner as to endanger persons, property or wild animals or birds; and further provided that nothing herein contained shall be construed to prevent the carrying of any type gun whatsoever when unloaded and properly cased. 3. Any person wishing to discharge any instrument referred to in 7.1 for some special reason or purpose must secure a written permit from the City Council. Section 8. Curfew for Minors 1. Restrictions on Minors. It shall be unlawful for any minor under the age of sixteen (16) years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of entertainment and amusement, vacant lots, and other unsupervised places in the City of Gem Lake between the hours of ten o'clock p.m. and five o'clock a.m. the following day. It shall be unlawful for any minor who is sixteen (16) or seventeen (17) years of age to loiter, idle, wander, stroll, or play in or upon public streets, highways, roads, alleys, parks, playgrounds, public places, and public buildings, places of entertainment and amusement, vacant lots, and other unsupervised places in the City of Gem Lake between the hours of twelve o'clock midnight and five o'clock the following morning. Provided, however, that the provisions of this section do not apply to a minor accompanied by his or her guardian, or other adult person having the care and custody of the minor, to a minor who is upon an emergency errand or other legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor in said place or places is connected with and required by some legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor in said place or places is connected with a required by some legitimate business, trade, profession, or occupation in which said minor is permitted by law to be engaged. 2. Duties of Parents or Guardians. It shall be unlawful for the parent, guardian, or other adult person having charge of a minor under the age of eighteen (18) years to permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of entertainment and amusement, vacant lots, and other unsupervised places in the City of Gem Lake during the hours prohibited by this Ordinance; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor in said place is connected with and required by some legitimate business, trade, profession, or occupation in which said minor is permitted by law to be engaged. 3. Minors in Amusement Places. No person, operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor under the age of eighteen (18) years to remain in such place during the hours prohibited by this ordinance; provided, however, that the provisions of this section Nuisance Ordinance No 86 City of Woodbury Washington County, Minnesota Ordinance No. 2025 An Ordinance of -the City of Woodbury, Washington County, Minnesota Amending Chapter 11., Licenses, Permits and Miscellaneous Business Regulations by adding Article XV, Cannabinoid Products THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON'COUNTY, MINNI,$CTA. DOES ORDAIN: That Article XV, Cannabinoid Proclttcts*Js hereby added -to Chapter 11, Licenses, Permits and Miscellaneous Business regulations. Article XV; Cannabinoid Products DIVISION 1. GENERALLY Sec. The:purpose of this Section is to regulate the sale of legalized adult -use of Cannabinoid products and that meets the requirements tb:be sold�for human or animal consumptionunder Minnesota Statutes, section 151.72 for the following ieasona; (a) The City recognizes that, based on the most reliable and up-to-date scientific evidence; the rapid introduction of newly legalized adult -die THC-products, presents a significant potential threat to the public health,. safety., and welfare. of the residents of Woodbury, and.particularly to youth. (h) The City has the opportunity tobe proactive and make decisions that willmitigate this -threat and reduce exposure.of young people to the products onto the marketing of thiese products and improve.compliatire.among. cannabinoid product retailers with. laws prohibiting the sale or marketing ofcannabinoidpro ducts to minors, (e) A local regulatory system for Cannabinoid product retailers. is appropriate -to ensure that retailers comply with cannabinoid product laws and business standards of the City of Woodbury to protect the health, safety, and welfare of our youth and most vulnerable residents: (d) State law -requires cannabinoid product retailers to check the identification of purchasers to verify that they are at least 21 years gage (Minn: Stat. i5x72, subd. g(c)}; comply with certain packaging and labeling requirements to protect children. and.youth (Id., subd. 5)., and meet.certain potericyand serving size requirements.(, 4. subd.. Sa). (M State lawauthorizes the Board of Pharmacy to adopt product and testing standards in parttocurb the.illegal. sale and distribution of cannabinoid products and ensure the.safety abd-.compliance of commercially available cannabinoid products in the state of Minnesbta. (f) -State, law does not preempt the authority of a local jurisdiction to adopt and enforce local ordinances to regulate cannabinoid product businesses including, but not limited to,local zoning and land use requirementtand business license requirements. (g) A requirement for a cannabinoid product retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cannabinoid products to adults but will allow the City of Woodbury to. regulate the. operation of lawful businesses to discourage violations of state and local cannabinoid.l'rodnct related laws. In malting these findings and enacting this ordinance, it is the intent of the:Woodbury City Council to ensure responsible-cannabinoid product retailing, allowing legal sale and. access without promoting increases in use, and to discourage violations. -of cannabinoid product - related laws, especially those which prohibit or discourage the. Marketing, sale:or distrjibution.of cannabinoid products to youth under 21 years of age. Except as may otherwise be provided or clearly implied by context, all terms shall be -given. their commonly accepted. definitions. The singular shall include the plural and the plural:shall include the singular. The masculine shall. include the feminine and neuter, and vice -versa. The term "shall" means mandatory and the term "may" means permissive. The following terms. shall have the definitions given to them: cannabinoid: Any edible cannabinoid product or nonedible. cannabinoid product authorized for sale in Minnesota Statute. Cannabidiol/CBR Any non4htoxicating cannabidiol not containing tetrahydrocaiinabitibl .(THQ Cannabinoid-related cfeuices. Any equipment, products or materials.of any kind which.are. used,`intended for use, dr designed for use in repackaging, storing, smoking, vaporizing, or Containing cannabis, or for ingesting, inhaling; or otherwise introduoinpinnabis or cannabis -products into the human body. Certified hemp. Hemp plants that have been tested and found tb meet the requirements of Minnesota Statute Chapter i8K and the rules- adopted thereunder by -the state of Minnesota. Compliance checks. The :process or protocols the. ciiy uses to investigate and ensure that those authorized to sell Cannabiiioid-products are following and complying with.the requirements of law. Compliance checks shall-iidvolve the use of persons underthaage of 2! as authorized by this article. Compliance'checks shall- also mean the use of persons under the. age -of. 21 who attempt to purchase cannabinoid products:for educational research and training purposes. as authorized by state and -federal law. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state-or-loeal-laws and:regulations relating to cannabinoid products.. Delivery'sale. The sale.of and cannabinoid pr-bducts to any person for personal consumption and not for resale when the sale is conducted by any means other. than an in -person, over -the - cop nter sales transaction in a licensed retail establishment: Delivery sale,includes, but is not .limited to; the sale of any cannabinoid.products when the sale is conducted by telephone, -other voice transmission, mail, the itlt=et,.or app-based service..Delivery sale includes deliveryby licensee$ or.third_ partiesby anymeans; including curbside pick-up. Edible Cctnnabinoid product. Any product authorized for sale under Minn. Stat. i6i.72 that is intended to be eaten or consumed as a beverage by humans, contains.a cann*noid'4 combination with faod.ingredien#i and isnot :a.drug,- .Exclusive Cannabinoid/Tobacs o. store: A brick and mortar retail store which derives a majority of its revenue from tobacco, tobacco products, CBD, aiid/.or cannabinoid products and which cannot be entered at atiy time by persons younger than !2.1.years of age except as provided herein. Exclusive Liquor Store. An establishment thatmeets the definition of exclusive. liquor -store in Minnesota Statutes, section 34oA:ioi, subdivision io.. Hemp. The plant Cannabis sativa L. and any part of the plant, whether growing or not, including the. planrs.seeds ; atldall the.plant's derivatives, -extracts, cannabinoids,-isomiets, aeids, salts, and salts of isomers, tivhether-growing or riot, . vith a* delta-g tetrahydrocannabinol concentration of not m* ore than o.3 percent on a dry weight basis. industrial Hemp is not marijuana as defined in Section x5a:01, subdivision 9. Isabel. The.meaning given -in Minnesota Statute Section.xSi.oi, subdivision 18. Labeling, Ail labels and other written, printed, or graphic matter thi tare: (r): affixedto the immediate container ip which a product -regulated under this Article issold; (z) provided, in any manner, with the immediate container, including but not limited to .