HomeMy WebLinkAbout2010 01-19 CCPCity of Gem Lake, MN
City Council Meeting
January 19, 2009
Call To Order Of City Council Meeting — By Mayor Uzpen at 7:_P.M.
Call of Roll
Uzpen Artig-Swomley Lindner _ Rasmussen
Others in Attendance: Sign-up Sheet
Approval of City Council Minutes and Agenda
• City Council Agenda for this meeting (Accept Agenda)
• Minutes of the City Council Meeting of December, 2009
Committee Reports
Accept the following Planning Commission Minutes
• November 2009
Old Business
• City News Letter - Next Addition
o News Letter — Ideas
• Surface Water Project Plan and Time Line - Lindner
• Water Testing - Lindner
Public Notices
• None
New Business
• Resolution 2010 — 01 City Functions Resolution
• Resolution 2010 — 02 Administrative Citations Resolution
• Resolution 2010 — 03 City Audit Resolution
• Resolution 2010 — 04 Fire Inspection Services Resolution
• Ordinance 112 Administrative Citations Ordinance
• Ordinance 113 PUBLIC RIGHT-OF-WAY Ordinance
• Claims for January
• Monthly Financial Reports
• Open Items for the Council Members to bring up.
• Presentations from the Public
Future Council Meetings
• Next Workshop Meeting, February 1 at 7:00 P.M.
• Next City Council Meeting, February 23 at 7:00 P.M.
Adjournment
• The meeting adjourned at
Open
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CITY OF GEM LAKE, MN
1044200 Otter Lake Road
Gem Lake, MN 55110-3227
Telephone 651-747-2790
E-mail City4yaemlakeMN.ore
Minutes of Gem Lake City Council Meeting
19 January 2010
The regular meeting of the City Council of the City of Gem Lake was called to
order by Mayor Uzpen on Tuesday, January 19, 2010 at 7:00 pm in the Gem
Lake City Hall meeting room.
The following members were present: Mayor Robert Uzpen, Councilmembers
Gretchen Artig-Swomley, Thomas Rasmussen, and James Lindner. Other
members of the public attended per the sign in sheet sent around the room.
APPROVAL OF AGENDA AND MEETING MINUTES
City Council Agenda: Mayor Uzpen called for additions, deletions and
corrections to the agenda. No corrections were made. Upon motion by
Councilmember Lindner, and seconded by Councilmember Rasmussen, the
agenda was approved for January 19, 2010. Ayes — 4, Nays — 0.
City Council December Meeting Minutes: The December, 2009 minutes were
presented and corrections were needed. Upon motion by Councilmember
Lindner, and seconded by Councilmember Artig-Swomley, the minutes of
December 2009 were accepted with corrections being made. Ayes — 4, Nays —
0.
OLD BUSINESS
City Newsletter — February 2010: Councilmember Artig-Swomley needs ideas
for the February newsletter. She had a few suggestions including a list of
general goals for the City of Gem Lake for 2010, and review the results of the
water testing. Also suggested was an interview with Bev Scalze, State
Representative. A Valentine's Day story on how the residents met, ages 20 — 80.
Mayor Uzpen brought a sample copy of White Bear Lake's application for a
scholarship so that Gem Lake may start a program like that. Also mentioned
were the sports complex in Vadnais Heights and the census in March 2010.
Local Water Management Plan: The City Council has not received much
feedback from the residents on where the in-flow/out-flow exists on properties. It
was suggested that maybe a better description of what an in-flow/out-flow is and
what to look for. The Council needs the in flow/out flows for the May S4 report.
Gem Lake City Council Meeting
Page 2 of 3
NEW BUSINESS
Resolution 2010-01 — City Functions Resolution: The City Council went over
the new resolution and upon motion by Councilmember Lindner, and seconded
by Councilmember Artig-Swomley. Resolution 2010-01 motion passes. Ayes —
4, Nays — 0.
Resolution 2010-02 — Administrative Citations Resolution: The City Council
went over the new resolution and upon motion by Councilmember Rasmussen,
and seconded by Councilmember Lindner. Resolution 2010-02 motion passes.
Ayes — 4, Nays — 0.
Resolution 2010-03 — City Audit Resolution: This Resolution allows the
Mayor and City Treasurer to work with the Auditors and sign the contract. Upon
motion by Artig-Swomley and seconded by Councilmember Lindner. Resolution
2010-03 passes. Ayes — 4, Nays — 0.
Resolution 2010-04 — Fire Inspection Services Resolution: This authorizes
the Mayor and Treasurer to sign the contract for the fire services and fire
inspection to the City of White Bear Lake. Upon motion by Councilmember
Lindner, and seconded by Artig-Swomley. Resolution 2010-04 passes. Ayes —
4, Nays — 0.
Ordinance 112 — Administrative Citations Ordinance: The City Council looked
over and discussed Ordinance 112 and upon motion by Councilmember
Rasmussen, and seconded by Councilmember Artig-Swomley. Ordinance 112
passes. Ayes — 4, Nays — 0.
Ordinance 113 — Public Right -of -Way Ordinance: The City Council looked
over and discussed Ordinance 113 and upon motion by Councilmember Artig-
Swomley and seconded by Councilmember Lindner. Ordinance 113 passes.
Ayes — 4, Nays — 0.
Claims for January: The bills for January were discussed and authorized to
pay. Upon motion by Councilmember Rasmussen and seconded by
Councilmember Artig-Swomley, motion passes. Ayes — 4, Nays — 0.
Monthly Financial Report: The City Council looked over the information they
received.
Open Items for Council Members: Mayor Uzpen spoke to the Council
regarding the SEH Local Water Management Plan that was presented. The City
Council will accept the SEH Local Water Management Plan as presented. Mayor
Uzpen requested a vote and it passed 4-0. Ayes — 4, Nays — 0.
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Gem Lake City Council Meeting
Page 3 of 3
PRESENTATION FROM THE PUBLIC
No public was present.
FUTURE COUNCIL MEETINGS
Workshop Meeting: February 1, 2010 at 7:00 p.m.
City Council Meeting: February 23, 2010 at 7:00 p.m.
ADJOURN
The January19, 2010 regular meeting of the City Council was adjourned at 7:55
p.m. Upon motion by Councilmember Artig-Swomley, and seconded by
Councilmember Rasmussen, the City Council meeting was adjourned.
Ayes — 4 Nays — 0.
APPROVED:
ATTEST: ATTEST:
Julie Newkirk Robert Uzpen
Recording Secretary Mayor
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CITY OF GEM LAKE, MN
4200 Otter Lake Road
Gem Lake, MN 55110-3227 __Tkli
Telephone 651-747-2790
E-mail Citvna gemlakeMN.org
Minutes of Gem Lake City Council Meeting
23 February 2010
Special Session Order: Mayor Uzpen called to order a special meeting to
appoint Richard Bosak to the City Council. Councilmember Rasmussen
motioned to accept the Mayor's recommendation to appoint Richard Bosak to the
City Council. The motion was seconded by Councilmember Artig-Swomley.
Ayes — 4, Nays — 0.
Swearing in of Richard Bosak: Bill Short, City Clerk of White Bear Township
was present at the city council meeting to swear in Richard Bosak. At 6:40 p.m.,
Bill Short swore in Richard Bosak for the Gem Lake City Council position. It was
stated: "I, Richard Bosak, do solemnly swear that I will support the constitution of
the United States and the State of Minnesota, and faithfully discharge the duties
of the office of City Councilmember of the City of Gem Lake in the County of
Ramsey and the State of Minnesota, to the best of my judgment and ability. So
help me God. Upon motion by Councilmember Artig-Swomley and seconded by
Councilmember Bosak, the special session meeting closed at 6:45 p.m.
The regular meeting of the City Council of the City of Gem Lake was called to
order by Mayor Uzpen on Tuesday, February 23, 2010 at 7:00 pm in the Gem
Lake City Hall meeting room.
The following members were present: Mayor Robert Uzpen, Councilmembers
Gretchen Artig-Swomley, Thomas Rasmussen, James Lindner and Richard
Bosak. Other members of the public attended per the sign in sheet sent around
the room.
APPROVAL OF AGENDA AND MEETING MINUTES
City Council Agenda: Mayor Uzpen called for additions, deletions and
corrections to the agenda. No corrections were made. Upon motion by
Councilmember Artig-Swomley, and seconded by Councilmember Rasmussen,
the agenda was approved for February 23, 2010. Ayes — 5, Nays — 0.
City Council January Meeting Minutes: The January, 2010 minutes were
presented and corrections were needed. Upon motion by Councilmember Artig-
Swomley, and seconded by Councilmember Bosak, the minutes of January 2010
were accepted with corrections being made. Ayes — 5, Nays — 0.
Gem Lake City Council Meeting
Page 2 of 6
Planning Commission December Meeting Minutes: The December, 2009
minutes were presented and corrections were needed. Upon motion by
Councilmember Artig-Swomley, and seconded by Councilmember Lindner, the
minutes of December 2009 were accepted with corrections being made.
Ayes — 5, Nays — 0.
OLD BUSINESS
City Newsletter — March 2010: Councilmember Artig-Swomley requested ideas
for the March newsletter. Some suggestions made were the scholarship
program for the City of Gem Lake, the benefits of recycling within the community,
swearing in new Council Member Richard Bosak.
Local Water Management Plan: It was discussed within the city council to have
Councilmember Lindner receive training with SEH as Councilmember Watson
had. Mayor Uzpen suggested setting up a project plan for each month to stay
within the guidelines of the statue. The first due date is in May and requires an in
flow/out flow map for the City of Gem Lake.
Water Testing: Councilmember Lindner brought 17 water samples to the lab in
St. Paul and the city received satisfactory results. The city decided to have
another water testing on Monday, June 7, 2010 and will let the residents know a
month in advance in the newsletter.
PUBLIC HEARING
High Tech Auto Services: Mayor Uzpen prepared a discussion document for
the Conditional Use Permit. Mayor Uzpen requested to have a motion for the
council to discuss the discussion document first before opening up the final
hearing. Upon motion by Councilmember Bosak and seconded by
Councilmember Artig-Swomley the discussion document was open. The owners
are applying to open a business on County Road E. The business will be
installing auto accessories and doing minor auto repairs. The Conditional Use
Permit will be no complaints for twelve months and stick to the business hours
stated by the owners.