*outer containers; wrappers; package inserts; brochures;.or pamphlets.; or (3) provided on that portion of a manufacturer's website that islinked by a scannable barcode.or matrix barcode. .Lice, see.A tiumaii person.IiGensed under.this Article: Licensee's clerk. A persotl employed by a licensee to work at a sales or service counter or .otherwise make.sales to the licensee's customers. Marijuana. All parts of the plant of any species of the genus -Cannabis, including all agronomiceCl varieties,.whether.growing or not.; the -seeds thereof; the resin extracted from any part of such plant; -and every-coinpound, manufacture, salt, derivative; mixture, or preparation of such plant, its.seeds or-resin.0but'shall not inelude.the mature:staiks of such plant;,fiberfrom such stalks, oil or cake mad& from the seeds of such plant, any other compound, manufacture, salt; derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is.incapable of germination.. Matrix Bdreode. A code that stores data in -a two-dimensional array-c f.geoinetricilly shaped. dark and light cells capable of being read by the camera on a smartphone or other mobile device. Minor. -Any person -who has: not yet reached the age of 1 -8 years. -Moveableplace of business. Anyform.of business operated out of a truck, van,. automobile, trailer, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type. of :structure authorized for sales transactions. Nonedible Cannabinoids. Include, but are not limited to tablets, capsules,.golutions, tinctures, or other products .meant for oral. administration/ingestion; creams, lotions, ointments; salves, or other products meant for topical administration; products meant to be inhaled; smoked, vaped, sprayed into nostrils, or insufflated (sniffed); and hemp flowers and. buds: Nonintoxicating Canrrabinoid. Substances-(b&acted from certified:henip plants that do not .produce intoxicating effects when consumed by anyroitte: of administration. .Retail establishment. Any place ofbusiness.where cannabineid products-or.cannabinoid-; related devices are available for sale to the general public. The phrase shalLinclude but not limited to, -grocery stores, convenience stores, restaurants and drugstores. Sale..Anytransfer of goods for -money; tradeibarter or.other consideration. .gel service--nierchandising. Open displays:oflicensed.product in.anynianner where any pemn -shall -have access to the -licensed product without the assistance or intervention of the lieen§ee or the.licensee's:employee. Such assistance or 'intervention shall involve the actual. physical exchange of the.licensed product between the customer and thelicensee or employee: Self-service sales .are interpreted as being any sale wherse there is not an actual physical exchange of thepredut betweenthe clerk and the customer. "Self-service.. merchandising' shall not include vending machines. -`trending machine: Any mechanical; electric or electronia,*.or other type of self-service device which, upon the insertion of money, tokens or other- form of payment, dispenses the licensed product and.includes vending machines equipped.with. manual, electric or electronic locking devices: (a) This :Article -applies to the sale ofany cannabinoid product. (b) This Article dbes not apply -to the sale of any cannabidiol/CBD product as defined by this Article. (e) This Article does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to Minn. Stat. 152.22 t0152.37.. Sec. 11-813_ 1cenaa. No person shall sell or:offer to sell any cannabinoid.produets br cannabinoid-related devices without first having obtained A- icensato do so h6m the City. (a) Application. An application for a license to sell cannabinoid products. or cannabinoid- related devices shall be made on a form pxovided by the city and filed, along with all required fees, with the city clerk; The investigation fee is applied.to. the. city's costs of the background investigation of the Mail establishment and. all person or entities that Have at least a five percent-firiancial.interest in the retail.establishment. The property must be in compliance with all.applicable:laws and ordinandes. The public safety department shall:conduct the background investigation before consideration by the* city. All applications. shall thereafter be considered. and approved or denied by the city council. (i) All:applicvnts: a. Whether the applicant/owner is an individual,.corpomtiQn,-partnership, or other form Pf :organization; b. Full name,.addiess, date and place of birth, and telephone number of the applicant, all owners and operators, including the designated on -site .manager or. agent of the applicant; c. The address of the premises where the retail establishment is to be located if -proposed to have a fixed location in which the retail services are provided andif the applicant does. not own the premises;.a eopy.. of the lease agreement to occupy the premises; A.. Statement of whether all taxes and special assessments. due and owing on the premises on which the. applicant proposes topperate.the licensed business are current, and if taxes are delinquent; the years: for which the taxes on. the premises .are delinquent (this information is.requited by the applicant only if the applicant or other entity in which the applicant has an interest has the legal duty to paysaid property taxes or assessments due and owing); e. The*narne of the business if the business is to: be operatedunder a name or designation other than the name of the applicant. This shall be accompanied. by a certified copy of the certificate required by: Minn. Stats. H 333.01 and 333.02; f. Proof of general liability insurance; g. The applicant.shall produce.at time of filing application the applicant's proof of identification which maybe established only by one of the following: z.. Avaliddriver's lime or identification card issued. by Minnesota, oApther state, or a province of Canada, and including.the: phaatograph and date.of birth of the license person; .2. Avalid military identification card issued by the- United States pepartment :of Defense; 3. Avalid passportissuedby the United States; of 4. In the case of a foreignnational,:by a:valid.passport. For purposes of proofofidentification, the "applicant".shall mean the on - site manager or agent for a retail establishment filing the application and the natural person signing the application for a cannabinoid product license; h. The application shall identify the full. name, address, date and place of birth, and telephone. number of the natural person,. designated by the applicant as the cannabinoid product business's on -site manager or agent, along with the notarized written consent of such a personto: (x) take full responsibility for the conduct Afthe license is operation; and (2) serve as agent for service of notices: and other process relating to the licenses;. i. With respect to. the owner, operator, or aiay person who has a five percent financial interest in the proposed lieensed.eannabinoid product sales business and the appointed on -site manager or agent of the applicant, information as to any and all criminal convictions of any state, county, or Iocal law:or regulation; J. Proof of Workers' Compensation:Insurance as required by Minnesota la* and k. Information as to any and all criminal. conviction(s) of.anystate, county, fir local law.or regulation; - Such other information. as the city shall require. (2) Individual(§) (si7leproprietor): a. The. full name, address, date and place of birth, and telephone number of the. applicant; b. Whether the applicant and on -site manager or agent have ever used or have been known by a nameother.-ihan his or her name on the application, and if so; the name or names used and'information concerning dates. and.places were used; c. Whoher'theapplicant is a United States citizen or is legally permitted to be in the United States and providing proof#hereof; d. The�streetand city addresses At -Which the applicant and on -site -manager or agent. lived during the preceding ten years; e: Names, addresses, and date of the applicant's and on -site manager's or agent's employers for the.pireceding ten years; f. Whether the applicant and on-�site manager or agent have ever been engaged in the operation of cannabinoidand%or tobacco product.sales. If -so, -they shall..furnish information as to. the name, place, and length: of time of:the involvement in. such an. establishment; and g. $etch other.information as the city shall require. (3) Partnerships: a. The:full.name(s), address(s), date and place of birth, financial.interest of all getxeral partners and all of the information concerning each general partner that is required of applicants in provision (2) of this section;. i`.. b. The. full names(s), addresses, date and place of birth, and telephone number of the manager partner(s) and the.interestof°each managing partner. in the business; c: A copy of the partnership agreement shall be submitted.with.the application: The. license shall:be issued in the naive of the partnership; and. d.- Such other information as the city shall require. (4) Corporations andother.organizations:. a. The -name of the;corppration or business.b.rm, and if incorporated, the. state ofincorporation; b. A copy of the certificate -of incorporation: shall -be. attached to the application. If the applicot.is a foreign corporation, a certificate of authority as required by Minn.. Stats. § 3o3.o6, shall be attached; c. The name of the nianager(s), proprietor(s) or -other agents(s).in chArge -of the business and all of the.information-concerning each manager, proprietor, or agent that is required of applicants in provision (2) of this. section; d, Alist-of all persons who own or have afive percent or.moce interest in the corporation or organization or who.are-officers of said corporation or organization, together with their addresses and all the b3f6tmation regarding such persons as is required in. paragraph (2) of this section; and e. Such other information as the city shall require. (b) Action. The council may either sipprove or deny the licenso; or it may delay action -for such reasonabl.6.period.of time as necessary to .complete any investigation of the application or the applicant it deems necessary..Ii`the council shall approve the license, the city clerk shall issue the license to the applicant. If the, council denies the license,. notice of the denial shall be given. to the applicant along with notice oftthe applicant's right to appeal the council's decision. .