The Public Hearing officially opened at 7:20 p.m. for the Conditional Use Permit
for High Tech Auto Services. The owners were present and explained what their
business was. This is their second shop as the original shop is located in
Vadnais Heights. The owner would be operating this location in Gem Lake. The
hours of business would be Monday through Saturday, 7:00 a.m. to 5:00 p.m.
with Sundays closed. Because repairs are done by appointment, there will be no
vehicles overnight in the parking lot. Right now, there are two stalls in the
building, with one stall walled off. The owner would like to open the second stall
and keep traffic on Hoffman Road versus County Road E.
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Gem Lake City Council Meeting
Page 3 of 6
There were questions raised regarding the size of the signs already on the roof.
The owner already has 3x7 signs and would like to use those signs, but will
check the current ordinance on the web site regarding the size.
Councilmember Linder asked the noise level regarding the tools being used in
the business. The owner stated that it would be as loud as a car.
Mayor Uzpen asked if the public had any questions or concerns regarding the
Conditional Use Permit and none were stated.
The Public Hearing was closed at 7:36 p.m
The Conditional Use Permit would be for twelve months, conditions are not
transferrable and no complaints for twelve months. Installing auto accessories
and minor auto repair. There would be no new or used tires to be stored and
displayed outside and business hours will be Monday through Saturday, 7:00
a.m. to 5:00 p.m. Also all State, Federal and local laws shall be complied.
Gem Lake's Attorney Trevor Oliver recommends that business hours not be
between 10 p.m. to 6 a.m. Traffic pattern would be entering and exiting from
Hoffman Road. The trash container would be in a screened off enclosure. Inside
the building regarding the stalls, Trevor recommends two bays open per one
employee and five parking spaces for this business.
Upon motion by Councilmember Artig-Swomley and seconded by
Councilmember Lindner, motion was to approve the Conditional Use Permit with
the conditions Attorney Trevor Oliver stated. Ayes — 5, Nays — 0.
Four Seasons Auto: Mr. Newcomb wants to amend the Conditional Use Permit
from 2009. A question from the city council was if this was an amendment or a
new Conditional Use Permit. Mr. Newcomb states that he is keeping the sales in
the back of the property and just moving the office up front and requesting a
change of address with the State of Minnesota and an additional five to seven
parking spots up front by the office. Mayor Uzpen stated that the paperwork was
not consistent with what Mr. Newcomb was requesting verbally with the city
council.
The Public Hearing officially opened at 8:03 p.m. After much discussion between
the city council and Mr. Newcomb, the city council feels that they cannot approve
this without the correct paperwork. The council can approve it, deny it, or table it
for the March City Council meeting and that gives Mr. Newcomb time to have the
correct paperwork in order. Attorney Trevor Oliver stated the issue at hand is the
parking in front for used car sales. Because it is a strip mall, each store gets a
certain number of parking spaces per the square footage. The city council voted
to table the Conditional Use Permit as presented. Mr. Newcomb can bring this
back to the March City Council meeting with proper paperwork. Motioned by
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Gem Lake City Council Meeting
Page 4 of 6
Councilmember Artig-Swomley and seconded by Councilmember Bosak.
Motion has been motioned and seconded for the Conditional Use Permit.
Ayes — 5, Nays — 0.
The Public Hearing was closed at 9 p.m.
Presentation from Todd Hagen: Todd Hagen gave a presentation to the city
council regarding options the City of Gem Lake can do to work with developers
who want to build in Gem Lake. He presented different options, one being tax
abatement, which is most popular with developers. It is a tax levy that the
developers can use for a pay as you go to offset their special assessment
payments and will increase the market value. Todd went through the handouts
he gave to the council members explaining all the options. If the City of Gem
Lake went with his company, he would work closely with Trevor Oliver and the
city council.
2010-2011 LMCIT Insurance Package Renewal: Jessie Hart, Treasurer of
Gem Lake sent a memo to the council member concerning the insurance
package and the need to renew the policy. Upon motion from Councilmember
Artig-Swomley and seconded by Councilmember Lindner, motion passes.
Ayes — 4, Nays — 0.
Approval of New Fee Schedule between Gem Lake and White Bear
Township: Per the memo from Patti Walstad, from White Bear Township, there
are some new fees between White Bear Township and the City of Gem Lake.
The city council looked over the memo and upon motion by Councilmember
Lindner and seconded by Councilmember Artig-Swomley, motion passes.
Ayes — 4, Nays — 0.
Joint Powers Agreement: City council looked over the information presented to
them to assign joint power because of the fees. Upon motion by Councilmember
Lindner and seconded by Councilmember Artig-Swomley, motion passes.
Ayes — 4, Nays — 0.
Sewer Connection Fee for 2010: Mayor Uzpen tabled the sewer connection
fee until the next council meeting.
Sheriff's Contract: Trevor Oliver discussed how the payments are done and
recommended approving the motion. Upon motion by Councilmember Lindner
and seconded by Councilmember Artig-Swomley, motion passes.
Ayes — 4, Nays — 0.
Claims for February: The bills for February were discussed and authorized to
pay. Upon motion by Councilmember Lindner and seconded by Councilmember
Bosak, motion passes. Ayes — 4, Nays — 0.
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Gem Lake City Council Meeting
Page 5 of 6
Monthly Financial Report:
The City Council received and reviewed the current financials and budget for
February and no questions were asked.
Discussion/Approval of Scholarship Application: Mayor Uzpen wrote up a
rough draft and gave copies to the council members. Mayor Uzpen asked the
council to look over the draft and give their feedback. The money will be coming
from the gambling funds in the City of Gem Lake.
Open Items for Council Members: Councilmember Artig-Swomley had
received a call from two people at Barnett and was wondering if employees could
sign up for the free CPR class that Gem Lake sponsors every year. It was
decided that only Gem Lake residents and business owners of Gem Lake are
welcome to attend the free class.
Councilmember Lindner is signed up to attend the Shallow Lake Workshop on
Saturday, February 27, 2010.
PRESENTATION FROM THE PUBLIC
Justin Gese from SEH spoke to the city council regarding the collapsing sewer
on Hoffman Corners. He recommends fixing that section of the sewer and the
contractor will do a spot repair. The City of Gem Lake will be responsible for
payment of the repair. Mayor Uzpen asked Justin for a written report with his
recommendation and an estimated cost and the council will discuss this at the
March city council meeting.
FUTURE COUNCIL MEETINGS
Workshop Meeting: March 1, 2010 at 7:00 p.m.
City Council Meeting: March 16, 2010 at 7:00 p.m.
ADJOURN
The February19, 2010 regular meeting of the City Council was adjourned at 9:45
p.m. Upon motion by Councilmember Lindner, and seconded by Councilmember
Artig-Swomley, the City Council meeting was adjourned.
Ayes — 4 Nays — 0.
APPROVED:
ATTEST:
ATTEST:
Julie Newkirk Robert Uzpen
Recording Secretary Mayor
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Gem Lake City Council Meeting
Page 6 of 6
SIGN IN SHEET:
Justin Gese — SEH
Steve Herzog
Todd Hagen — Ehler
Dennis Newcomb — Four Seasons
Rocio Larios — High Tech Auto Service, Inc.
Dan Marier — Gem Lake Planning Commission
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CITY OF GEM LAKE, MN
f_. z City Hall - 4200 Otter. Lake Road _
Gem Lake, MN 55110-3763
City Council Workshop
1/4/2010
Agenda
• Discuss Resolution 2010 — 01
• Discuss the procedure that we will use to replace Charles Watson on the Council.
• Draft Hunting Ordinance
• Impacts to the Gardener land donation
• Open discussion
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City of Gem Lake, MN
Resolution No.2010 — 01
January 19, 2010
A RESOLUTION APPOINTING INDIVIDUALS AND FIRMS TO PERFORM THE
FUNCTIONS NECESSARY FOR SUPPORTING THE GOVERNING BODY OF THE
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA.
WHEREAS, the individuals, municipalities and or companies identified have agreed to
serve in the appointed positions identified for the period 01 January 2010 to 31 December
2010 or until replaced by another in an updated resolution.
Appointed City Officials and other appointed companies to represent the City.
Per Statue these positions businesses are required.
Acting Mayor: Gretchen Artig-Swomley
City Clerk: William Short WBT
City Treasurer: Jessie Hart WBT
Data Practices Responsible Authority: Jean Reiter and Jessie Hart
Official City Depository (Bank) Premier Bank
Official City Publication (for public notices) White Bear Press
City Committees or Commissions
Planning Commission
Craig Rafferty Chairman
Derek Wippich Commissioner
Beth Herzog Commissioner
Dan Marier Commissioner
Plan Review Committee
Craig Rafferty
James Lindner
Other City Positions
City Prosecuting Attorney: Attorney Robb Olsen
City Auditor: LarsonAllen
City Emergency Services Director: James Lindner
City Engineers: Short Elliot Henderson (SEH) - Justin Gese
City Code Enforcement Officer - Michael Johnson WBT
City Attorney: Kelly & Lemmons P.A.
City Planner: WBT
City Accountant: WBT
Zoning Administrator: Robert Uzpen
Heating and Air Conditioning: Corporate Mechanical
City Inspectors
Chief Building Official - Michael Johnson WBT
Building Inspector - Michael Johnson WBT
Plumbing Inspector - Michael Johnson WBT
ISTS/Sewer Inspector — New Systems — Michael Johnson WBT
ISTS Inspector — Annual inspections — Brian Humpal
Mechanical/HVAC Inspector — Michael Johnson WBT
Electrical Inspector — James Manteufel — Summit Inspections
Weed Inspector — Robert Uzpen
Contractors for City services
City Permit/License Bureau Operator (Issues permits and licenses) WBT
City utility and other billing Contractor — WBT
City secretary/receptionist — Supplied by Ramsey County Sheriff
Sewer Inspection/Maintenance Contractor — WBT
Law Enforcement Contractor — Ramsey County Sheriff
Fire, Fire Marshall, Paramedic Contractor — City of White Bear Lake Fire Dept.
Animal Control Contractor — Animal Control Services Richard Ruzicka
City Public Works Coordinator WBT
IT and VIOP telephone coordinator — City of Roseville
City Representatives to outside groups and organizations
Ramsey County League of Local Government Reps Primary: Thomas Rasmussen
Alternate: Robert Uzpen
VLAWMO Board of Directors member — Primary: Robert Uzpen
VLAWMO Technical Commissioner - TBD
I-35 E Corridor Management Team: Gretchen Artig-Swomley
RCSD Contract Community Representative: Thomas Rasmussen
INDEX
WBT: White Bear Township
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 112
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE ADMINISTRATIVE CITATION
OF TRAFFIC OFFENSES IN GEM LAKE.