(c). license period and renewal. Micense: issued under this chapter shall be. an annual license,. expiring on December gi of.each year. Any existing business selling eannabinoid-products within the city as. of the effective date of this article, shall file all required lieensd applications hereunder, along with the license and investigation.fees,. no.later than *September 30, 2027. A license may be annually renewed; provided the licensee complies with the renewal application process as follows: (I) The.licensee shall complete the renewal application materials provided bythe- city, W The completed renewal application materials; along with the. iipense.fee, shall be filed with:city clerkno later than.N6vemb.er:30 ofthe rene.wal.year; (3) The licensee shall provide all.information regarding business ownershiprinterest. If ownership interests have changed, an additional investigation -fee is required (d) .Licerise.and investigation fees. The license andinvestigation fees shall be determined by the City Council as set forth in Woodbury CityCode Chapter 2, Admilfistratioti, (i) All licenses. shall expire.on the last day of December in each year. Each license C shall be issued fore period of -one year, except that if a portion of the license..year has elapsed when the application is made, a license maybe issuedforthe remainder of the year fora pro rata fee. Jn.computing such fee, any unexpired fraction of a month shall be caunted as one month. tel Revoeatiatt or suspension. Any -license issued under this article may be*revoked-or suspended as provided in section 11-622 vitilatioris.and penalties; of this article. (f) Transfers. All licenses issued under this article-shall.be w�thd only on the premises for which the license was issued and only for the person(q) or entity to whom the license was issued. Any attempt at transfer to another location{ person, or entity. shall invalidate the license. It is the duty of each businesslicensee to notify theCity in writing of any change in ownership in the. -business. Any change. in the ownership *or control of the business shall be deemed.equivalent to an attempt to transfer the license, and attysuch license: shall be revoked.30days after -any such change in. ownership or control unless the: licensee has notified the: City of the change in ownership by submitting.a new license application for the new owners, and the Council has approved the -new license: Any time an additional investigation is required because ofa change in ownership -or control. of a business, the.licensee shall. pay an additional investigation fee to be determined by the City. The City may at any reasonable time examine the transfer records and minutebooks of any business -licensee to verify and 'identify the owners, and the City may examine the business r&Dfds of any other licensee to the extent necessary to disclosetbe interest which .persons..other than the licensee have in the licensed business.. The Council may. -revoki , aay license issued upon its determination that a change of ownership of.a licensee has actually -Tesulted.in.the. change of control of the licensed business so, as materially to affect t4e.integrity and character of its 4 . management and. its operation, but no such action shall be taken until after a hearing by tke: Council on.iiotice to the licensee. (h) Mouedble place of business. No license shall be issued to a moveable place of business. Only fixed locationbusinessesshall be eligible to be licensed under:thisarticle. -(i) Home btWngss..No.license shall be issued to a home business. (h) Display of license, -1.) -Thelicense of the cannabinoid product sales establishment shall be displayed in an open and conspicuous place -oil the premises and shown to law enforcement officers upon request. (2) All exclusive CannabinoidjTobacco.store establishments shall pasta notice. .prohibiting the entering ofthe store by persons under 21 years of age which notice shall be -in plain.view of the general public on thelicensed pubUe-on the licensed premises. The notice shall beat least 8112 inch by 1i inch in size. W Issuance as privilege and not.q kght.:The issuance ofa.license issued under this artieleshall be considered a privilege and not an absolute -right ofthe.applicant and shall -not entitle the holder to an automatic renewal of -the IiOnse. 0) Exclusive liquor store. Pursuant to Minnesota Statute, section 34oA.42; subd.14, no license shall be issued to an exclusive liquor.siore; (k) No license shall be granted for any business which principal budding;is within.5oo feet of any school, licensed day care center, park, or playground. (1) No license will be approved unless the premises proposed to be licensed complies with all applicable zoning requirements: (m) Refunds.. No part of the.fee paid for anyllicense issued under this Article shall be. refunded except in the following instances. upon application to the::Citywithini-3o days from the Happening of the event. Uponwritten request, a pro rata.share, based:on.the. number of months the business ceases to conduct business, of an annual license fee for a.retail license, may be refunded to the licensee. or to the licensee's estate if: (1)* Thebusiness ceases to operate.because of destruction or damage; (2) The licensee.dies; (3) Thebusiness ceases to be lawful for a reason other than a license revocation; {4} The licensee ceases too carry on the licensed: business under the license; nor (5) The busiiiesp ceases:to operate, or is unable to fully use its license to operate, .because of a declared local, state or national emergency. A-*ritten request by the licensee is not required. T>1e:following shall be grounds for denying thissuance or renewal of a license under this article; however, except as may otherwise be provided by law, the existence.of any particular ground for denial does not mean. that the city must deny the license..If a license is mistakenly issued or renewed to a person; it shall be revoked upon the discovery that the person was ineligible for the license under this section. (a) The applicant or owner(s). is under the. age of 21 years. (b) The applicant, owner(s), the -appointed -one -she manager or agent of the applicant, or any person who has at least -five percent.interest in the. proposed licensed business has a: 1.. Conviction for,. or was .charged with, but convicted of a lesser charge of a crime, .ofis under a stay of adjudication froma charge involving a violation of any carinabinoid and/or tobacco related regulation in any other jurisdiction, theft; felony drug offense, any crime of violence as defined by Minnesota Statutes; *or'any other similar crime or offense within five years of the date of application; and/or •2. Three (3) or more license violations, citations, fines, or. administrative: penalties issued by the City of Woodbury or any.. other jurisdiction within the preceding five (5) years relating to cannabinoids, tobacco, or alcohol related ordinances, laws, or regulations. fora business owned or operated bythe applicant, owners, manager, or.agent. (c) The applicant or owner(s) has:had.alleenseta.sell-�cannabinoid and/ortobacco :products suspended or revoked, *in the City of Woodbury -or -in any.other place,. within the preceding :io years of the date: of application. (d) The applicant or owners(s).f *to provide any information.required.on.the application, or provides false or misleading information. (e) The cannabinoid sales business is proposed to be operated on premises on which property taxes,.assessments, or other*financial claims by the state, county or city are due, delinquent, and unpaid, providedthe applicant or owner(s) or other entity in: which the applicant or owner(s) has an interest has. the legal duty -to. pay said taxes, assessments, or claims due and owing. (f) The. applicant.or owner(s) teas charged with a crime that if convicted would render them ineligible for.& license. under this chapter -but entered. into a. plea agreement providing for the continuance of the charge for -dismissal or other delayed disposition, In: such case the applicant shall be..disqualified. and ineligible for a license.under this: chapter until such time as the charge -is finally dismissed. (g) The applicant or owner(s) has been denied.a license under this chapter within. the preceding 12 months. (h)* The applicant is. a business that does not have an operating officer or manager who is eligible pursuant to this chapter: (i) The application is for a home business or a moveable place of business. 0). Other unforeseen circumstances or conditions exist such that-tho issuance of a license may unreasonably endanger the health,. safety, and welfare of the public. See, u-5i5. Prohibited Acts.. (a) In general. It shall be a violation of this article for any person to sell or offer to. sell any cannabinoid products or-cannabinoidrrelated devices: (1) By means. any type of*ending machine. (2) By means of self-service merchandising: (3). Prom. any form.of.movable place of business. (4) Containing controlled substapees.as.defined in.Minn. Stat. Ch. i52. (g) By. del ivery (6)* By any employee under the age -of i8. (7) To an obviously intoxicated person, (&) By any other means or to any other person, prohibited by federal, state, or other local law;: ordinance, provision, or other regulation. (b) Legal Age. No person -shall sell any cannabinoid products or cannabinoid- related devices to any person under the -age of 21 years. (i) Proof of age for purchasing -or consuming cannabinoid produeLs. or cannabinoid- related.devices may be established only by that allowed byMinnesota. Statute including but not limited to avalid driver's license or'state identification card, a talid military identification card issued by the United States Department of Defense, or by a valid passport. (2) Signage..Notice of the legal sales ,age and.age verification requirement must be posted prominentlyand in plain view at all times at.each location where licensed products are offered- for sale. The required signage, which will be provided to the licensee.by the City, must be posted -in a manner that is dearly - visible to anyone who. is or is considering making a purchase.. (c) Samples Prohibited. No person shall distribute samples. -of ariy:licensed*prbductfree of charge or at a nominal cost. The distribution. of *cannabinoid products as a free donation is prohibited. (d) Hours of Sales. No sales -of `cannabinoid-products will be allowed ai the lieensed.premises after io:oo.p.m: andbefore 8*0 a.m. daily . (e) Self=Checkout. No sales of cannabinoid products or canniabiuoid-related devices may be completed through self -checkout. Alicensee or lieensee's.elerk mustprocess each transaction at a.point of sale. S . 11-616. Storage and Display, R shall be unlawful for a licensee under this Article to allowthe-Gale of cannabinoid products or cannabinoid-related devices by any means where bya*customer may have access to such items without having to request the item from the licensee or the licensee's employee .aAd whereby there is not a physical exchange of the cannabinoidproduct or.cannabinoid- related devices between the licensee or'his'cleek :and the customer. All cannabinoid product or cannabinoid-related devices shall either be:siored:behind a -counter or other area.not freely accessible to customers, or in, a case or other.storage unit not left open and.accessible to the general public. This section.does not apply to exclusive cannabinoid/tobacco stores. Sec.11-517, eaponsibii#ty, .All licensees under this article shall be responsible. for the actions of their:ernployees-in regard to the sale; offer to sell,.andfuM- ishing.of licensedproducts on the licensed premises; and the sale of such>an item by. -an employee shall also be: considered sale by the license holder. Nothing in this section shall be-conatrued as prohibiting the city from. also subjecting the clerk to whatever penalties ate appropriate under this article, state or federal law, or other applicable law or regulation. Sec. 11-518. Pricing and Discounting. (a) Prohibition.pn the. sale of pannabinoid products for less than the listed price. No cannabinold.retaiiler shall: (i) Honpr or accept aprice reduction instrument in any transaction related to the sale of cannabinoid products to a consumer; (2) Sell or offer for sale cannabinoid productsthrough--any muiti-package discount or otherwise provide a consumer any cannabinoid products. for less than the Listed Price irx exchange forthe purchase of any other cannabinoid product;. (3) Sell; sell at a-discpunt, offer fgrsale, or otherwtse provide. any product other than eannabinoid.products in exchangefor.or.in eopsideration of the purchase of cannabinoid products; (4) Sell for a nominal price or provide free of charge any carmabinbid poduist or cannabinoid..related devices; or (5) Otherwise sell,=offer for sale, or provide:cannabinoid products for less than the Listed Price. hi addition, cannabinoid retailers must sell, offer for sale, or provide cannabinoid products for the same listed price every. day of the week in a given week. Sec. 11-519, Compliance checks and inspections. All licensed premises shall .be. open to inspection -by. the city public safety officers, or other authorized city official during regular business hours. From time to time, but.at least once per year, the city shall conduct compliance checks by engaging; with the written consent of their parents or guardiaria:for. individuals under. age 18, persons dyer the age of fifteen (1�) Years bi Mess than twenty one .(2i). years, toenter the licensed.pre pf$es to attempt to. purchase cannabinoid.products. Persons used for the purpose of compliance checks shall be supervised by -city -designated publ ic. safety officers or other authorized:city official. Persons used for compliance. cheelts shallnot be guiltyof the unlawful purchase or attempted purchase or the unlawful possession cannabinoid products when such items. are obtained as part. of the compliance check. Nothing. in the,section shall prohibit the city from conducting compliance checks in accordance with state and federal law: Se_c,_11-520.._Criminal acts. Unless otherwise. provided, the following.acts:shall be a misdemeanor. (a) Sales. It.shall be.a violation of this article for -any person to sell any cannabinoid products to.any. person- under the age of 21. (b) Possessfoiz: It shall be a violation of -this article for any person under the age of 21 to -have in hit. or her possession any cannabinoid pt-oduct. This:subdivision shall, not apply tdpersons. under the age of2t lawfully involved1 a compliance check. (c) Use. It shall be a violation of:thia.art ale for any person under age 2i to -use any cannabinoid product. (d) Procurement.. It shall be. a violation of this article for:any person.under-age 21 to purchase or sell or attempt to.purehase orsell orotherwise.obWn.any cannabinoid product and it shall be. a violation of this article for any person to purchase or sell to or.otherwise obtain such items on -behalf of a person under the age of 21. It shall further be a violation for any person to coerce or attempt to coerce a person under the age of 21. to illegally purchase or otherwise obtain or use any cannabinoid product. This subdivision shall not apply to persons under the age of 21 lawfully involved in a compliance .check. (a) Administrative procedures. Anyvi9lation of this article may he penalized by the issuance of an administrative citation and resolved in accordance with chapter 26, aiitiele III,' administrative citations and civil penalties, of the City Code. (b) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking criminal .prosecution under Minnesota Statutes. Whoever violates any provision of -this-6rticle shall be guilty of a misdemeanor. If the city elects -to seek. misdemeanor prosecution, no administrative penalty shall be imposed. (c) Continued violation. Each. violation, and everyday in which a violation occurs -or continues, shall constitute a separate offense. (a) Licensees. Any retail license.orpermit issued or approved under this chapter shall be suspended for a period -of time determined by subsection (b) or -revoked upon finding that within. one calendar year, the retail licensee is responsible for three violations which fail to comply with applicable statutes, rule or article related to the sale, possession and use of cannabinoid p ucts or cannabinoid-related devices. No suspension or revocation shall take effect untilthe licensee: or permit holder has .received proper notide and has been afforded an opportunity -for: a Bearing before the,city's selected impartial examiner. The city council n*y impose penalties provided in this Article on the retail licensee who sells cannabinoid products or cannabinoid-related devices.products as defined in this article to any persons under the age of 21 years. Nothing fathis section shall prohibit the: city from seeking an administrative penalty as provided by�resolution of the -pity council.. (b) Penaltzj terms. Ifa licenaee er an employee of ai licenaee is-found*to have -violated this article, the.licensee shall bo subject to.ati administratiire.penalty as follows: (z) Firstviolation: The cityshall impose a civil fine established in Article I Sec. 2- 3. In additiori, the city may suspend the license for a period up to 6o days. The city may agree with the licensee to waive up to ten days of suspension at a rate of two days for every eight hours of community service performed by the licensee's employee. (2) Second violation! 7'he city shall impose a civil fine. established in Article I Sec. 2M 3: In addition; the city may suspend the license for aperiod up to go days. The city may agree with'the. licensee to waive up to ten days of suspensionat a rate of two days for every eight hours of otimunity service performed by the licensee's employee: (3) Third -violation. The city shall impose a civil fine established in Article I Sec. 2-3 and suspend the license for a minimum period of 18o days, not to exceed one year. (cj other individuals. Other. individuals, otherthan persons under the age of 21 regulated by Sec. it-$20,of this article, found in: violation of this article shall be charged an administrative penalty as. provided by ordinance of the city council. Sec. 11-523. Appeal. taj Notice of action: If the city clerk or designee denies the. issuance of a license or revokes a license that has been issued, the applicant must be notified -in writing -of the decision the reasons. for the denial or -revocation and the applicant's right to appeal the denial or revocation by requesting, within .2o days of receiving notice of the denial or irevocation, a hearing before the city's selected impartial examiner. -The city's selected impartial examiner shall hear'the appeal within 20 days of the. date of the.request. The decision of the city'sselected impartial examiner cart be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari. Sec. 11-524. Severabilitx. If any section. or -provision of this ordinance -is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without tkie invalidated section or. provision: Sec.11.525. Effective Date. This ordinance shall take-e&ctfrom and after its passage and -publication as requiredby. law. Adopted by the City Council on the 31-st day of August, 2022. Anne W Burt, Mayor Attest: (SAAL3 Clinton P. Gridley, City A ministrator