The City Council of the City of Gem Lake hereby ordains:
Section 1.
1.1 PURPOSE. The City of Gem Lake authorized by resolution the use of administrative citations
for specific traffic offenses, as permitted by the Legislature in Minn. Stat. § 169.999. The City is
required by that statute to establish and maintain procedures through which motorists receiving
administrative citations may obtain an independent hearing or judicial review of a citation. The City
Council of the City of Gem Lake finds that establishing a voluntary administrative citation procedure
ensures the availability of an independent hearing and retains full opportunity to obtain judicial
review of a citation.
1.2 DEFINITIONS. As used in this chapter, except as otherwise provided, the following terms shall
have the respective meanings ascribed to them:
Citation. An administrative citation issued to a motorist for a Designated Traffic Offense
occurring within the City.
Designated Traffic Offense. Those traffic offenses eligible for administrative citation as
designated by Minn. Stat. § 169.999, subd. 1(b)(1), (2) and (3), as it may be amended from
time to time.
Issuing Officer. The licensed peace officer employed by or under contract with (City) who
issues any particular administrative citation.
Flyer. A document which informs a person receiving an administrative citation of.
- the recipient's right to challenge the citation or opt for a standard criminal citation;
- the City's process for handling challenges to administrative traffic citations;
- the process for paying a traffic citation; and
- the effect of an administrative traffic citation on a recipient's driving record.
Recipient. The person who receives an administrative citation under this chapter.
Section 2
2.1 AUTHORIZATION. Licensed peace officers employed or under contract with the City may
issue administrative citations for Designated Traffic Offenses occurring within the City. The fine for
committing a Designated Traffic Offense shall be the amount stated in Minn. Stat. § 169.999, subd. 5,
as it may be amended from time to time.
2.2 FORM OF CITATION. An issuing officer must use the uniform administrative traffic citation
form approved by the Commissioner of Public Safety. The officer shall also serve upon the recipient
the current version of the City's flyer and response form, if not already printed on the back of the
citation.
2.3 RESPONSE TO CITATION. A recipient shall respond to the citation within 14 days of receipt.
The recipient may:
A) Admit the violation stated in the citation and agree to pay the fine;
B) Deny the violation stated in the citation and request a hearing; or
C) Request that the administrative citation be converted to a standard traffic citation and
filed for processing by the Violations Bureau of the Ramsey County District Court.
The City shall approve a response form as part of the flyer which states these options and gives
directions for returning the response form. A recipient shall deliver the response form, or similar
writing, to an address stated on the form before the close of business on the 14'h day (or next
business day if the 14'' day is a weekend or holiday) stating the recipient's choice for processing of
the citation.
2.4 SHERIFF'S DEPARTMENT TO COORDINATE CITATIONS. The City designates the
Ramsey County Sheriff's Department as its agent for management of the administrative citations
program. The Department shall receive citation responses, assign administrative traffic cases to a
hearing officer whose appointment the City has approved, collect fine revenue, account for the
citation revenue and maintain funds as required by State law. The personnel assigned the duties of
managing the program by the Sheriff's Department shall be referred to in this Ordinance as "the
City's designee." This designation is not intended to create, and shall not create, a joint powers
relationship between the City and the Department relating to the management of administrative
citations.
2.5 STANDARD CITATION ISSUED IF NO RESPONSE. If the City's designee receives no
written response to a citation within the 14-day response period, the peace officer who issued the
citation shall convert the allegations into a standard traffic citation, file that regular citation at the
District Court and mail a copy to the recipient.
Section 3
3.1 HEARING OFFICERS. The City shall maintain a list of hearing officers available to conduct
hearings on the merits of an administrative citation, if requested by a recipient. All hearing officers
shall be approved by the City Council. Hearing officers shall have executed a contract to provide
hearing officer services with at least one of the following entities: Ramsey County; City of Arden
Hills; City of Gem Lake; City of Little Canada; City of North Oaks; City of Shoreview; City of
Vadnais Heights; or the Town of White Bear.
3.2 REQUEST FOR HEARING. If the recipient responds by requesting a hearing, the City's
designee at the Ramsey County Sheriff s Department shall assign the case to a hearing officer on the
list. The designee assigning the case shall notify the hearing officer, the recipient and the issuing
officer of the assignment in writing. The designee shall schedule a hearing within 28 days of
receiving the notice. Any delays in holding the hearing shall be reported to the City's designee by
the hearing officer.
3.3 CITATION MATERIALS. At assignment, the City's designee shall transmit a copy of the
citation to the hearing officer. Within five days of assignment, the issuing officer or the officer's
department shall transmit copies of all materials relating to the citation to the hearing officer,
including but not limited to: additional written reports; certificates of calibration, logs, and other
documentation required to support the evidentiary use of speed detection equipment under Minn.
Stat. § 169.14; relevant certificates of training for the citing officer; and any pictures showing the
alleged offense. The hearing officer shall transmit a copy of any materials received to the recipient at
the earliest opportunity but at least three days in advance of the hearing.
3.4 HEARING. At the hearing, the hearing officer shall receive the testimony of any witnesses,
witness statements, and comments presented by the person cited. The hearing officer will consider
these items alongside the materials submitted by the issuing officer, and may weigh the evidence and
make credibility determinations to the best of the hearing officer's ability. The hearing officer is not
required to apply the rules of evidence in making determinations about the evidence presented. The
issuing officer is not required to attend the hearing.
3.5 DECISION, FINDINGS. After considering all of the evidence submitted, the hearing officer
shall determine, by a preponderance of the evidence, whether the person cited did or did not violate
the statute or statutes identified in the citation. The hearing officer shall make written findings
supporting the determination and transmit them to the cited person and the City's designee within
five days of closing the hearing.
3.6 PAYMENT FOLLOWING FINDING OF VIOLATION. If the hearing officer finds aviolation,
the fine for the Designated Traffic Offense is due within 30 days of the date the findings are sent to
the recipient. The hearing officer may not alter or reduce the fine for any offense or combine
multiple offenses into a single fine. Payment of fines due shall be made to the City's designee.
3.7 STANDARD CITATION ISSUED IF NO PAYMENT. If payment is not made within the 30
days, the City's designee shall request that the issuing officer or the officer's department issue a
standard traffic citation for the offenses in the administrative citation, mail a copy of the citation to
the individual, and file the citation along with the hearing officer's written findings with the Ramsey
County District Court.
Section 4.
4.1 SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance
be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity
of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid.
4.2 This Ordinance shall take effect and be in full force from and after its passage and publication.
Robert Uzpen, Mayor
ATTEST:
William Short, Clerk -Treasurer
AYES:
NAYS:
Adopted this _ day of 2010.
V
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 113 (Summary)
SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, § 412.191, a summary of an
ordinance may be published. While a copy of the entire ordinance is available without cost at the
office of the City Clerk, the following summary is approved by the City Council and shall be
published in lieu of publishing the entire ordinance:
Ordinance 113 regulates excavations and obstructions of the public right-of-way by requiring
utility companies, contractors, and others performing such work to obtain a City permit. The
Ordinance establishes permit standards, an application process, and fees. The Ordinance adopts
the Public Rights -of -Way Standards promulgated by the Public Utilities Commission as the
standards applicable to installation of utilities in Gem Lake. The Ordinance sets standards for
completion of work and inspection. Ordinance 113 also requires that any new utility facilities, or
replaced or relocated facilities, be installed underground. The Ordinance provides a process by
which the City may order the undergrounding of existing utility facilities following adoption of a
plan by the City. Utility owners who have abandoned utility facilities are required to remove
their facilities from the public right-of-way. A complete copy of Ordinance 113 is available at
the front desk of Heritage Hall, at 4200 Otter Lake Road in Gem Lake.
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 113
AN ORDINANCE TO ADMINISTER AND REGULATE THE PUBLIC RIGHT-OF-WAY IN
THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF
RIGHT-OF-WAY PERMITS
THE GEM LAKE CITY COUNCIL OF ORDAINS:
SECTION 1. Findings, Purpose, and Intent. To provide for the health, safety and welfare of its
citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the City
strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances.
Accordingly, the City hereby enacts this new Section of this Code relating to right-of-way permits and
administration. This Section imposes reasonable regulation on the placement and maintenance of facilities
and equipment currently within its rights -of -way or to be placed therein at some future time. It is intended
to complement the regulatory roles of state and federal agencies. Under this Section, persons excavating
and obstructing the rights -of -way will bear financial responsibility for their work. Finally, this Section
provides for recovery of out-of-pocket and projected costs from persons using the public rights -of- way.
This Section shall be interpreted consistently with Minnesota Statutes Sections 237.16, 237.162, 237.163,
237.79, 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the City and
users of the right-of-way. This Section shall also be interpreted consistent with Minnesota Rules
7819.0050 — 7819.9950 where possible. To the extent any provision of this Section cannot be interpreted
consistently with the Minnesota Rules, Minnesota Rules, that interpretation most consistent with the Act
and other applicable statutory and case law is intended. This Section shall not be interpreted to limit the
regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the
health, safety and welfare of the public.
1.1. Election to Manage the Public Right -of -Way. In accordance with the authority granted
to the City under state and federal statutory, administrative and common law, the City hereby
elects pursuant to this Section to manage rights -of- way within its jurisdiction.
1.2. Definitions. The definitions included in Minnesota Statutes § 237.162, Minnesota Rules
7819.0100 Subparts 1 through 23, and Minnesota Rules 7560.0100 Subparts 1 through 12 are
hereby adopted by reference and are incorporated into this Section as if set out in full.
SECTION 2. Permit Requirement.
2.1. Permit Required. Except as otherwise provided in this Code, no person may obstruct
or excavate any right-of-way without first having obtained the appropriate permit from the City.
(a) Excavation Permit. An excavation permit is required to excavate that part of the
right-of-way described in such permit and to hinder free and open passage over the
specified portion of the right-of-way by placing facilities described therein, to the extent
and for the duration specified therein.
(b) Obstruction Permit. An obstruction permit is required to hinder free and open
passage over the specified portion of right-of-way by placing equipment described
therein on the right-of-way, to the extent and for the duration specified therein. An
obstruction permit is not required if a person already possesses a valid excavation permit
for the same project.
2.2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the
date or dates specified in the permit unless such person (i) makes a supplementary application for
another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or
permit extension is granted.