I UP F�T Update Stopped Dead in its Tracks Without White.3ear Lake, ridership numbers can't support federal fund ingi for the Bus: Rapid Transit Project. There have been sev- eral major developments regarding the Purple Line Bus Rapid Transit projewl since it was Featured in our summer 2022 Thinkih UtirteTola issue, Tim.David and his grassroots organization known. as the No flush Line Coalition did.not rest oil their laurels after successful ly convincing the White Bear Lake.City Council. to pass a resolution against the:Rtwh Line Bus Rapid Transit project. That resolu- tion caused the Metropolitan Council to announce that several new routes were being considered: and none ofthem would encroadmipon the city limits of White Bear. Like. 10 FALL2G22 THINX:NGS.i;'.. After the While Bear Lake Victory; David and his.crew orvoluntecrs turned their attention to the.City of ivfaplewood, focusing on how the: Purpte..Line. (renamed by the Met Council to bet- ter fit into their systern) would drastically change the Bruce Venter frail. The. Bruce Vento Trail is a popular biking mid walking trail that begins in downtown St. Paul andtravcls.through.Map lewood on abandoned railroad right-of-way. The aotTidor is currently lined with trees and prov'idim a wooded path, making visitors: forget they are in the middle. of the city. The plan for the Purple Line was to cc -locate the bus route :n the same comdor as the cli=nr trail. That would require bulldozi„ , i1Undreds.of trees Oil either side: of th r path to. make room: for two bus lakes and a rebuilt bituminous bike pa'11. The coalition organized the "Rally to Save Bruce. Vento Trnl" on July 21, 2022, at the Pbalen Park. Payilion:in St. Patti. According to Aavid,.abotit.150 people.attended, completely filling the parking :area, with some attendees walk- ing several blocks to the event. After a. brief presentation on the project, the floor wasopen to citizens in. similar fashion to fhe town meeting held in White Bear Lake in October 2021 'Vc Wanted people to understand that the project was. not.a done. den). just be- cause Vlct.Council and. Ramsey.County leaders supported it," says David. "While Bear Lake stood up and said 'no' acid Maplewood can do the same thing" The event took on: the atmosphere'of a pep .rally as people clapped and cheered the idea that citizens, not bureaucrats, can decide how their;9mmunitics can and should operate. Residents also spoke passionately about their opposi- tion to the bus line and what it would do faYlie-Brtici..Vento Trail,.%,hich many descril*d as an essential part of Maplc- wood. The coalition brought 50 "Stop. the.Rush.Line". yard. signs to.bc given out for a.$5..donatiom The signs sold otit and a waiting list was formed with additional signs on. back-order..OrganiZ- ers.were amazed at the attendance and. passion against this project.. Mi�•. -o-AMERICAN Stunning development EXPERIMENT However, the No Rush Line Coalition' may not have,to.host any more rallies, put up additional yard:sians or convince any BOARLJ moic city councils to oppose the :project. Alter the White. Bear Lake .set back the Met Council regrouped and recommend- I R F ECTO PS ed.three alternate route&.0ne travelled west into.Vadnais .Heights, ending at an already built park and. ride facility. A i W second route travelled east to serve the Chairman President students, Stall, and faculty ofCentuTy -Ron Eibensteiner John Hinderaker College. And a third alternate simply Wyncrest Capital, Inc. Treasurer ended. at the Maplewood Mall in»sit Vice Chair Molly Corrigan Cronin Scott Rile Principal. Bernstein Global Center in Maplewood. 1Nea1th Management Unfortunately for supporters: of the project, as it stands tnday, thaMetCotm- cilcannotmeetthe federal requirements for ridership needed tO.ieCCivt; funding. Edward C. Anderson Forthright Solutions Robert Kukuilan Stoel Rives LLP Thismajor .developntent vvaS.announced Elam Baer Jeremy LaBeau in an email on J.uly27, 2022,.troltl Met• North Centra[ Equity Installed Building Solutions Council stab. ".:,[W]e now know, due Asim B.aig �;• .. Richard G..Morgan .... to changes in Cost, corridor demographic CATS.Softovare Inc. Levais Brisbois and ridership.projec Lion guidance, the Michael E. Barry Kenneth W. Morris Purple Lincproject w.ould not cltrreiitly Twin City Fan Companies KnectK]: gytalify for federal funding with any of Roberti Breckner Data Sales Co. Charles HIckoloff Medical Equities Investmenfs. the three potential northern endpoints Mitchell Davis Mike O'Shaugh assy in Maplewood, Vadnais UleiWiits or at. Davis Family Dairies Element Electronics, Inc, Century College." Jerry Dettinger Rick Penn It appears that without the density of Torque Fitness, Inc. Ted. R1sdaUBarbara neigliborhoods in White Bear Lake, the Dovolis Risda11 Marketing Group project can't meet the ridership fbrinula Greg Frandsen Frandsen Companies Thomas J. Rosen ROsen'S:Diversified. Inc. necessary:to receive federal Binding. The Sharon Hawkins Ronald.Schutz entire project.is on. life Support Michael. Naydan Robins. Kaplan.LLP It's agood reminder that this project Lowell We vik Daniel J. Spiegel !r)s always been an application for federal ershI Omrii Leadership Law Offices of Daniel .1. Spiegel grant funding from the Federal Transit Carol Hockert. .. Ross. Strehlow Administralion's• New Starts program and L•enners Foundation Ben Wilmoth as such, Minnesota has been Competing. Robin Norgaard Kelleher Heidrick & Struggles with other states and cities for funding. RusselF King. Ronald.Voungdahl Corporate 4. It's apieaSanE Slirl]r1SC to leilrlt the:l'ederal Dr. Mark Kroll Nick Zerwas government has in placeguidelines to. Uhiversity. of Minnesota Make sure money isn't wasted on projects that cost.hundreds; ofmillionsofdol- lars and%niove very flew people. That the Purple Line can'I.cven meet those. basic benchmarks :speaks volumes about the ellicacy of the. project.. The lesson? Grassroots. activism works and leaders sometimes listen. —BillY 1 THINKING MiNNF.SOTA FALL 2022 11 y,Yt� CITYOF VADNAIS HEIGHTS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO, 22-12- / o A RESOLUTION WITHDRAWING.SUPPORT FOR -THE PURPLE LINE BUS RAPID TRANSIT PROJECT.MODIFICATION UNDER CONSIDERATION WITHIN THE CITY OF VADNAIS HEIGHTS WHEREAS, the ptbposed bus rapid transit.(`BRT") project, formally called the Rush Line and noW known as:the Purple Line, a Project") was transferred from Ramsey County and iis: now being managed by the Metropolitan- Council ("Met Council"); and WHEREAS, the -Metropolitan Council (atid.its Metro Transit division) is leading the design of -the Purple Line Bus Rapid Transit.Project ("Projapt"); in partnership with the Minnesota -Department of Transportation (MnDOT), Ramsey Cotinty; Saint Paul; Maplewood, Vadnais. Heights, Gem Lake, and White Bear Township ("Municipalities"); and WHEREAS., a -proposed rnodi hcation. of BRT route would: run gorth from St, Paul and terminate in downtown.City of Vadnais*HeigYits at the current park.and ride.location at County Road E and.3 SE ("BRT Route'), and WHEREAS; the.Vadnais Heights City Council supports and understands the need for mass transit in the East Metro,. the current Rapid Route number 275. schedule has been cut back as of November S, 2022; and WHEREAS, the Vadnais Heights City Council in support ofneighboring municipalities Maplewood, Gem Lake and White Bear Township, has requested an updated feasibility study. -tor determine. need based on: today's ridership numbers and as it pertains to potential future ridership based --on historic real *nurri ":,,. and WHEREAS, the Vadnais Heights. City Council v[d-ishes.to woi'k-collaboratively MnDOT, Ramsey County, Metropolitan Council., and the Municipalities to identify the best options`far transit given -declining ridcrship; necessity for route changes,. potential eminent iiomain, cost and sustainabiffity of -the Purple tine Bus Rapid -.Transit system; and "WHEREAS, the City of Vadnais Heights desires that. Ramsey County,-MriDOT, Metropolitan Coutjcif.and the other Municipalities to work collaboratively to address these issues with the Vadnais Heights City Council, to satisfactorily resolve issues that have arisen or could arise and .to establish a working framework to develop now plans that-inelude -transpatencya inelusion and conitminication with the residents and the -business community. NOW, T119REFORE, BE *IT RESOLVED by thg.City Couticil:ofthe City of Vadnais Heights, Minnesota as follows; 4. The City Council requests an-updatedteasibility.studyle-pertbrmed to determine need, cost and sustainability of'project. 2. Thd.Cit:CouriCil requests that the modification study timeline be expanded to create an engagement plan to evaluate existing and future transit options/routes that works effectively.for all. This Resolutiowwas'declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this bth day of December, 2022. Attest: j Heidi Gundersot), MayoT Kevin. Watson, City Administrator (SEAL) City pf Gem.Lake, .MN Resolution No. 2022-0033 December. 20;.2022 A.RESOLUTIOIY.AUTHORIZING THE CITY TREASURER TO DISTRIBUTE A PORTION OF THE CHARITABLE GAMBLING FUNDS TO THE WHITE BEAR CAKE AREA FOOD SHELF. WHEREAS, thetity of Gem Lake participates in the distribution.ofcharii6le gambling.funds received from the Country Lounge WHEREAS, the City of Gem Lake distributes these funds td local.501(c)(3.) tax-exempt organizations WHEREAS; the City.clf C4m Lake City CounciE suggested a donat(on at their November l.s, 2022 meeting in support of the. WhiteBear Lake-Anea 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 foe'the mwith of December 2022. The motion ror adoption Of the fbeegbing Resolution was duly introduced by Councilmember Lindner and supported by Councilmember-Ammlee, and upon vote being taken thereon; the resolution passed with a vote of Sin favor and 0 .against. ATTEST I, Melissa Lawrence, the duly qualified Acting City Clerk df the..City of Gem Lake, County. of Ramsey, State of -Iviinn.esota, do hereby certify that the. foregoing Resolutioh is a -true and accurate representation ofaeiion taken by the Gity Council of the City of Getn Lake on the date first written. December 20, 2022 Melissa Lawrence, Acting City Clerk Date Claims. Far Payment. CITY OF GEM LAKE Gretchen Artig�Swomiey, Mayor S..en Johnson, Council Jim Lindner, Council Len.Cacloppo, Council Laurel Amlee, Council Tom Kelly, Treasurer Period Ending: 12/20/2022 SignaturesApproving pproving Claims Dale ot`A provat Fund Totals $ Amount General Funs! 38,81.1.04 Parks & Playgrounds 6..66 2004 Debt Service.Fttnd o-Q0 2006 Debt Service Fund 0,06 2015 Debt Service Fund 10,02-1:25 2018 Debt Service Fund 56,426.00: Improvement Fund OAO Scheuneman Road Improvements 0:Oa Hoffman Road Improvements 0.00 Sewer. Fund :0,00 Water Fund 8;00�:58 Investment Trust Fund 6.00 Total All Funds 1681164,77 Claims.ior Payment Check Numbers 1201T.thfough 12040- I 12.20/22 at 14:41.:37.79 Page:1 City of Gem Lake Check Register - Prepaid Checks For the Period .From Dec 1. 2022'to Dec 31,. 2022 Filter Criteria: includes; Report order is by Check Number. Check# Date. Payee. Amount 1.1994 12/0122 Melissa Lawrence 1,935.13 12017 12/20122 Bond Trust Services Corporation 1,150.00 12018 12/20/22 City of Roseville 51187 12019 12/20.122 Cityof•White Bear Lake. 10;0.43.83 12020 12/20/22 Gbo Law 11567.00 12021 12/20722 CINTAS .26.19 I2OA 12/20/22 Innovative Office Solutions, LLC. 96.80 12023* 72/20/22 JAN-PRO CLEANING SYSTEMS. 225.00. 12024. 12/20/22 Kelly & Lemmons, PA 4.105.60 12025. 12120/22 Melissa Lawrence 10.81 12026 12/201..22 Metropolitan Council 8,008.58. .120V 12/20/22 Nykanen Ins pe�ctibns LCC 140:00. 12028 12/20/22 Press Publk:ations 12029 12/20/22 Premier Banks 50.10 12030 121.20/22 SEH 2,666.10 12011 12/20/22, SHI International Corp. 525:49 12032 '12/20/22 TKQA 1,3t3:t35 1-2033 12/20/22 White Bear Township j 1,239. t5' 1203.4 1212022 VOID 12035 12/20/22 V010 12035 12/20122. VOID 1:2037 12/20/22 White Bear take Emergency Food Shelf 1,500.00 12038 12/20/22 WILLOW RIVER.COMPANY 3,429.94 12639 12/20/22 Xcel.:Energy 1,274,10 1204.0 12/29122. Bond Trust Services Cwporation 120,196.25 Fatal 1.70,099.90 _� 1 t °tiS.►�j Wt_aliS�.�t'S �l.t!l.CI(-, i (Oct/1 t tp t-i .�}� r ci. rn a � s c O } Q cn .o 1() N] e aD of tea �A• h. V c ���pp M m ie N Cp rn c0 r o 0 C~D 0 0 oN o v o rn. N N •cY M .O U D O .¢t17 _ C'7 C'7 cD CO C C L M ' m to to W. SD r a• to to 7. "' cr 7' O Q C6 m m U'� N t() n (D a- CO N O O (D T O. O 0 a. O N N m N C' c'? y N N O N M V N 0 O x>N R O N J "Nto E aZ ¢ T- r O .L_ u O to .- .'� Q� V .v LL 0. oa L W. � 0:: CL m Q} f] ,, P O y LL d' '6 CL O r I C N i E a 13 n N N z 7 u G a d u d U a FLG Di c' O t) Q I! r N V' R O.00O.00O.00.00M to 0.O O �O 0 to. O OO O N 1+Lo CJ C3 st O.(V �O.6 OO U7 W IV CO CO. (N Cl LO CO CD CO OO(n r y MN r co W LIJ J r O W ¢ r U v Q Z 7: 2. W "aA Z r Q r .0 U) ZN F a. w,25o700co m U.Nm^_O wZZ Q2z C� Z• (L N. N.Z g Uit. Uti�gegsr .rg"±.a N 4' (j 2:zAl. � 0 CO O. N.Q1. wNW OZW �O).r.Y#seaRIR�.v Ix of m O C4 o W W �jm WU 4 � WLU 0ZOZ.Oz� x x m V 3 0.. 3 in 0 ui J n ax• w uJ > uJ � Lu:w m aQ $ Qa¢..� ..g. g g� .2 m W m MIX ate .. •Z8 0:2(_s��2L)2 %. N=.M: o ��� O Q Q. W O CY 0) uiia LU O�-� Jp� j9:59-5 }.QQ 0) ¢'Q¢ W Wy wIt LLU.= f-.O W O Wa MZ=t. DC3.Qfz)0Da7_) JD'C7.0� U..U.M �UU2 IDF 39.F CU V)C. C.0 Q� F'.._ mQFaLalaLLJ(LWCLLLJa. S . v cN: u co r N ON t`• •r' CDNo O Yam^. fD N N S N o' a co o O c•- N C t 0 L1J U .0 f�A J � d N N b� L. y .V d47 '.O 9 v7 Q) U 9 Q Z G7 A n C y y O U V Qy� �' .0 y p) 4)) G Q' ?� (0 ?. .N m C ?i .:Z (6. a N A (6 �, (6 .2 7+ LIJ' m �; (O,I .- U V U Q) p c0. mppoa to, 7pj88a m Ea m �a Q7 . m' jai m a Co.m 4a Q)LL z m a a y 'v � O O •- m yunu) m o m pate. UJ 0 J) ) C y7 :N !n (/J ' . VJ a .4. C C 7 7 y± V..c 1p E—.12 N`,m• LUU)Z 00 U Q¢ Q Q (Q� 4 •O L8 2 C C '.a CV) �UUQ aC�U V NQ N¢. O (V.7 c�¢. N u 3¢ U a< O .V .(U `Q' S a V ¢ 7 O •y O •N O 2 E m.aiLL0 02j.u:�j0 0 CO M •p� Cl) C) m O) O M8.88p� p O O O NNpp�QOO8.8 Y'7 M M M co C.) lv7 C. MMMMM'Mt7MMC?N 0000 0 oo.do 00 6. d, o 'o.'o 0 o66.p vo.00 SQuB'S r8 .$ o 0 O.Sgvg��•'g Qp1 p O 40 C) C) W W OI. 0I S fV vQ.ONO GOP V^O. O C%j T" T-- r�rO �rr.N dN �N �N qN CN dN N R��V IN qN ddoa oopp' dd od a� p o a1g a �4p0mCDn d S$ O O O O S O 0 0 O o P Q O.O 88 S O .O 9 O O O.O O O O.O O W W.r-r (D .W r-f}-e.•.(..N N .N N N .N N N N N vm n a i4 o LD Cl o o O) N N O 0 LO I� M C7 M co [D t0 O V l 000 00004Q00.0oc)p a00c%inoOOMNOO cn L0 0 0 .a) -r OOO. O.00000OOO.OGO Od00,NOLOLQ(Vu)OO N N O G U') coo 0.0 :a 0 0 0 0 trio o.ci o .= iri ni i� V (ri o o: (a (o 0 0 (6 u6 17.14 co co M 07 CO 6].v o0't w -t (D W.0 N y�y� 00 CO-M N.R7 � :IT IT U7 M N co N N V .-- (fl � r n (D N N 0 N N C7 C`') W c0 to r c O 6) O ti Q Q Z LU w ca'`v z °�° z us w O zQ O). w r r z r - m � O 1 CD 00 0 Wa hm}gy oa o LU LLI zzaF- wN zz y z.z N w r� co 0) -to C4coD i �0wUJ� '_ �[aA�dr Z ww.U. Zpwwv OC."z. �HQM�N>Q�V a �QN �G..rT- O 2M ON�� N wr W' <u3 , x '.3. F----'tCJ'-F-�H�.}-aw.VuizY. be �%j aW.VI(�� �xo oWz�z�zQocZXZWZ Wu.>_aof �� ���- <" g �wc n p.0-'�OwOwOw�Owpru.ptuwmC9C7wZ3 N 3ma�m�m�m�(r�mgc»�m�p Zzo�xH. O 3 N aQ0-..U�0-14.w0o m ogQ. 'a i�>g�Nwoo�Qvr000 0 o¢zS� 00) cn . uw �._ z (n0 0 z 0 0 w C �2 1z�.o�a�a�u,�aic�o��S��d'Zu�iw� Woaa b Wo¢¢ 4 Z? Ww Jo-fni-aWdWRWlLdWELLu W Q.mmQ.F-F-ZJIL� OROON C7{OC oC'n xa ow # rn `d N u o n mcl,67 (O CO rn N. > 1_. )_ N M [M7 tt VM' c O h !fi N @ U 's ._ N N V U. N. yj 'A O .O N (o, N N N m vi a� m a 01 Z Z ai c. r O in. aQi Y) gum yEw �VJw awo �v07 � cam c�� an�.co x ooa X O.Q- °�a �� a+ C C. .-. C C c C C O 7 — 7 .-.. �.. H) LJ M r-• 7) w s- N N c u 6 (0 2'i cn u ca (az u � � m�i ro�� rn0,� f°u?� u u � � �. � t5 � 3 1.10 = m= m— c c c c O v �i 9:2. v 9 a) @ d a) d S .� c c.. � � b � � � 2.R7R. ta. x V !O =O y 4 N O'•N o•y o o •`� o .N o .��'. 3 C c .o..o $¢ Q.ii m N Q$ C :c ¢ c.. u2 U�c��c�200c 020200mmiELL000U�. a G.0a 0. UtUQ t_Ol wa i caw M co CDrn0d C)M p� N pp O. pp O 0 0 O 0 0 0 O O O CD co C).— N N.0 0.0 O O. O C'�}c�7. c•7c7 (*) M M Cl) co M M M M N N.c7 M M c7.(V .N M M MM M 000 0000000000000.00.--00000do 0 0o 0 trio vo�ocovvGcov0000000oovd•0 o 88: 8S:9 IV8 io 7. .�❑] O 6) 61 Q5. Q7 C76)O rn6'76>m 67 01 Q) 6) V' VIM µ7 O)TQ)a) N W v- rTt iV O_YN v vq �� cri�vv'Tggv-cyy I- j �T�r 'T o�N• o.o .-.o 0 CO1 r�^N. 7N a!N U. 000 0'�00� 0 � o O 0000000000� 0�[70 C, C) 00 �� O�Q• :� �V.$ �GO QS O O G O. G p O 0 0 G 0 0 0-- 0 0 0 0 0 0 0 0 0 0 O.O CCCC ����-r rrrrr— — —rr �rr— —r•r.--r—r-•. r•-.-. M M���-• .<'7 :�'9�r r� N N N r) Ln N N e c N N G N r cn Lq S S C O m' O. M • O Opp O .O to CU trD •Il'1 IC7; •lll' to (may r� to n O O O �[7 1^C� 1f -to LO (O ^ U') cli 0 0 a u) 0 0 0 0 c0 cn co co nr r Qi n to to a Dto lu) tV N O .0 r. r� r- t- C) co .0 o tnto o: uy � c oO. a to. C4 V. r�r Iz 0 0 r M z b zc W C (n. S 2 .0 LU LL > 0. L U r Z� V `O C7 . .LU H cW Z LLJ p a¢ 4 m of �. `-- p: > Wd:J Q Eu Z Z OZZ to .� rn Z W W Q' Z N W W Ir z U a t? W m '" m e O �� `-' O 22.0 W W a W>W M oY o � F..w_N-E-•. � M toU,T_ m inX� N W E u 4r'���_ d�»U�C4�.� �, C�'}.y, ' ° UUWi� d �� J�Np�p n JU1�p0 w UJa �QJm 3 W� c �fWWt Wt`o J OZPO � OWSS-a �dZazf UAW .0 .W Ww '��.c a..LL� W.m 2a �zv w N zEEcoW ZZ(OU) z— gz- NNN .> WW A��@ Cr & +UWdd o Wad¢ o -1 _j 0 u r�. dX'Z o0aa.� W c W C}'UY M. 0- 000ism U'toOOM Wzx LUzzX fnX a-Co-N.NN:U ❑7 N N. N. N N N < Q co N to 7 N N m M t!7 ti tb tM+ n N LLU w to M I­t� CD .� M if7 Q1 R C[] N [A' to LD O) to CO W O. inO .Y W 131 v' Lo i` Go co: co In 0 0 p t. N U U. 0 47 a1 d N M IR N N QS 0.. C CD N. 0 .0 M .0.. L) -. LL A C N 0 d LL vs LL .0 rn o to l0 c v o` ce m co. �. to m a 3 .m �c m to =a � �?0. � caQ- �• S.� to �a •a. �d a m asd o.o_ N � 0 bl :C�J M•� �". y (n �. Vy V1' t7> y t7' .w.: J: •� U1 .y-. C .w Z C Q t. •'C Q C ow C .0 .d p C J C W C N Q7:m C C .G ? �. p� 14.E S..T.. {p .� Z p7 :`:W Z. -C U) O 7 (/i a � a �.Q. C7] 8 Ol.Vi. U. to U7:.J U y U U y C7 U U `t,,� .sA m Q7 U E.I. QI cQ� Q .ffi CD' Q U d' � U m (U U 1 U N .`s � 3 � V. iIJ< J� JQ � v(� LL UUQ wo< WC�WQ U)< 0 Q It tL <: 0< 0 0 S S Q 1[y N S S .O N 0.0 O .0 0 O N r r N 0 0 C-JT� O N O Op O Q. P_ LL��JJ 0 0 0 _r N O OOQ red+ INN O Q CCC777�r+ M .OD cp 4a N 0� .+++a- r•M r 'Op 0, O . .N .4 N' S 0 0 0 r rrr N pp CVO .O 'd• CV Q.O r r n 07 "�f .O ON N a O .N 0 0N 0N OpN Q P O N N 0 V v N O O S O •O .,bpOG .,CV (fppVV :0 0 :. m t a (� C I I O W 3 W O tp E i (a N U � t C i co co CDO r 8 co to M.0. .APO, i p 0 [p v O p oG h i f a40 N N: L) J J LU Ell co w CQ�C7 Z. O 1i.1 LU 0.0 V7 N LL1 c LLI U] N N p, 4 O. J U 4 O C. mow- NN m W to LU Z. fn N; [mil l� m mmJ lQ M LL a LuUm W C m W G7 .0 : W �g a.Z d y��.G Q ,m !L.. 0 .0 = Q Q.. : > y� a.: E .LL C a to.0 � ? m. o.1. =Y. m D z❑: uiu_a zz wa 0 CIA o N t N ti O n m W m a. �i 2 m O c ? z 47 N N n q)-D O C L a Q72 Ei a a aa. fhy:N wp U q Ql O7 4 U q © G�p�l o m•z OU¢¢ O. o � r b 0 O N M � . 'N O O O Q O;O co O O O. OO 0 C. O vv77N Cl 06ii CV Oit7 N NN ON Q cQi� v N f v M N c� 00 O O.oq ocs 00 a.CD 00 o00 00 00 N N �Y N N = N I CITY OF GEM: CAKE CASH AND INVESTMENT BALANCE STATEMENT As: of l 0012022. Fiscal Year: 2022 Cash and Investments Balance Balance: Name of .Fund 11/112022 Receipts Di§bursements 11/30/2022 General Fund $236,01.4.87 $237,854.0o $47,069.26 $426;799.61 Farks and Playgrounds. $59,049.53. $0.00 V,895.75 $50,153.713- 2004.