2.3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 Subpart 3, the City
shall impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction,
patching, or restoration. The permittee shall not be assessed a delay penalty of delays in project
commencement or completion are due to circumstances beyond the control of the permittee. An
application for permit extension is independent of delay, and does not preclude the assessment of
a delay penalty even if the extension is granted.
2.4. Permit Display. Permits issued under this Section shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for inspection by
the Zoning Administrator.
SECTION 3. Permit Applications. Application for a permit shall contain, and will be considered
complete only upon compliance with the requirements of the following provisions:
3.1. Submission of a completed permit application form, including all required attachments,
scaled drawings showing the location and area of the proposed project and the location of all
known existing and proposed facilities, and the following information:
(a) Each permittee's name, Gopher One -Call registration certificate number, address
and email address, if applicable, and telephone and facsimile numbers.
(b) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be available
at all times. Current information regarding how to contact the local representative in an
emergency shall be provided at the time of application.
(c) A certificate of insurance or self-insurance:
(1) Verifying that an insurance policy has been issued to the permittee by an
insurance company licensed to do business in the State of Minnesota, or a form of
self insurance acceptable to the Zoning Administrator;
(2) Verifying that the permittee is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the (i) use and
occupancy of the right-of-way by the permittee, its officers, agents, employees and
permittees, and (ii) placement and use of facilities and equipment in the right-of-way
by the permittee, its officers, agents, employees and permittees, including, but not
limited to, protection against liability arising from completed operations, damage of
underground facilities and collapse of property;
(3) Naming the City as an additional insured as to whom the coverages required
herein are in force and applicable and for whom defense will be provided as to all
such coverages;
(4) Requiring that the Zoning Administrator be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term;
(5) Indicating comprehensive liability coverage, automobile liability coverage,
workers compensation and umbrella coverage in amounts established by the Zoning
Administrator sufficient to protect the City and the public and to carry out the
purposes and policies of this Section.
(6) The City may require a copy of the actual insurance policies.
(7) If the person is a corporation, a copy of the certificate required to be filed under
Minnesota Statute § 300.06 as recorded and certified to by the Secretary of State.
(8) A copy of the person's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other applicable state or federal agency, where the
person is lawfully required to have such certificate from said commission or other
state or federal agency.
3.2. Payment of money due the City for
(a) permit fees, estimated restoration costs and other management costs,
(b) prior obstructions or excavations;
(c) any undisputed loss, damage, or expense suffered by the City because of applicant's prior
excavations or obstructions of the rights -of -way or any emergency actions taken by the City;
(d) franchise fees or other charges, if applicable.
SECTION 4. Issuance of permit; conditions.
4.1. Permit Issuance. If the applicant has satisfied the requirements of this Section, the
Zoning Administrator shall issue a permit.
4.2. Conditions. The Zoning Administrator may impose reasonable conditions upon the
issuance of the permit and the performance of the applicant thereunder to protect the health,
safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a
permittee shall comply with all requirements of local, state and federal laws, including but not
limited to Minnesota Statutes §216D.01-.09 (Gopher One Call Excavation Notice System) and
Minnesota Rules Section 7560.
4.3 Trenchless Excavation. As a condition of all applicable permits, permittees
employing trenchless excavation methods, including but not limited to Horizontal Directional
Drilling, shall follow all requirements set forth in Minnesota Statutes, Section 216D and
Minnesota Rules Section 7560, and shall require potholing or open cutting over existing
underground utilities before excavating, as determined by the City.
SECTION 5. Permit Fees. The City Council establishes, and shall from time to time examine and
adjust as needed to conform to the City's actual costs of regulation, fees for permits and applications
governed by this Ordinance.
5.1. Excavation Permit Fee. A fee shall be collected with an application for an excavation
permit, and the amount of the fee is determined by the type of excavation proposed:
(a) Hole excavation: $125.00
(b) Emergency Hole: $55.00
(c) Trench: $125.00 + $70 per 100 lineal feet of trench
5.2. Obstruction Permit Fee. A fee of $50.00 plus $.05 per lineal foot of obstruction shall
be collected with an application for a permit to obstruct a right-of-way.
5.3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued
without payment of permit fees.
5.4. Permit Extension Fee. A fee of $55.00 shall be collected with an application for
extension of an existing right-of-way permit.
5.5. Delay Penalty. If the Zoning Administrator finds that a delay penalty is warranted
under Section 2.3, the penalty shall be $60.00 for the first three days of delay, and $10.00 per day
thereafter.
5.6. Non refundable. Permit fees that were paid for a permit that the Zoning Administrator
has revoked for a breach as stated in Section 14 are not refundable.
5.7. Application to franchises. Unless otherwise agreed to in a franchise, management costs
may be charged separately from and in addition to the franchise fees imposed on a right-of-way
user in the franchise.
SECTION 6. Supplementary Applications.
6.1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way
specified in the permit. No permittee may do any work outside the area specified in the permit,
except as provided herein. Any permittee which determines that an area greater than that
specified in the permit must be obstructed or excavated must before working in that greater area
(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension.
6.2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the
permit. No permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by the permit
end date, it must apply or a new permit for the additional time it needs, and receive the new
permit or an extension of the old permit before working after the end date of the previous permit.
This supplementary application must be submitted before the permit end date.
SECTION 7. Denial of permit. The City may deny a permit for failure to meet the requirements and
conditions of this Section or if the City determines that the denial is necessary to protect the health, safety,
and welfare or when necessary to protect the right-of-way and its current use.
SECTIONS 8-9. (RESERVED).
SECTION 10. Installation Requirements. The excavation, backfilling, patching and restoration, and
all other work performed in the right-of-way shall be done in conformance with Minnesota Rules
7819.1100 and other applicable local requirements, in so far as they are not inconsistent with the
Minnesota Statutes § 237.162 and § 237.163.
SECTION 11. Right -of -Way Patching and Restoration.
11.1. Timing. The work to be done under an excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified in
the permit, increased by as many days as work could not be done because of circumstances
beyond the control of the permittee or when work was prohibited as unseasonable or
unreasonable under Section 14.
11.2. Patch and Restoration . Permittee shall patch its own work. The City may choose either
to have the permittee restore the right-of-way or to restore the right-of-way itself.
(a) City Restoration. If the City restores the right-of-way, permittee shall pay the costs
thereof within thirty (30) days of billing. If following such restoration, the pavement
settles due to permittee's improper backfilling, the permittee shall pay to the City, within
thirty (30) days of billing, all costs associated with having to correct the defective work.
(b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the
time of application for an excavation permit post a construction performance bond in
accordance with the provisions of Minnesota Rules 7819.3000.
(c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-
of-way user may elect to pay a degradation fee. However, the right-of-way user shall
remain responsible for patching and the degradation fee shall not include the cost to
accomplish these responsibilities.
11.3. Standards. The permittee shall perform patching and restoration according to the
standards and with the materials specified by the City and shall comply with Minnesota Rule
7819.1100.
11.4. Duty to correct defects. The permittee shall correct defects in patching, or restoration
performed by permittee or its agents. Permittee upon notification from the Zoning Administrator,
correct all restoration work to the extent necessary, using the method required by the Zoning
Administrator. Said work shall be completed within five (5) calendar days of the receipt of the
notice from the Zoning Administrator, not including days during which work cannot be done
because of circumstances constituting force majeure or days when work is prohibited as
unseasonable or unreasonable under Section 14.
11.5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to
the condition required by the Zoning Administrator, or fails to satisfactorily and timely complete
all restoration required by the Zoning Administrator, the City at its option may do such work. In
that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of
restoring the riglit-of-way. If permittee fails to pay as required, the City may exercise its rights
under the construction performance bond.
SECTION 12. Inspection.
12.1. Notice of Completion. When the work under any permit hereunder is completed, the
permittee shall furnish a completion certificate in accordance Minnesota Rules 7819.1300.
12.2. Site Inspection. Permittee shall make the work -site available to City personnel and to all
others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
12.3. Authority of Zoning Administrator.
(a) At the time of inspection the Zoning Administrator may order the immediate cessation
of any work which poses a serious threat to the life, health, safety or well being of the
public.
(b) The Zoning Administrator may issue an order to the permittee for any work that does
not conform to the terms of the permit or other applicable standards, conditions, or codes.
The order shall state that failure to correct the violation will be cause for revocation of the
permit. Within ten (10) days after issuance of the order, the permittee shall present proof
to the Zoning Administrator that the violation has been corrected. If such proof has not
been presented within the required time, the Zoning Administrator may revoke the permit
pursuant to Section 14.
12.4. Supplementary Notification. If the obstruction or excavation of the right-of-way begins
later or ends sooner than the date given on the permit, permittee shall notify the Zoning
Administrator of the accurate information as soon as this information is known.
SECTION 13. Work Done Without a Permit.
13.1. Emergency Situations. Each person with facilities in the right-of-way shall immediately
notify the City of any event regarding its facilities that it considers being an emergency.
Excavators' notification to Gopher State One Call regarding an emergency situation does not
fulfill this requirement. The owner of the facilities may proceed to take whatever actions are
necessary to respond to the emergency. Within two business days after the occurrence of the
emergency the owner shall apply for the necessary permits, pay the fees associated therewith and
fulfill the rest of the requirements necessary to bring itself into compliance with this Section for
the actions it took in response to the emergency.
If the City becomes aware of an emergency regarding facilities, the City will attempt to contact
the local representative of each facility owner affected, or potentially affected, by the emergency.
In any event, the City may take whatever action it deems necessary to respond to the emergency,
the cost of which shall be borne by the person whose facilities occasioned the emergency.
13.2. Non -Emergency Situations. Except in an emergency, any person who, without first
having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently
obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the
other fees required by this code, deposit with the City the fees necessary to correct any damage to
the right-of-way and comply with all of the requirements of this Section.
SECTION 14. Revocation of Permits.
14.1. Substantial Breach. The City reserves its right, as provided herein, to revoke any
right-of-way permit, without a fee refund, if there is a substantial breach of the terms and
conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A
substantial breach by permittee shall include, but shall not be limited to, the following:
(a) The violation of any material provision of the right-of-way permit;
(b) An evasion or attempt to evade any material provision of the right-of-way permit, or
the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
(c) Any material misrepresentation of fact in the application for a right-of-way permit;
(d) The failure to complete the work in a timely manner; unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the permittee's
control; or
(e) The failure to correct, in a timely manner, work that does not conform to a condition
indicated on an order issued pursuant to Section 18.