`Debt Service. Fund $6.00 $0.00 '$0.00 $0.00 2006 Debt$ervice.Fund $0.60 $0.00 $0.00 $0.00 2007. Capital Imprixv$meitt Bonds $100,051.17 $0.00 $3.75.00. $99,676.17 2018 Inprovement Bonds $68,668.45 $0.00 $375.06 S68.,MA5 lniprovenent Fund $3.46,934.87 $0,00. $0.00 $3.46,934:87 City Man Construction $0.00 $0.00 $0.00 $0.00 &heuneman Road lmprovemetns $0.00. MOO $0.00 $0.00. Hoffman Road Improvements: $0.00 $0.00 $0.00 $0.00 Sewer.F.nterprisc Fund $504,207,28: $23,524.07 $23,9.98.96 -$5034732.39 Water Enterprise Fund "($99,572.16) $9,909.06 $7,348.29 ($97,011.39) Investment Trust Fund S603.59 $629.3I $0.00 $1,23U.0 $1,2:15,957.60 $271,9t.5,44 $82,062.26 $1;405,810.79 Premier .Checking Premier CD's UBS Investments UBS Money Market Gambling. Fund Balance. $806,252,,$S $0.90 :��92;000.00 $1557.93' $ I,4Q5,$10.78 BALANCA STATEMENT OF GAMBLING FUNDS lk lal ce I3Alance I1/112022 Receipts Disbursemcnts 1113 012022 $8,086.61. $0.00 $2,000,00 $6,086461 NOVEMBER�CAS11 & INVESTMC-NTS: MATURE. PURCIA INT. R AS 01' ACCRUED Ir1TEREST ,. DATE DATE BANKFBROkER TYPE_ _ NAME CusipfF _ Y_[ELU RATE _DAYS_ 1_1/302022 INTERZST 041E ' _ PREMIER BANK .CHK GENERAL%FUND 6005590 0,05% .0.05% 30 $806,252.65 S33.59 MoM1i[y UBS. MMKT UBS BANK USA DEP 12B.69EN93 0.05% .0.05% 30 $7,557.93 $0.31 Monthly 4130124 400119 UBS CO C OMEN17Y CAP BANK '20033AU95 2,75% 2,75% 1626 S717,000.00 S1,603.75 MomMy .2112125 212M OBS ' & TEXAS EXCHANGE BANK B024'ITKD3 0.501A 0.50°S 1461 $245,000.00 $1.225.00 lAwIh!y 4F14125. 4F1 M UBS Co GOLDMAN SACHS . 38149M464 2.55"n 2,65?5 1097 $05,000.00 $2,252.50 Mon" 811129 1115120 U4S. BOND NY CITY TRANVTIONAL AUTI1 REV 64971XLN4 2.02:6 3 73% 2822 .S 145 000 00 65.40B 50 2118011 1.34% 1.62% 1,211 $1.405.010.78 $10,520.65 GityofGem Lake OL}NCRALFUND Budgeled.Stntem.ent.of Revenues and Expenditures For the Eleven Months Cndutg November 30, 2622 clirrmlith Civr mIgh Q M L11 YTQ VTD Boded laS1tt41 Vnrimtce %CamNek id et Arlual Wriwice % Cot )WIC1c REVLNIJES Property Taxes Current Property Taxes 3 38.350.t7 $ •213,681*00 (175,336.83) 557.20" & 40,202.00 $•450,303.29 9.89831 97,85 Dchnq PropertyTaxes 0;00 0.00 0.0Q 0.00 b:00 226.12 (226.22) 0.00 FiscalDisparityTaxes 993.83. 0:00 893:83 0.00 10,726.00 6;190;01 4535,39 57.72 Licenses and Permits General Business Licenses 16&67 0.00 166.67 0,00 2,006,00 2,550:00 (550.00) 127.50 On -Sale Liquor License 333.33 0.00 333.33 0.00 4;000,00 4,030,00 (50.00) 101.25 Outer Penn its 100.00 0,00 100.00 0.00 1;200.00 2,355 00 (1,I55,00) 19615. Tobncco License 0.00. 0.06 0.00 0.06 0.00 200:00. (200.00) 0.00 Charilable Gambling License 41,67. 1.339.92 (1;298.15) 3;213.57 500.00 1;339,82 (939.82) 267.96 Contractor License 116.67 200.00 (83.33) 171.43 1,400.00 j;800.00.. (400.00) 128.57 Building Varnits 666.67 125.00 541.67 18.75 8,0.00.00 12,572,40 (4,572,40) I57.16 l'hmtbing Permits: 83:33 6.00 83.39 .0.00 1,000.00 890.00 :1.1.0.00 89,00 Mechanical Permits 150,00 237.50 (87.50) 158.33' 1,800.00 2,244.90 (444.90) 124,72 Electrical Pertains 66.67 (1.126) 77.37 (16.80) 800.00 527.60 272.40 65.95 NPDES Pennit 2.33: 0.00 9.33 0.00 100.00 0,00 100,00 0.00 Building Plan Review 0.60 0.00 0.06 0.00 0.00 1,023.28 (1,023.28) 0.00 Fire Marshall inspection 708.31 0.00 208:33' 0.00. 2,5.00.00 10,00 2,490.00 0.40 Septic Inspection Fee •I66.67 990,00 (923.33) 594.00 21000.00 .4,910.00 (2,810.00) .240.50 State Permit Charge 4.11 9:75 (5.58) 234.00 50.00 147.81 (97.81) 295:62 ScwerContractor License 4.17 0.00 4:i7 0.00 50.00 0.00 50.00 0.00 Rental Licensing 33,33 0.00 33.33 0.00 .400,00 500.00. (i,00.00) 125.00 Dog. Licenses 12.50 20.00 ("0) 160.00 150.00 445.00 (295.00) 296.67 I.n.tctgovcr it ni e n tbl .Revel ues County Grants&Aids 0.00 0.00 0.60 0.00 0.60 11.94 (i1,94$ •0.00 SCORE Rocycling Grant 83.33 0.00 83.33 .0.00 •1,000,00 0.00 1,O00A0 0100. cabld. fv rmgchise.rces 500.00 0.00 500.00 .0.00 6;000.04 9,809,70: (3,809.70)' 1¢3.50 CARES FUNDS '0.00: 0.00 0.00 0.00 0:00 27,320.56' (27;320.56). •0.00 SMALL CITIES ATD 583:33 0.00 583.33 0.00- 7,000.00 0.00 7,000.00. 6.00 Charges forScrvlecs PIanningrees 16.67 .0.00 16.67 0.00 200.00 1,275.00 (1,075;00) 637.50 l�lAn:Rcvic�v 250.00 0.00 250.00. 0.00 3.000.00 %00 3.000.00 0.00 False Alarms 0.00 0.00 0.00 0:00 0.00 150.00 (150:00) 0.00 Zoning:Charges 0.00 0.00 0.00 0.00 0.00 100,00 (100.00) `0.00 htvestinent Adn!iit Charge 16.67 0.00 16.67 0.00 200,00 361.07 (161.07) 190.54 Credit Card ReUates 0,00. 22.6E (12,66) 0.00 0,00 333:90 (33190) 0.00 rhte5 anti Forfeits Fincs 41.6.7 25.00 16.67 60.00 500.00 924,90: (424.00) 19440. Miscellancous Interest Eamings 4I15.67 0.00 416.67 0.00 5,000,00 2,025,62 2,974.38 40.51 Miscellaneous 41.67 0.00 .41.67 0.00 500.00 3.98 496.02 040 Facility Rental 250.00 1,71239 (1,462.39) 684696 3,000,00 7,119.77 (4,1707) 239.29 Total Revenues 43.606.50. 218,357.92 (174.751A2) 500.75 5236279.00 541.680.47. (18,402A7) 103.52 EXPENDITURES City Council Wages and Salaries 625.00 0.00 625,00 .0.00' 7,500.00 5.537.70 1.962.30 73:84 i tnploypr Paid Payroll Tivces 47.83 0.00 47.83 0.00 574,00 413.10. .160.00 71 97 Workers Compensation 0.00 0.00 0,00 0..00 0.00 840.0 (84,00) 0.00. Adntinstratiott 20.83 0.00 20:83 0.00 25000 0.00 250.00 0.00 Conibrence Registralitnts 20.83 0.00 20,83. 0.00 250.00 285,00 (35.00) 114.06 Catncil Contingency 666.67 0.00 666,67 0.00• 8,000,00 1,508.00 6,492:00 18.85 Llectibns Operating Supplies 12.50 0,00 12.50 0.00 150.00 0.00. 150.00 0:00 12I7 5r2022 at a:49 AM City orGein Lnke GENERALFUND Budgeted StatementpfRevenumaitd Expenditures For the Eleven Months Ending November 3o, 2m 't rrNinth Ll11i,bd 1]i! sum moth. 3Cf b: Budeet Acutnl Vuriaticc 34 Colmnlete awall ctul Vnriance. %Com c c Contracted Services 666.67 O;UO 666.67 0.00 8,000.00. 4,664.00 3,336.00 S8.30 Legal Notices 1'2:50 0.0.0 12.50 0.00 150.00 0:00 150.00 0100 Repairs L Mainl - Contractual 2003 0.00 208.33 0.00 2;500:00 1,400.42 1,099.58 56.92 Financial Adminislrntion Auditing Services 958.33 0.00 958.33 0.00 11,500.00 8,000.00 31500.00 01,57 Financial Services. 2;583.33 21772.00 (188.67) 107:30 31,000.00 24.953.13 6,04617 80.30 Credit Card Fees 0.00 93.13 (93,13) 0.06 0.00 1,077.26 (11077.2G). 0.00 Computer Services 166.67 0:00 166.67 0.00 4000.00 .1;856.99 1461 92,85 Legal Services Prosecauion 18133 .135.00 48.33 13.64 2,200:00 .901.60 .1.1209.60 40.95 t,egnl 3,7500 3,979150 (229.50) 10:12 45.000.00 15.100.01 (100701) 100.22 Legal - Land Issucs 291:67 O;w .291.67 0.00 3.500.00 0.00 3,5000) 0.00 Clerh/Gehernl Government Wag4andSal At.ies 2,383:33 3,700.23. (1,316:90). 1S5.25 28,600,00 .46.75.9.92 (18.159.92) 163.50 Workers. Corn pens at ion 0.00 0.00. 0,00 0;00 0.00 1.96.00 (196.00) 0.00. Ent ployer.PaidPayroII Takes 192.33 336.03 (153.70) 194.29 `2,188.00 1.191.49 1,006.52 54.60 1'W Contributions 178.7.5 .329.44 (150.69) 184.30 2,145.00 3;455.78 (1,310.79) 161..1.1 Health Insurance 1,500,60 .642:30 807.70. 44AS 18,000.00 2;423,05 15;576.95 13A6 Workers Compensation 41;67 0.00 41.67 0.00 500.00 258.00 242.00 51.60 01111ceSupplies 166.61 (Z,727.(0) 2,894.27 (1,636.56) 2,OU6,00 4,692.53 (2,682.53) 2M.13 Postage 120.93 'O.00 120.83 0.06 1,450:00. 0.00 1,450.00. 0.00 Professionaal Services 83,33 0.00 83.33 0.00 1,000;00 2,782.00 (1,782.00) 278.20 Administmliou 33,33 0,00. `33:33 0.00 400m. 0,00 400.00 0,00. Miscellaneous 16A7 OW16:67 0.00 ?00.06 3,006.16 (2,806.IG) 1,503.08 Conference Registrations 125.00 0.00 125.00 0.00 1,500.00 235.00 1,265,00 15:67. Web Site 100.00 700.00 (600.1)0) 700.00 1,200.00 1..)94,99 5.01 9y.58 Mileage 12.50 9,8S. 2.62 79,04 .150.00 235:54 (85.54} 15.7.63 Recording Secretary 0.00 511,87 (511.87) ON 0.00 5,871.07 (5,871.07) 0.00 Computei 5crvices 416.67 0.00 416.07 0.00 5,000.00 0.00 5.000.00 b;00• Legal Notice Publication. 66;67 47.67' 19.00 71-51 800.00 587.45 212.55 73:43' Newsletter(Public Relations 183.33 327.00' (14167) 178.36 2.200.00 1,770.00 430:00 80.45 Gencrol.Linbility Insurance 208,33 0.00 209.33 0.00 2,500.00 1;726.00 174.00 69.04 Property.Insttrance 0:00 0.00 0.00 0.00 0:00. 485.00 (485,00) 0.00 Vehicle insurance 9.33 0.00 8.33 0.00 100.00 99.75 1.25 9$.75 Pulilic.Offrcinls I:iablitliy 12.50 0.00 12.50 OAK) 150,66 124:00 26.00 92.67 RecycliugColiewon 706.67 192.82 573,95 25.15 9,200.00. 0.946.42 21253.58 75.50 Ieagnts-0fI41N:Gitios 83.33 0.00 83.3.3 0.00 1,000,0.0 1.553.00 (553.00) 155.30 R,q.Im 29,17 0:00 29:17 0.00 350.00 0.00 350.00 6.60 Subsetiptions 4.17 U.QO 4,17 0.00 50.00 mito (249.86) 599.60 Planning And Zgnina Professional Schices 4.11 5,000.00 (405,83) 120,000.00 50,00 5;004,00 (4,950.60) 10,060-00 Engineering 1,666.67 2.070.41 :(403.701) I;K23 20,000.00 26.474.61 (6,474.61) 132.37 Administration 291.67 0,00 291s67 00 3,500.00 0.00 3.500,00 0.00 Zoning Admiriistratiorr 166:67 11117.60 :(950.93) 670.56 2,000.60 7,329.89 (5,328.89) 166.44 NMES Administration 500.00: 4.00 500.00 0,00: 6,000.00 0.00 6.900.00 0.00 IIcrirage 111111 Operating Supplies 25.00. 0.00 25.00 Om 300.00 69.20 230.90 23.07 Professional Services 250.00 0.00 25.6.00 0.00 31600.00 a00 3,000.00. .0.0.0 Contract Services 666.67 251.19 45.48 37.t58 8,0O6.OQ 11,52.9.24 MS29.24) 144.1.2: Telephone 150.00 0.00 156.60 0.00 1,800.00 0.00 1,800:U0 0.00 Property Insurance 125.00 0.00 125.00 0,00 1,500.00 1.269.50 23.0.50 SCOT ElewicScrvitx 395.93 0.00. 395.83 000 4.750.00. 11,360.60 399.40. 91.80. Gas Service 125:00 0,00 125.60 0:00 It5W.0U 1;562,27 (6127) 104,15. Water/Seweruiilitics 100,00 0.00 100,00 0.00 I;200.00 665.90 534.10 55.49 Repairs & Maint- Contractual 208.33. .0.00 208:33. 0.0.0 3,500:00 170.00 2.130.00. .14.80 Repaiis &.Maint - Building 666,67 0.00 666.67 O:OO 8,000.00 1,993:72 6,006.28 24.92 Repairs & Maint-.CARES Funds 0,00 0.00 0.00 0.00 0.00 190.00 (190.00) 0.00 police Regular i'�m.Eairorceancnt 7,600:00 7M8-83 1.17 99.98. 01i20d.gq •83,587,13 7,612.87 .91.0: nispaitclt Costs 291:67 .0.00 291.67 0.00 3,500:00 0:00 3,500.00 b,00 Administration 25.00: ..60 2.5.00 0,00 `300.00 0.00. 300.00 0.00 12l1SCMa 8:49'MA City of G.em Lake CMNERAL FUNb Budgeted Statement of Rr:vehues nrtd 2xpcndilur6s. For the EIeven. Manths Ending Novembcr30; 2022 Curr Math cutfIVIntli 06TIVIllill2022 YTD YTD 13kidpc Actual Variang s44i10L1e D110aa IV0.1 Variance %Complete Fire Fire Services 11891.75 1,882:75 0:00 TOM 22,593.00 20,710;25 1,982.75 01.61 Fire Marshall Service 562.50 562.25 OZ. 99.96 6,750.00 6.rs4.75 56.5.25 91.63 Arilmil Contrul Animal Removal 33.33 .0.60 33.33 0.00 400.00 0,00 400:00 0.00 Annie.) Ctirorccmetit 1.6.67 0.00 16,67 0100 200.00 81.16 118.84 40.58 Building Ailisci•tion WAGES.& SALARIES 1,041.67 0.00 1,041.01 0,00 12,5.00.00 0.00 12,500.00. 0,00 FICA CONTRIBUTIONS 79,58 0.00 29.58 0:00 955.00 0.00 955.60 0.00 PERA CONTRIBUTIONS 7g,17 0.00 78.17 0.00 038.00 0:00 93s,60 0.00 WORKERS COMPENSATION 15.42 0.00 15.44 O:QO I85;00 0.00 .185.00 0.00 BuildingInspeclions 1,166.6.7 0.00 1,166.i7 0,00 14.000.00 2.,612;40 11,397.60 18.66 Building Secrelory 209.33 142.50 65.83 .68.46 2,560.00 1 183,65 11016.35 59.35 Conipiitcr Services 0.00 0.00 0.00 0.00 0;00 2,520.00 (2,520,00) 0.00 QMce Equip &Furnishings 333.3.3 0.00 333.33 0.00 4,000.0.0 0.00 4,0.00.00 0.00 Road Maintenance Signs; 8igti Rcpair Mtiterials 41.67 0.00. 41.61 ' 0.00 500.00 0,00' 500.00 0.00 Engineering 333.33 0.00 333.33 0.00 4,000.00 0.00 4.009.00 0100 Engineering O,OU. 0.00 6.00 .0.00 0.66 .3,4.22,87 (3.422.87) 0.00 Street Lights 83.33 77.3.3 6.00 92.80 .1,000.00 856.72 143.29 85.07 Row Maiatcnrutce 66.67 0.00 0.67 0.00 800:o0 0.00 .800.00 0.00 Sucet Repairs 1,250.00 0,00 1,250.00 0.00 15,000,00 3,165.31 11.814.69 21.10 13ivd Tree Trimming i 250 00 0,00 1,250,00 0.00 15,000.00 0.00. 1:5,000.00 0.00 1hteS ' St3bscript0ns 8,33 0.60 8.33 OZ 160.00 6.00 100.00 0.00 Ice and Snow Removal Salt and Snnd 1,250.00 0.00 1.;250;00 0,00 15;000.00 5.597.75 %402,25 37.3.2 Rcpoirs & Rlaiitt- COMMOUaI 20833 0,00 208.33 0,tio 2;50o.00 6.00 2,500.00 0,00 Siunv Plowing I,416.67 0.00 1.,416.67 0109 17,W0.00 7.031,50 %068.50 41.36 Park Ma In tCJrn It et ?ARK MAINTENANCE -CONTRACTUAL 41.6.6.7 0.09 416,67 0.00 5,000.00 0.00: 5,000:00 0.60 Other Fhranting t,kes Opewing Tmnsren OUT 1.666.67 0,00 1'."6.67 0.00 20,000.00. 20,000.00 6.00 100.00 Tolal Expenditures 43,606,50 29 802.13 13;804.35 68,34 _ 523,279.00 399;720.57 123,557.43 76.39 Excess RevOver (Under).fxp $ 0.00 4 189,555.77 (i88;555.77} 0,00 $ 0.00 S I4I,959,90. (141,959:901 0,00 12. ?ll&2022 aM49 MA City of Gem lake PARKS AND PLAYGROUNDS FUND Budgeted Statcmenl orRevenucs nttd Upenditures For the Eleven Months Ending November 30.2022 Ci rr Mn CLITft11 Carr Math 0 VTb Y'TO IItt, elect j gj riance /o Complete Bud at A,cta Vnrinuo Rt;VF.�li1IsS Park Deditatinh Lees S 0:00 $ 0,00 0.00 0.00 S 0:00 $ 15;000.00 (15,600.00) 0.00 Intemst Eernings 33.33 0.00 (33,33) 0.00 400.00 446.54 (I6.54) t I UA 'total Revenues 33.33 0.00 (33,33) 0.00 400.00 15.446.54 (1.5,040.54) %961.64 EXPENDITURES. Other Improvements 4X0 2.895.75 2,479 . 094.08 5,000.00 2.893.75 2;104.25 57.92 rota) Exlwnditurds 416.67 2.895.75 1,479.08 694.08 5;000.00 2.W.75 1104.25 57.92 F�ccss Rev Over (Under) Exp (S. 383.33) {5 2,895.75) (2,512.42) 755.41 (3 4,600.00) $ 12,550.79 (.17,154.79] (272.84) t2lisrio22 at 8:62 AM City of Grin Lake 2007 DEBT SERVICE FUND pudgeted Sjalcmcw:ofRevcnva and Exponditures: For the Eleven montlis Ending November 30;.3022 Corr Will Curr Molbt Mnth 2022 IT U Y'rl) CttfJP.Ct. Actual Vnrinnce IK Coi t etc Ian 1ct is Varian a 1Kt mn�te Itrvc;vur•.s Current Pro pegTaxes S 6,438.92 S .0.00 (6,43.8.92) 0.00. $ 77267.00 S 39,951 04 37.315.96 5.1.7I Delingtip nt Property Taxes 0.00 0.00 0.00 0.00 0.00 41.61 (41.61) 6.00 Fiscnl Disparities .184.17 0,00 (184.17). 0.00 2,210.00 1,045.36 1.164.64 47,50 1tlteTesl E.lrnings 41.67 0.00 (41,67) 0.00 500.00 645.80 (145.80) 129.16 T0111 Revenues 6.664.75 0.00 (6,66,05) 0.00 79,977.06 41,683,81 38293.19 52.12 EXPENDITURES Principal 5,4I.6.67 0.06 (5;416.61). 0.06 65,000:00 65,000.00 0.00 166:00 lnlaresl 946.67 0.00 (046.67) 0.00 11.360.00 11,358.75 .1.25 5t999 Fiscal Agcni Pees 166.67 375.00 26.8.33 225.00 2,000.00 37:5:00. f,625.00 •1$,75 'rota)Expenditures 6.530.00. 315.00 (6,15S.66) 5.744 78,366.00 16,733,15 1,62625 97:92 Cxeen-Rev Ov"Ir (lh3der) Cxp $ 134.75 {$ 375.00) (509.75) (278.29) _$ 1,617.00 ($ 35049:94). 36,666,64 (2,16 39) 1211512022 al a.55 AM City of Gem Lake 2018 DEBTSSRVICE.FUhlD 13tidgetcd.Stpit: ineit( aMove mies and. Expenditures. Cortite Eleven Mouths Fit ding Novembe.r30, 2022 curr-mnth GurrMn i CuriMial' 2022 _YTD YTI) Actual. Variation LComplete Budge( A_gWj neq M6 Cornplete REVLNVES Current Property Taxes. S .625.83 $ 0.00 (625.83) 0100 S 7.51 MO $ 3.903.00 3,607,00 51,97 Delinquent Property Taxes 0,00 0.00 0.00 0.00 0:00 4,07. (4.07) 0.00 Fiscal Disparities 24.58. 0.60 (24;58) 9.00 295,b0 102:13 1.92.87 34.62 CIIfrC11t Special A.ssessmeDts 5.016.67 0.00 .(5,016:67). .0.W 60.200.00 2S,3.16.79 3.1,883.11 47.04 Interest Earnings 4.17 0.00 (4.17) 0.00 50.00 451.80. (401.80) 903.60 Total Revenues. 5,671.25 0.00 5,671.25 0.00 63.055.00. 32.777.79. 35;277.21 48.1.E EXPENDITURES Principal 3,333:33 0.00 (3,133.33). 0.00 4..0,000.00. 40,000.00 0.00 100.00 pond Interest 1,G91.,67 Oi00 (17691.67) 0.06 20;300.00 20;300.00 0.00 100.00 Cis61.Ageat Fees 100.00 375.00 275.00 375.90 1,200.00 375.60, tt25m 31.25 'total Expenditures 5:125 00 375:00 4,75.0.00) 7.32 61.500.00 60,675,00 825.00 98.06 Fxcess..Rev Over(lhlder) Exp $ 546.25 ($ 375.00) (921.25) {68.65) S 6,555.00 (S 27,897 ?1) 34,452.21 (423:59) v 12113f M a19 57 AM City orGern Lake IMPROVFAENT:FUNI}. 13udgeted.Statc.mcm aIRevenues:atsd Expendir,ures For fhe r leven Months Lnding Novelbba..30. 2022. CurrM11111 Curr MnthCurt M titl 2022. YTD YTQ. 13WW AcUrW Variance %Complete. Budeet Actual Variance °/u Complete. RF,VENUF.S Current Special Assessments $ 3,166.67 S 0.60 (3,166.67) 0,06:4 38,000.06 $ 19.,205.03 18,794.97 50.54 Delinq Special Assessments 0.60 0.00 0.00 0,00 0.00 67.71 (67.71) 0.00 Penalties M111crest 0.00 .0.00 0.00 0:00 8.70: (8.70) P.M. Interest Earnings 166,67 0.00 (166.:67) .0.00.. 0,00 2,000:00 3;023.22 (1,023.22 111.I6, Transfers from Qthet Funds 1,06.67 0.00 (1,666.67). 12.00 20,000.00 20.OW.00 6.00 100460 Total Revenues 5.000.00. 0.00 �5,(OQ00)_ 0.00 .60,000.00 42.304.66 17.695.34 70.51 E'xnftrr[iRES i ngtnecrin8 833:33 0.00 (833.33) 0.00 10,000:00 0.00. lo,000,00 0.00. Conslnlclitit► 8,333.33 6.00 (8,333.33) 0.00. 100000.00 10!i,344.99 (4,3,I4,99) 104.34 Total Expenditures 9,166.67 0.00 9166.67 0.60. 110,000.b0 104.3409 5,655.01 94.86 Excess. Rev Over (Lhtder)Exp (8 4,166.67) S 0.00 U66.67 0,00a($50M0.00) ($62,040.33) 12,040.33 124.08 121151202`2 a18:59 AM REV Local SAC Metro:SAC Residential Sewer Revenues Commercial Sewer Revetwes Svhver Charges - De inqucnl Sc6veri.ate Charges Interest Carnings Total Revenues EXPFNDITURES 00-1ce supplies Postage Auditing Services Cnginecring NICCS. Charges Locales Financial Services Computer Services Water/Sewer Utilities Repairs & Maint - Contracttinl DepreciMoh Sewer Inspeetions Sewer Telev.isclf hushing Total Eatpendilurgs Excess Rev Over (Under) Exp City.o(GoIn Lake Slid r,l1 ENTERPRISE FUND Budgeted Statement of Rcvrmws and iapenditures .fur the Eleven Months Ending November 30, 202? Cur , nl . Curr R1nth C6rr Wilt 2022 YTD. YTD. 13tudret dual Variance 51. Come Rsgel: LctI Variance °%.C:ampl�tG. $ 8333 S 0:00 (83.33) 0,00 S. 1,000.60 $ 4,000.06 (3,000.00) 460,00 0:00 090 0.00 0.00 0.00 99,40 (99.40) 0.00 2,500.00 0.00 (2;500.00) 0,00 30,000.00 18,751.83 11,248.17 6.2.51 2,666:67 0.06 . (2,666.67) 0.06 32,000.00 24,300.00 7,700.00 75.94 166.67 0.00 (166.67) 0,00 2,000.00 0:00 1,000.00 0,00 100,00 0.00 (i'OQ,00) 0.00. 1,200.00 1,362.50 (162.50) 113.54 166,67 0:60 (1.66.69) 0.00 2.000.00 4.143,87 (2,143.87) 207.19 5.683.33 0.00 (5,643.331 0.00 68, 200.00 52,657.60 1S 5A42.40 77.21 1.6.67 0.00 06.07) 0.00 200.00 .0,00 ?-W.00 0:00 20.83 0,UO (20.83) Q.00 250.00 0.06 250.00 0.00 208.33 0,00 (208.33) 0.00 2.500.00 2,500.00 0.00 100.00 41.6.67 Q.q0 (41667) 0.00 5,000.00 0100 5,000.60 6.00 .3.550.00 3.548,93 (1.07). 99;97 42,600.00 36,212.11 6.387.80 95.00 66.67 0:00 (66.67) 0.00 800,00. 1 G6;10 633.90 20.76 93.33 0,00 (8333) 0,ad 1,000.00 0.00 1.000.00 6,00 41.67 0.00 (41,61) 0,00 500:00 0.00 500.00 0,00 1•.6KQ0 631.91 (368.09) 63.19 12,000,00 3,09.1.18 8,908.92 25.7G 41G'.67 0.06 (4(6:67) 0.00 5;000.00 d.0 5.(100.00 0_0i0 1.,373.00 0.00 (1,3.75.00) 0,00 16,500.00. 0:00 16.560.0.0 0.00 2,083.33 0:00 (2;083.33) 0.0.0 25.000.0.0 A.06 25,000.00 0.00 1,666.67 0.00 (1,666.67) 0,00 20,000:00 0:00 20,000.00 0:00 10945..83 4.190.84% 6;764.99 .38.20. 131,350.00. 4.1,969-3989,380.61 31,95 ($ .4;180.84} 1 Q3k.66 79,45 (S.63,150.00):$ 10,688.21 (73,839.21) (.16.93) I 12115)2022 a1 9:01 AM City of Gem Lake WATER ENTERPRISE FUND Bttdgeted.Stntcment.of Rcveuties and Expenditures For lhe Eleven Months Ending November 30, 2022 t r Mn Cog Moth Carr Modi 2022 YTD YTD Bud Variaice. %Complete B tt diet Actual Variance %ComEEete. RRVFN TES Residential Wnter:Revenues $ 1,257:SO $ 0.00 (1.257.50) 0.00 S 1.5090,00 S 21.909:60 (6,819.60) 145,19 Watcr T.atc Charges 0,00 0.00 0.06 0100 0 00 146.00 (146.00). 0.00 lnterest Eariings 437 0.00 (4.17) 0.00 50.00 (781.,63). 831.63 (1,563.26) TotMRevellues 1,261:67 0.00 (1,261.67)_ 0.0.0 15;140,,00 21,273.97 (6;133.97) 14051 t�xr1:,�nrrala>rs ALid itingServices 208.33 0..00 (20933.) 0:00. 2,500.00 2,50000, 0.00.. 100.60 Engineering 0.00 0.00 0.00 0.00 0.00 30,680?1 (10,680.21) 0.00 WaleriSewer UulttleS .21500:00 7;348;29 4.84829 293.93 30,000:00 17,1,19.77 12,850.23. ST1.7 Repairs & Maint 291.07 0.00 (291.61) 0.00 3,500.00 0.00 3,500.0.0 0.00 Depreciation 1,250.00 0:60 (1,256.00) 0.00 15,000,00 0.00 15,000.00. 0.00 Total Expoi.ditttres 4 250.00 7.349.29 3,098.29 172.90 51,000.00 50,329.98 670M 98.69 Excess. Rev Over (Under) Ekp $ 2,989,33) ($ 1,3.48,29) 359,96 245.90. ($ 35,860.00) ($ 29,056,0.1) _ .(6;803.9 SIM 121551 M2.a19;04 AM City ofGem Lake INVESTMENT TRUST FUND Rudgeled Statement of Revenues. and Expenditures Fa. lIia Eleven Months Ending November 30, 2022 Corr Mnih Curr Mat it . W I h 2 Y'I'D YTD Iio, dPet ehcal Varianee % com hletc Budggt Aclual Varionry % Cc salete 1110. SNUES Interest.Earnings $ 0.00 $ .628,31 029631 0.00.,E 0.00 ; jX1.90 (1t231-%) 0.00 Total Revelltics 0.00 62831 62R31 0.00 0.00 1:23i.196 (1,231.96) 0.00 1D1Tkk al9:05AM