14.2. Written Notice of Breach. If the City determines that the permittee has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the permit the City shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations might be cause for revocation of the
permit. A substantial breach, as stated above, will allow the City, at its discretion, to place
additional or revised conditions on the permit to mitigate and remedy the breach.
14.3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification
of the breach, permittee shall provide the City with a plan, acceptable to the City, which will cure
the breach.
Permittee's failure to so contact the City, or the permittee's failure to submit an acceptable plan, or
permittee's failure to reasonably implement the approved plan, shall be cause for immediate
revocation of the permit.
14.4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse
the City for the City's reasonable costs, including restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
SECTION 15. Mapping Data.
15.1. Information Required. Each permittee shall provide mapping information required by
the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days
following completion of any work pursuant to a permit, the permittee shall provide the Zoning
Administrator accurate maps and drawings certifying the "as -built" location of all equipment
installed, owned and maintained by the permittee. Such maps and drawings shall include the
horizontal and vertical location of all facilities and equipment and shall be provided in a format
consistent with the city's electronic mapping system, when practical or as a condition imposed by
the Zoning Administrator. Failure to provide maps and drawings pursuant to this subsection shall
subject the permittee to the delay penalties established in accordance with Section 1.04 and may
affect the grant of any future permits for right-of-way excavation or obstruction.
15.2. Service Laterals. All permits issued for the installation or repair of service laterals, other
than minor repairs as defined in Minnesota Rules 7560.0150 Subpart 2, shall require the
permittee's use of appropriate means of establishing the horizontal locations of installed service
laterals, and the service lateral vertical locations in those cases where the City reasonably requires
it. Permittees or their subcontractors shall submit to the City evidence of the installed service
lateral locations. Compliance with this Section and with applicable Gopher State One Call law
and Minnesota Rules governing service laterals shall be a condition of any City approval
necessary for: 1) payments to contractors working on a public improvement project (including
those under Minnesota Statutes, Chapter 429); and 2) City approval of performance under
development agreements, or other subdivision or site plan approval under the City's official land
use controls. The City shall reasonably determine the appropriate method of providing such
information. Failure to provide prompt and accurate information on the service laterals installed
may result in the revocation of the permit issued for the work or for future permits to the
offending permittee or its subcontractors.
SECTION 16. Location of Facilities; Undergrounding.
16.1. Purpose. The purpose of this section is to promote the health, safety and general welfare
of the public and is intended to foster (i) safe travel over the right-of-way, (ii) non -travel related
safety around homes and buildings where overhead feeds are connected and (iii) orderly
development in the City. Location and relocation, installation and reinstallation of Facilities in the
right-of-way must be made in accordance with this section. This section is intended to be
enforced consistently with state and federal law regulating right-of-way users, specifically
including but not limited to Minnesota Statutes, §§ 161.45, 237.162, 237.163, 300.03, 222.37,
238.084 and 21613.36 and the Telecommunications Act of 1996, Title 47, USC Section 253.
16.2. Undergrounding of Facilities. Unless otherwise agreed in a franchise between the
applicable right-of-way user and the City, facilities placed in the public right-of-way must be
located, relocated and maintained underground pursuant to the terms and conditions of this
section and in accordance with applicable construction standards.
16.3. Undergrounding of New Facilities. A new facility or a permanent extension of facilities
must be installed and maintained underground when supplied to:
(a) a new installation of buildings, signs, streetlights or other structures;
(b) a new subdivision of land; or
(c) a new development containing new commercial or industrial buildings.
16.4. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities. A
permanent replacement, relocation or reconstruction of a facility of more than 300 feet must be
located, and maintained underground, with due regard for seasonal working conditions. For
purposes of this section, reconstruction means any substantial repair of or any improvement to
existing facilities. Undergrounding is required whether a replacement, relocation or
reconstruction is initiated by the right-of-way user owning or operating the facilities, or by the
City in connection with (1) the present or future use by the City or other local government unit of
the right-of-way for a public project, (2) the public health or safety, or (3) the safety and
convenience of travel over the right-of-way.
16.5. Corridors. The City may assign specific corridors within the right-of-way, or any
particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the City expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the City involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue.
16.6. Limitation of Space. The Zoning Administrator shall, to the extent possible,
accommodate all existing and potential users of the right-of-way. In doing so, the Administrator
shall be guided by consideration of the public interest, including the public's needs for the
particular utility service, the condition of the right-of-way, the time of year with respect to
essential utilities, the protection of existing facilities in the right-of-way, and future City plans for
public improvements and development projects.
SECTION 17. Retirement of Overhead Facilities. The City Council may determine whether it is in the
public interest that all facilities within the City, or within certain districts designated by the City, be
permanently placed and maintained underground by a date certain or target date, independently of
undergrounding required pursuant to Section 16 of this Ordinance. The decision to underground existing
facilities must be preceded by a public hearing, after notice published for two consecutive weeks and
written notice mailed to the utilities affected at least 30 days prior to the hearing. At the hearing the City
Council must consider, at a minimum, all of the issues stated in 17.2 below and make findings.
Undergrounding of existing facilities may not take place until the City Council has, after hearing and
notice, adopted a plan in accordance with 17.3 below.
17.1. Public Hearings. A hearing must be open to the public and may be continued from time
to time. At each hearing any person interested must be given an opportunity to be heard. The
subject of the public hearings shall be the issue of whether Facilities in the right-of-way in the
City, or located within a certain district, shall all be located underground by a date certain.
Hearings are not necessary for the undergrounding required under Section 16 of this Ordinance.
17.2. Public Hearing Issues. The issues to be addressed at the public hearings include but are
not limited to:
(a) The costs and benefits to the public of requiring the undergrounding of all facilities
in the right-of-way.
(b) The feasibility and cost of undergrounding all facilities by a date certain as
determined by the City and the affected utilities.
(c) The tariff requirements, procedure and rate design for recovery or intended recovery
of incremental costs for undergrounding by the utilities from ratepayers within the City.
(d) Alternative financing options available if the City deems it in the public interest to
require undergrounding by a date certain and deems it appropriate to participate in the
cost otherwise borne by the ratepayers.
Upon completion of the hearing or hearings, the City Council must make written findings on
whether it is in the public interest to establish a plan under which all facilities will be
underground, either Citywide or within districts designated by the City.
17.3. Undergrounding Plan. If the City finds that it is in the public interest to underground all
or substantially all facilities in the public right of way, the City must establish a plan for such
undergrounding. The plan for undergrounding must include at least the following elements:
(a) Timetable for the undergrounding.
(b) Designation of districts for the undergrounding unless, undergrounding plan is
Citywide
(c) Exceptions to the undergrounding requirement and procedure for establishing such
exceptions.
(d) Procedures for the undergrounding process, including but not limited to coordination
with City projects and provisions to ensure compliance with nondiscrimination
requirements under the law.
(e) A financing plan for funding of the incremental costs if the City determines that it
will finance some of the undergrounding costs, and a determination and verification of
the claimed additional costs to underground incurred by the utility.
(f) Penalties or other remedies for failure to comply with the undergrounding.
SECTION 18. Damage to Other Facilities. When the City does work in the right-of-way and finds it
necessary to maintain, support, or move facilities to protect its workers or its project, the Zoning
Administrator shall notify the local representative as early as is reasonably possible. The costs associated
therewith will be billed to that facility owner and must be paid within thirty (30) days from the date of
billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way
which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any
damage to the facilities of another caused during the City's response to an emergency occasioned by that
owner's facilities.
SECTION 19. Right -of -Way Vacation. If the City vacates a right-of-way that contains facilities, the
facility owner's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
SECTION 20. Indemnification and Liability. By applying for and accepting a permit under this
Section, a permittee agrees to defend and indemnify the City in accordance with the provisions of
Minnesota Rule 7819.1250.
SECTION 21. Abandoned Facilities. Any person who has abandoned facilities in any right-of-way
shall remove them from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless the Zoning Administrator waives this requirement. Failure to remove
abandoned facilities may affect the grant of any future permits to the person responsible for the
abandoned facilities.
SECTION 22. Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a
permit; (3) has had permit revoked; (4) believes that the fees imposed are invalid; or (5) disputes a
determination of the City regarding Section 1.16 Subdivision 2 of this Ordinance, may have the denial,
revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City
Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the
City Council affirming the denial, revocation, or fee imposition will be writing and supported by written
findings establishing the reasonableness of the decision.
SECTION 23. Reservation of Regulatory and Police Powers. A permittee's rights are subject to the
regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the
health, safety and welfare of the public.
SECTION 24. Severability. If any portion of this chapter is for any reason held invalid by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter
precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition
to requirements set forth herein.
SECTION 25. Effective Date. This Ordinance shall take effect and be in force from and after its
passage and publication.
Dated: , 2010
Robert Uzpen — Mayor William Short - Clerk
Summary of Ordinance 113 approved by City Council and published in the White Bear Press on
.2010.
CITY OF GEM LAKE, MN
_ City Hall - 4200 Otter Lake Road
.jjr
Gem Lake, MN 55110-3763 f
Telephone 651-747-2790
Email City@gemlakeMN.org
Commissioner of Public Safety
Town Square Building
444 Cedar Street
Saint Paul, Minnesota 55101
Dear Commissioner:
Pursuant to Minn. Stat. § 169.999, subd 1(e), the City of Gem Lake is writing to inform
the commissioner of Public Safety that it has passed a resolution authorizing the city
issuance of administrative fines for certain traffic offenses. A copy of the resolution is
enclosed with this letter.
Sincerely,
William F. Short,
City Clerk for the City of Gem Lake
Look for us on the World Wide Web at gemlakeran.org
Claims For Payment
CITY OF GEM LAKE
Period Ending: 01/19/2010
Signatures Approving Claims I Date ofApprovall
Robert Uzpen, Mayor
Jim Lindner, Council
Gretchen Artig-Swomley, Council
Tom Rasmussen, Council
Jessie Hart, Treasurer
Fund Totals 1 1 $ Amount
General Fund
15,255.54
Parks & Playgrounds
0.00
2004 Debt Service Fund
35,321.17
2006 Debt Service Fund
24,407.50
2007 Debt Service Fund
32,827.50
City Hall Construction Fund
0.00
Scheuneman Road Improvements
1,204.68
Sewer Fund
1,859.68
Total All Funds 110,876.07
Included above are the pre -paid checks paid on December 30, 2009.
1/19/10 at 08:01:41.85
City of Gem Lake
Check Register
Page: 1
For the Period From Dec 30, 2009 to Jan 19, 2010
Finer Criteria includes:
Report order is by Check Number.
.eck #
Date
Payee
Amount
7859
12/30/09
Fed Ex Office
207.60
7860
12/30/09
Todd Kirchhammer
590.65
7861
12/30/09
Julie Newkirk
150.00
7862
12/30/09
QWEST
95.24
7863
12/30/09
Rick Johnson Deer & Beaver Inc
100.00
7864
12/30/09
SEH
514.30
7865
12/30/09
T.A. Schifsky & Sons, Inc.
2,269.06
7866
12/30/09
White Bear Township
2,898.64
7867
12/30/09
Press Publications
164.56
7868
12/30/09
SEH
1,040.12
7869
1/19/10
FedEx Office
205.62
7870
1/19/10
Kelly & Lemmons, PA
2,254.99
7871
1/19/10
Julie Newkirk
150.00
7872
1/19/10
Press Publications
28.30
,173
1/19/10
City of Roseville
1,360.00
7874
1/19/10
Ryan Green
300.00
7875
1/19/10
SEH
50.96
7876
1/19/10
Sentry Sytstems, Inc.
331.92
7877
1/19/10
Summitt Inspections
164.00
7878
1/19/10
Waste Management
354.57
7879
1/19/10
City of White Bear Lake
1,460.00
7880
1/19/10
White Bear Township
1,224.43
7881
1/19/10
Xcel Energy
689.26
7882
1/19/10
Gopher State One Call
18.85
7883
1/19/10
Metropolitan Council
1,696.83
7884
1/19/10
Wells Fargo Securities, LLC
35,321.17
7885
1/19/10
Wells Fargo Securities, LLC
24,407.50
7886
1/19/10
Bond Trust Services Corporation
32,827.50
al
110,876.07
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MEMORANDUM
Date: January 19, 2010
To Gem Lake City Council
From Jessie Hart, Treasurer
Re: 4th Quarter / Unaudited YTD 2009 Financial Report
The year 2009 is now over. Attached for your review are the December 31, 2009
Financial Reports. These reports are preliminary as a number of audit adjustments have
not yet been made, however, those adjustments should not impact significantly the
attached information.
Preliminary audit work is scheduled for the week of February 16th —19th and final audit
work is scheduled for the weeks of March 22"d — April 2"d. It is anticipated that the final
audit will be presented at the regular meeting in May.
CITY OF GEM LAKE
CASH AND INVESTMENT BALANCE STATEMENT
As of 12/31/2009
Fiscal Year: 2009
Cash and Investments
Balance Balance
Name of Fund 12/O1/2009 Receipts Disbursements 12/31/2009
General Fund
$292,958.99
$35,825.21
$37,402.74
$291,381.46
Parks and Playgrounds
$36,699.17
$48.88
$0.00
$36,748.05
2004 Debt Service Fund
$123,724.67
$28,867.47
$0.00
$152,592.14
2006 Debt Service Fund
$126,437.08
$12,346.22
$0.00
$138,783.30
2007 Capital Improvement Bonds
$71,668.93
$11,299.00
$0.00
$82,967.93
Street Improvement
$0.00
$0.00
$0.00
$0.00
City Hall Construction
$0.00
$0.00
$0.00
$0.00
Scheuneman Road Improvemetns
($168,574.03)
$58,554.39
$19,935.69
($129,955.33)
Hoffman Road Improvements
$0.00
$25,674.55
$0.00
$25,674.55
Sewer Enterprise Fund
$322,332.25
$2,705.70
$1,715.68
$323,322.27
Investment Trust Fund
$771.71
$386.10
$1,157.81
$0.00
$806,018.77
$175,707.52
$60,211.92
$921,514.37
Premier Checking $611,449.58
Premier CD's $243,746.22
Wells Fargo Investments $50,000.00
Wells Fargo Money Market $16,318.57
$921,514.37
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City of Gem Lake
GENERAL FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Annual Year to Date Year to Date
1311dcet Actual Variance ° Cml�lrtc
REVENUES
Property Taxes
Current Property Taxes
$ 401,906 $
391,600.04
10,305.96 97.44
Delinq Property Taxes
0
17,943.72
(17,943.72) 0.00
Fiscal Disparity Taxes
13,183
11,040.21
2,142.79 83.75
Penalties & Interest
0
398.87
(398.87) 0.00
Licenses and Permits
General Business Licenses
0
1,900.00
(1,900.00)
0.00
On -Sale Liquor License
5,100
5,100.00
0.00
100.00
Off -Sale Liquor Licenses
100
0.00
100.00
0.00
Other Permits
1,000
0.00
1,000.00
0.00
Tobacco License
700
350.00
350.00
50.00
Charitable Gambling License
100
225.00
(125.00)
225.00
Contractor License
450
450.00
0.00
100.00
Building Permits
2,000
1,546.39
453.61
77.32
Plumbing Permits
1,500
342.50
1,157.50
22.83
Mechanical Permits
1,200
235.00
965.00
19.58
Electrical Permits
1,000
205.00
795.00
20.50
Fire Marshall Inspection
4,050
2,915.00
1,135.00
71.98
Septic Inspection Fee
0
2,705.00
(2,705.00)
0.00
State Permit Charge
100
57.42
42.58
57.42
Dog Licenses
500
270.00
230.00
54.00
Intergovernmental Revenues
Local Government Aids
2,808
0.00
2,808.00
0.00
MVHC (Homestead Credit)
5,000
0.00
5,000.00
0.00
County Grants & Aids
0
27.93
(27.93)
0.00
SCORE Recycling Grant
0
873.00
(873.00)
0.00
Cable TV Franchise Fees
3,000
4,303.90
(1,303.90)
143.46
Police State Aid
4,170
3,892.00
278.00
93.33
Charges for Services
Variance Fee
500
0.00
500.00
0.00
Plan Review
500
97.14
402.86
19.43
Sale of Supplies
25
0.00
25.00
0.00
Engineering Charges
500
0.00
500.00
0.00
Charges for Legal Fees
500
0.00
500.00
0.00
Investment Admin Charge
575
456.40
118.60
79.37
Fines and Forfeits
Fines 2,000 1,773.50 226.50 88.68
Miscellaneous
Interest Earnings
5,283
3,699.74
1,583.26
70.03
Charitable Gambling Contributi
3,000
3,740.00
(740.00)
124.67
Miscellaneous
2,000
377.00
1,623.00
18.85
Insurance Policy Dividends
150
768.00
(618.00)
512.00
Facility Rental
18,570
16,270.02
2,299.98
87.61
Total Revenues
481,470
473,562.78
7,907.22
98.36
City of Gem Lake
GENERAL FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Annual
Year to Date
Year to Date
Bud et
Actual
Variance
% Complete
EXPENDITURES
City Council
Wages and Salaries
5,356
5,356.00
0.00
100.00
Employer Paid Insurance
410
409.76
0.24
99.94
Conference Registrations
1,375
555.00
820.00
40.36
Other Insurance
200
0.00
200.00
0.00
Council Contingency
18,475
0.00
18,475.00
0.00
Clerk
Wages and Salaries
11,882
13,651.21
(1,769.21)
114.89
Office Supplies
2,500
580.71
1,919.29
23.23
Postage - General
50
230.87
(180.87)
461.74
Administration
5,000
3,481.50
1,518.50
69.63
Conference Registrations
500
0.00
500.00
0.00
Mileage
300
55.00
245.00
18.33
Recording Secretary
2,000
1,877.50
122.50
93.88
Office Equip & Furnishings
3,000
0.00
3,000.00
0.00
Elections
Operating Supplies
200
0.00
200.00
0.00
Miscellaneous
150
410.31
(260.31)
273.54
Printing and Binding
50
0.00
50.00
0.00
Financial Administration
Auditing Services
7,600
7,600.00
0.00
100.00
Financial Services
25,000
28,034.14
(3,034.14)
112.14
Computer Services
500
0.00
500.00
0.00
Legal Services
Prosecution
7,000
1217.50
5,782.50
17.39
Legal
25,000
24:741.85
258.15
98.97
Legal - Land Issues
10,000
4,985.00
5,015.00
49.85
General Government
Office Supplies
1,000
1,085.56
(85.56)
108.56
Postage - Newsletter
0
1,062.39
(1,062.39)
0.00
Miscellaneous
100
130.56
(30.56)
130.56
Internet Connection
500
0.00
500.00
0.00
Web Site
5,000
750.00
4,250.00
15.00
Computer Services
1,500
1,360.00
140.00
90.67
Legal Notice Publication
3,000
3,299.57
(299.57)
109.99
Newsletter/Public Relations
3,500
3,116.10
383.90
89.03
General Liability Insurance
1,800
1,526.26
273.74
84.79
Vehicle Insurance
0
64.47
(64.47)
0.00
Public Officials Liablitliy
100
57.00
43.00
57.00
Recycling Collection
4,500
4,245.30
254.70
94.34
League of MN Cities
650
491.00
159.00
75.54
RCLLG
200
100.00
100.00
50.00
Subscriptions
25
20.00
5.00
80.00
Gambling Distributions
5,000
4,866.83
133.17
97.34
Planning and Zoning
Professional Services
20,000
0.00
20,000.00
0.00
Administration
10,000
1,122.00
8,878.00
11.22
Zoning Administration
2,200
46.00
2,154.00
2.09
NPDES Training
250
0.00
250.00
0.00
NPDES Education
250
0.00
250.00
0.00
NPDES Administration
2,000
0.00
2,000.00
0.00
City of Gem Lake
GENERAL FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Annual
Year to Date
Year to Date
13udLet
Actual
Variance
%Complete
Recording Secretary
1,800
1,050.00
750.00
58.33
Comp Plan Update
25,000
17,125.59
7,874.41
68.50
Heritage Hall
Operating Supplies
2,000
718.00
1,282.00
35.90
Sales Taxe
0
9.24
(9.24)
0.00
Professional Services
8,000
3,090.00
4,910.00
38.63
Contract Services
1,000
1,498.96
(498.96)
149.90
Telephone
1,500
1,182.96
317.04
78.86
Property Insurance
750
662.28
87.72
88.30
Electric Service
3,600
3,704.75
(104.75)
102.91
Gas Service
8,000
1,585.66
6,414.34
19.82
Water/Sewer Utilities
400
1,179.33
(779.33)
294.83
Repairs & Maint - Contractual
500
75.00
425.00
15.00
Reparis & Maint - Building
1,000
2,748.59
(1,748.59)
274.86
Buildings & Structures
3,800
0.00
3,800.00
0.00
Furniture & Office Equipment
600
0.00
600.00
0.00
Other Equipment
8,000
0.00
8,000.00
0.00
Police
Regular Law Enforcement
79,692
79,778.76
(86.76)
100.11
Special Law Enforcement
100
0.00
100.00
0.00
Dispatch Costs
2,466
2,466.00
0.00
100.00
Administration
700
0.00
700.00
0.00
Miscellaneous
125
0.00
125.00
0.00
Fire
Fire Services
14,109
14,109.00
0.00
100.00
Fire Marshall Service
3,730
3,730.00
0.00
100.00
Animal Control
Animal Removal
500
100.00
400.00
20.00
Animal Enforcement
175
601.69
(426.69)
343.82
Building Inpsection
Computer Services
0
503.97
(503.97)
0.00
Building Inspections
5,000
8,558.50
(3,558.50)
171.17
Building Secretary
1,500
759.75
740.25
50.65
Code Enforcement
1,000
0.00
1,000.00
0.00
Computer Services
1,500
0.00
1,500.00
0.00
Road Maintenance
Gravel
1,500
0.00
1,500.00
0.00
Signs, Sign Repair Materials
700
424.20
275.80
60.60
Engineering
8,000
7,003.10
996.90
87.54
NPDES Administration
12,500
15581.25
(3,081.25)
124.65
Street Lights
1,200
1:010.82
189.18
84.24
ROW Maintenance
12,000
2,213.68
9,786.32
18.45
Street Repairs
8,800
2,093.34
6,706.66
23.79
Dues & Subscriptons
50
42.19
7.81
84.38
Ice and Snow Removal
Salt and Sand
5,800
3,213.00
2,587.00
55.40
Sales Tax
250
210.57
39.43
84.23
Snow Plowing
11,000
6,893.50
4,106.50
62.67
Other Financing Uses
Operating Transfers OUT
55,000
152,098.25
(97,098.25)
276.54
City of Gem Lake
GENERAL FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Annual Year to Date Year to Date
l3udizet Actual Variance % Complete
Total Expenditures 481,470 452,551.32 28,918.68 93.99
Excess Rev Over (Under) Exp $ 0 $ 21,011.46 (21,011.46) 0.00
REVENUES
Park Dedication Fees
Interest Earnings
Total Revenues
EXPENDITURES
Total Expenditures
Excess Rev Over (Under) Exp
City of Gem Lake
PARKS AND PLAYGROUNDS FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date Year to Date Year to Date
Budget Actual Variance
$ 2,000 $ 0.00 (2,000.00)
R9d 592_86 (301.14)
2,894 592.86 (2,301.14)
0 0.00 0.00
$ 2,894 $ 592.86 (2,301.14)
%Comi)lete
0.00
66.32
20.49
0.00
20.49
City of Gem Lake
2004 DEBT SERVICE FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date Year to Date
Year to Date
Bu et Actual
Variance
% Complete
REVENUES
Current Special Assessments
$ 72,000 $ 70,048.08
(1,951.92)
97.29
Delinq Special Assessments
0 105.89
105.89
0.00
Penalties & Interest
0 15,225.12
15,225.12
0.00
Interest Earnings
2,551 1,915.81
(635.19)
75.10
Total Revenues
74,551 87,294.90
12,743.90
117.09
EXPENDITURES
Principal
54,156
54,156.00
0.00
100.00
Interest
16,486
16,486.34
0.34
100.00
Fiscal Agent Fees
50
0.00
(50.00)
0.00
Total Expenditures
70,692
70,642.34
(49.66)
99.93
Excess Rev Over (Under) Exp
$ 3,859 $
16,652.56
12,793.56
431.53
REVENUES
Current Special Assessments
Penalites & Interest
Interest Earnings
Total Revenues
EXPENDITURES
Principal
Interest
Fiscal Agent Fees
Total Expenditures
Excess Rev Over (Under) Exp
City of Gem Lake
2006 DEBT SERVICE FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date Year to Date Year to Date
Budget Actual Variance
$ 28,000 $ 31,105.12 3,105.12
0 7,398.18 7,398.18
2,570 1,892.80 (677.20)
30,570 40,396.10 9,826.10
20,000 20,000.00 0.00
9,245 9,245.00 0.00
50 0.00 (50.00)
29,295 29,245.00
$ 1,275 $ 11,151.10
(50.00)
9,876.10
% Complete
111.09
0.00
73.65
132.14
100.00
100.00
0.00
99.83
874.60
City of Gem Lake
2007 DEBT SERVICE FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date
Year to Date
Year to Date
Budeet
Actual
Variance
". Complete
REVENUES
Current Property Taxes
$ 23,900
$ 21,625.11
(2,274.89)
90.48
Delinquent Property Taxes
0
2,490.87
2,490.87
0.00
Fiscal Disparities
0
609.82
609.82
0.00
Interest Earnings
1,079
1,314.24
235.24
121.80
Total Revenues
24,979
26,040.04
1,061.04
104.25
EXPENDITURES
Principal
15,000
15,000.00
0.00
100.00
Interest
35,955
35,955.00
0.00
100.00
Fiscal Agent Fees
450
550.00
100.00
122.22
Total Expenditures
51,405
51,505.00
100.00
100.19
Excess Rev Over (Under) Exp
$ (26,426)
$ (25,464.96)
961.04
96.36
REVENUES
Transfers from Other Funds
Total Revenues
EXPENDITURES
City of Gem Lake
CITY HALL CONSTRUCTION
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date Year to Date Year to Date
Budizet Actual Variance
$ 30,000 $ 27,098.25 (2,901.75)
JV,VVV
(2,901.75)
% Complete
90.33
90.33
Total Expenditures
0
0.00
0.00
0.00
Excess Rev Over (Under) Exp
$ 30,000 $
27,098.25
(2,901.75)
90.33
REVENUES
County Grants & Aids
Current Special Assessments
Interest Earnings
Total Revenues
EXPENDITURES
Engineering
Legal
Legal Notice Preparation
Construction
Total Expenditures
Excess Rev Over (Under) Exp
City of Gem Lake
SCHEUNEMAN ROAD IMPROVEMENTS
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date Year to Date Year to Date
Budget Actual Variance % Complete
$ 0 $ 44,460.00 44,460.00 0.00
0 14,094.39 14,094.39 0.00
0 (110.26) (110.26) 0.00
0 58,444.13 58,444.13 0.00
0 29,500.00
0 1,094.25
0 1,106.96
0 156,768.25
u iao,�v7.�+o
29,500.00
0.00
1,094.25
0.00
1,106.96
0.00
156,768.25
0.00
188,469.46 0.00
(130,025.33) 0.00
REVENUES
County Grants & Aids
Interest Earnings
Total Revenues
EXPENDITURES
Total Expenditures
Excess Rev Over (Under) Exp
City of Gem Lake
HOFFMAN ROAD IMPROVEMENTS
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date Year to Date Year to Date
Budeet Actual Variance " Complete
$ 0 $ 25,666.00 25,666.00 0.00
0 8.55 8.55 0.00
0 25,674.55 25,674.55 0.00
0 0.00 0.00 0.00
$ 0 $ 25,674.55 25,674.55 0.00
City of Gem Lake
SEWER ENTERPRISE FUND
Budgeted Statement of Revenues and Expenditures
For the Twelve Months Ending December 31, 2009
Year to Date
Year to Date
Year to Date
Budeet
Actual
Variance
% Complete
REVENUES
Local SAC
$ 1,200 $
650.00
(550.00)
54.17
Metro SAC
0
20.00
20.00
0.00
Residential Sewer Revenues
60,000
8,734.60
(51,265.40)
14.56
Commercial Sewer Revenues
0
34,119.60
34,119.60
0.00
Transfers from Other Funds
25,000
0.00
(25,000.00)
0.00
Interest Earnings
3,718
3,270.11
(447.89)
87.95
Transfers from Other Funds
0
125,000.00
125,000.00
0..00
Total Revenues
89,918
171,794.31
81,876.31
191.06
EXPENDITURES
Wages and Salaries
2,520
0.00
(2,520.00)
0.00
Employer Contrib - Retirement
195
0.00
(195.00)
0.00
Office Supplies
500
539.99
39.99
108.00
Postage
200
0.00
(200.00)
0.00
Auditing Services
7,500
1,900.00
(5,600.00)
25.33
Engineering
10,000
0.00
(10,000.00)
0.00
Legal
200
0.00
(200.00)
0.00
Administration
7,500
0.00
(7,500.00)
0.00
MCES Charges
18,000
19,472.64
1,472.64
108.18
Locates
800
537.75
(262.25)
67.22
Financial Services
6,000
21728.00
(3,272.00)
45.47
Computer Services
500
319.60
(180.40)
63.92
Repairs & Maint - Contractual
10,000
0.00
(10,000.00)
0.00
Sewer Inspections
20,000
0.00
(20,000.00)
0.00
Total Expenditures
83,915
25,497.98
(58,417.02)
30.39
Excess Rev Over (Under) Exp
$ 6,003 $
146,296.33
140,293.33
2,437.05
City of Gem Lake, MN
Resolution No.2010 — 01
January 19, 2010
A RESOLUTION APPOINTING INDIVIDUALS AND FIRMS TO PERFORM THE
FUNCTIONS NECESSARY FOR SUPPORTING THE GOVERNING BODY OF THE
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA.
WHEREAS, the individuals, municipalities and or companies identified have agreed to
serve in the appointed positions identified for the period 01 January 2010 to 31 December
2010 or until replaced by another in an updated resolution.
Appointed City Officials and other appointed companies to represent the City.
Per Statue these positions/businesses are required.
Back-up Mayor: Gretchen Artig-Swomley
City Clerk: William Short WBT
City Treasurer: Jessie Hart WBT
Data Practices Responsible Authority: Jean Reiter and Jessie Hart
Official City Depository (Bank) Premier Bank
Official City Publication (for public notices) White Bear Press
City Committees or Commissions
Planning Commission
Craig Rafferty Chairman to January 2013
Plan Review Committee
Craig Rafferty
James Lindner
Other City Positions
City Prosecuting Attorney: Attorney Robb Olsen
City Auditor: LarsonAllen
City Emergency Services Director: James Lindner
City Engineers: Short Elliot Henderson (SEH)
City Code Enforcement Officer - Michael Johnson WBT
City Attorney: Kelly & Lemmons P.A.
City Planner: WBT
City Accountant: WBT
Zoning Administrator: Robert Uzpen
Heating and Air Conditioning: Corporate Mechanical
Health and Services Representative: Doctor Kimberly Anderson-Uzpen
City Inspectors
Chief Building Official - Michael Johnson WBT
Building Inspector - Michael Johnson WBT
Plumbing Inspector - Michael Johnson WBT
ISTS/Sewer Inspector — New Systems — Michael Johnson WBT
ISTS Inspector — Annual inspections — Brian Humpal
Mechanical/HVAC Inspector — Michael Johnson WBT
Electrical Inspector — James Manteufel — Summit Inspections
Weed Inspector — Robert Uzpen
Contractors for City services
City Permit/License Bureau Operator (Issues permits and licenses) WBT
City utility and other billing Contractor — WBT
City secretary/receptionist — Supplied by Ramsey County Sheriff
Sewer Inspection/Maintenance Contractor — WBT
Law Enforcement Contractor — Ramsey County Sheriff
Fire, Fire Marshall, Paramedic Contractor — City of White Bear Lake Fire Dept.
Animal Control Contractor — Animal Control Services Richard Ruzicka
City Public Works Coordinator WBT
IT and VIOP telephone coordinator — City of Roseville
City Representatives to outside groups and organizations
Ramsey County League of Local Government Reps Primary: Thomas Rasmussen
Alternate: Robert Uzpen
VLAWMO Board of Directors member — Primary: Robert Uzpen
VLAWMO Technical Commissioner - TBD
I-35 E Corridor Management Team: Gretchen Artig-Swomley
RCSD Contract Community Representative: Thomas Rasmussen
INDEX
WBT: White Bear Township
CITY OF GEM LAKE
RESOLUTION No. 2010-02
A RESOLUTION AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN
TRAFFIC OFFENSES PURSUANT TO MINN. STAT. § 169.999
WHEREAS: The City is authorized to provide for the issuance of administrative citations for specific
traffic offenses designated at Minn. Stat. § 169.999, subd. 1(b)(1), (2) and (3), in the
amount designated at Minn. Stat. § 169.999, subd. 5, as it may be amended from time to
time; and
WHEREAS: The authority to issue administrative traffic citations authorized by this resolution is
reserved by law exclusively to licensed peace officers; and
WHEREAS: City peace officers may not issue administrative traffic citations in violation of Minn.
Stat. § 169.999; and
WHEREAS: The City is required to notify a recipient of an administrative traffic citation of his or her
right to contest the citation and to appoint a neutral third party to hear and rule on
challenges to administrative traffic citations authorized by this resolution; and
WHEREAS: Minn. Stat. § 169.999 contains numerous requirements related to the issuance of
administrative traffic citations including but not limited to prescribing a uniform traffic
citation form, use and sharing of fine revenues, and other administrative measures;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEM LAKE,
MINNESOTA:
1) The City hereby authorizes the issuance of administrative citations for traffic offenses designated
at Minn. Stat. § 169.999, subd. 1(b)(1), (2) and (3), as it may be amended from time to time; and
2) The City hereby sets the fine for committing an administrative traffic violation designated by
Minn. Stat. § 169.999 and this resolution at the amount designated by Minn. Stat. § 169.999, subd.
5, as it may be amended from time to time; and
3) The City hereby directs that only licensed peace officers may issue administrative traffic citations
authorized by this resolution; and
4) The City hereby directs that no peace officer may issue an administrative traffic citation in
violation of Minn. Stat. § 169.999; and
5) The City hereby directs that no administrative traffic citation authorized by this resolution may be
issued to a holder of a commercial driver's license or the driver of a commercial vehicle in which
the administrative violation was committed; and
6) The City hereby directs the appointment of a neutral third party to hear and rule on challenges to
administrative traffic citations authorized by this resolution. Such appointment may be renewed
annually at the first meeting of the year as all other Council appointments, or more immediately
as the Council directs, in its sole, reasonable discretion;
7) The City hereby adopts the uniform administrative traffic citation form prescribed by the
Commissioner of Public Safety;
8) The City hereby authorizes City staff to create materials as necessary to supplement the uniform
administrative traffic citation to provide recipients of an administrative traffic citation with
information related, but not limited to, the recipient's right to challenge the citation; the City's
process for handling challenges to administrative traffic citations; the location, dates, and times
designated to hear traffic citation challenges; the process for paying a traffic citation; and the
effect of an administrative traffic citation on a recipient's driving record; and
9) City staff is hereby directed to inform the Commissioner of Public Safety of the passage of this
resolution;
10) The City designates the Ramsey County Sheriff's Department, as the law enforcement agency for
the City, as its agent for the management of the administrative traffic citation program. Personnel
of the Sheriff's Department shall apply the State law, this resolution, and any procedural
ordinance adopted by the City relating to administrative traffic citations to carry out the program.
The Sheriffs Department shall assign hearing cases to hearing officers appointed by the City.
The Sheriff's Department shall collect and administer revenue and expenses of the administrative
traffic citations issued in the City, and separately account for administrative traffic citations
authorized by this resolution. The Department shall account for the portion of fine revenue that
must be applied to law enforcement expenditures. The Sheriffs Department shall provide the
City with information about the program required to be included in City financial reports,
summaries, and audits in keeping with common accounting practices and standards;
The motion for the adoption of the foregoing resolution was proposed by Council member
and was duly seconded by Council member and upon vote being taken
thereon, the following voted in favor:
And the following voted against the same:
Whereupon said resolution was declared duly passed and adopted by the City Council of the City of Gem
Lake, on January 19, 2010.
I IIVA
Robert Uzpen, Mayor
ATTEST:
William F. Short, City Clerk
MEMORANDUM
Date: January 19, 2010
To: Gem Lake City Council
From: Jessie Hart, Treasurer
Re: Audit Services for the Year Ended December 31, 2009
LarsonAllenO LLP submitted a proposal in 2007 for the audit of the City's financial
records for the years 2007 — 2011 which provided all-inclusive maximum prices for each
of the years. The proposal to perform the audit of the City's financial records for the
year ending December 31, 2009 is $9,800, which is consistent with the original
proposal. Past audit services have cost the City as follows:
Audit
Year
Cost
2009
$ 9,800
2008
$ 9,500
2007
$ 12,500
The finance staff, as in the past, will provide all possible information and schedules so
that the audit costs will be minimized where possible.
Staff was comfortable with the audit services last year and has had a long relationship
with the audit firm through White Bear Township. I recommend accepting their proposal
to perform audit services of the City's financial records for the period ending December
31, 2009 at an all-inclusive price of $9,800 and authorize the Mayor to sign the
engagement letter.
City of Gem Lake, MN
Resolution No. 2010 — 03
A RESOLUTION AUTHORIZING AUDIT SERVICES FOR THE YEAR ENDING
2009 AND PAYMENT FOR THE SERVICES.
WHEREAS, The City of Gem Lake maintains financial records,
WHEREAS, The City of Gem Lake desires that these records be audited for the year
ending 2009 by a Certified Public Accounting firm,
BE IT RESOLVED, that the City Treasurer has recommended that the Accounting Firm
of LarsonAllen LLP perform this audit at the cost of $9,800 and that the City Treasurer
and City Mayor be authorized to sign all necessary agreements to accomplish this audit.
WHEREUPON, the above resolution was adopted at the January 19, 2010 regular City
Council Meeting for the City of Gem Lake, Ramsey County Minnesota, made by Council
Member and seconded by Council Member
ATTEST
I, William Short, the duly qualified City Clerk of the City of Gem Lake, County of
Ramsey, State of Minnesota, do hereby certify that the foregoing resolution is a true and
accurate representation of action taken by the City Council of the City of Gem Lake on
the date first written.
William Short, City Clerk
Date
MEMORANDUM
Date: January 19, 2010
To: City Council
From: Jessie Hart, Treasurer
Re: 2010 Fire Contract
The City of Gem Lake has received the 2010 fire contract from the City of White
Bear Lake for fire services and fire inspection services (fire marshal). The
contract and contract formula is the same as it has been in past contracts. The
City's 2010 budget included $18,196 for these services and the contract states
the City's share of the cost for these services is $17,520, which is a 1.78%
decrease from 2009 and $676 less than the 2010 budget.
It is staffs recommendation to approve the 2010 fire contract with the City of
White Bear Lake for fire and inspection services.
City of Gem Lake, MN
Resolution No. 2010 — 04
A RESOLUTION AUTHORIZING THE CITY OF WHITE BEAR LAKE TO
PERFORM FIRE SERVICES AND FIRE INSPECTION SERVICES FOR THE YEAR
ENDING 2010 AND PAYMENT FOR THE SERVICES.
WHEREAS, The City of Gem Lake does not maintain a Fire Department,
WHEREAS, The City of Gem Lake requires such services and out sources those services
to The City of White Bear Lake,
BE IT RESOLVED, that the City Treasurer has received a contract from The City of
White Bear Lake for such services for the calendar year 2010 at a cost of $17,520 and
recommends accepting this contract and authorizing the Mayor to sign all necessary
contracts.
WHEREUPON, the above resolution was adopted at the January 19, 2010 regular City
Council Meeting for the City of Gem Lake, Ramsey County Minnesota, made by Council
Member and seconded by Council Member
ATTEST
I, William Short, the duly qualified City Clerk of the City of Gem Lake, County of
Ramsey, State of Minnesota, do hereby certify that the foregoing resolution is a true and
accurate representation of action taken by the City Council of the City of Gem Lake on
the date first written.
William Short, City Clerk
Date
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 112 (Summary)
SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, § 412.191, a summary of an
ordinance may be published. While a copy of the entire ordinance is available without cost at the
office of the City Clerk, the following summary is approved by the City Council and shall be
published in lieu of publishing the entire ordinance:
Ordinance 112 establishes procedures for the administrative traffic citations program authorized by
Minn. Stat. § 169.999. Citations issued by City law enforcement may be paid or contested before a
hearing officer retained to provide neutral hearings. A driver receiving a citation may also decline
the process and have the traffic citation handled in District Court as a standard traffic offense. A
complete copy of Ordinance 113 is available at the front desk of Heritage Hall, at 4200 Otter Lake
Road in Gem Lake.