Loading...
HomeMy WebLinkAbout2010 06-15 CCPJ City of Gem Lake, MN City Council Meeting June 15, 2010 W Call To Order Of City Council Meeting — By Mayor Uzpen at 7:_P.M. Call of Roll Uzpen Artig-Swomley Lindner 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 May, 2010 Committee Reports Accept the following Planning Commission Minutes • May 2010 • Planning Commission Report from June meeting. Old Business • News Letter Ideas • National Night Out Proclamation Public Notices • None New Business • Ordinance 118 Renewal of the Xcel Gas Franchise • Ordinance 119 Renewal of the Xcel Electric Franchise • Wind Energy Towers Discussion • Planning Commission Request for Additional Alternate o Paul Emeott Candidate - Resolution 2010 - 08 o Arthur Pratt Candidate - Resolution 2010 - 09 • Claims for June • Monthly Financial Reports • Open Items for the Council Members to bring up. • Presentations from the Public Future Council Meetings • Next Workshop Meeting, July 12 at 7:00 P.M. • Next City Council Meeting, July 20 at 7:00 P.M. Adjournment • The meeting adjourned at Rasmussen Bosak Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, MN 4200 Otter Lake Road _ Gem Lake, MN 55110-3227 Telephone 651-747-2790 E-mail Citv(a)eemlakeMN.or� Minutes of Gem Lake City Council Meeting 15 June 2010 The regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Uzpen on Tuesday, June 15, 2010 at 7:00 pm in the Gem Lake City Hall meeting room. The following members were present: Mayor Robert Uzpen, Councilmembers James Lindner, Gretchen Artig-Swomley, Richard Bosak and Thomas Rasmussen. 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. Upon motion by Councilmember Bosak, and seconded by Councilmember Artig-Swomley, the agenda was approved for June 15, 2010. Ayes — 5, Nays — 0. City Council April Meeting Minutes: The May, 2010 minutes were presented and corrections were needed. Upon motion by Councilmember Artig-Swomley, and seconded by Councilmember Bosak, the minutes of May 2010 were accepted with corrections being made. Ayes — 5, Nays — 0. Planning Commission May Meeting Minutes: The May, 2010 minutes were presented and corrections were needed. Upon motion by Councilmember Artig- Swomley, and seconded by Councilmember Lindner, the Planning Commission minutes of May, 2010 were accepted with corrections being made. Ayes — 5, Nays — 0. Planning Commission Report: Commissioner Maier was not at the Planning Commission meeting in May, so discussion was tabled. OLD BUSINESS Newsletter: It was determined to combine the June and July issue. Topics of discussion to put in the newsletter were to write a feature of volunteers of past years and a feature on Claire Nielson — a past City Council member. Also suggested was the results of the public hearing on the tobacco, liquor, and Gem Lake City Council Meeting Page 2 of 6 gambling license changes. In addition, a feature on the storm water public hearing. Another article on the citywide effort on getting the original number of the Gem Lake residents. Mayor Uzpen attended the 2010 White Bear Lake graduation and presented the scholarship to the Gem Lake resident Senior for secondary schooling. NEW BUSINESS Ordinance 118 Renewal of the Xcel Gas Franchise: Gem Lake has the option to charge a franchise fee under a separate ordinance. The City Council was not in favor of that decision. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak, Ordinance 118 was accepted. Ayes — 5, Nays — 0. Upon motion by Councilmember Bosak and seconded by Councilmember Artig-Swomley, motion was made to accept the summary of Ordinance 118 to be published in the White Bear Press. Ayes — 5, Nays — 0. Ordinance 119 Renewal of the Xcel Electric Franchise: The Council member looked over the information and upon motion by Councilmember Lindner and seconded by Councilmember Artig-Swomley, Ordinance 119 was accepted. Ayes — 5, Nays — 0. Upon motion by Councilmember Rasmussen and seconded by Councilmember Artig-Swomley, motion was made to accept the summary of Ordinance 119 to be published in the White Bear Press. Ayes — 5, Nays — 0. Wind Energy Towers Discussion: Tom Riedesel sent a memo to Gem Lake discussing the steps that need to be made. Mayor Uzpen suggested sending this to the Planning Commission to write up an ordinance and then send it back to the City Council so a vote can be taken on it. The wind tower needs to do a test first that can take six months to a year to test and report the data. The tower needs to be 80 feet high. When it is referred to the Planning Commission to change the ordinance, then a public hearing can take place and notify the surrounding neighbors. With the testing phase, Councilmember Artig-Swomley apply for a conditional use permit. There will be provisions and will need to work with Attorney Trevor Oliver to discuss the legal issues. The Planning Commission already has been in discussion of having a green ordinance. Councilmember Rasmussen feels that the Council needs more education on the subject and needs to be explored. Planning Commission Request for Additional Alternate: Mayor Uzpen explained to the City Council that there are two candidates for the position. The City Council had some questions about the process of adding an alternate and do we need another alternate. Mayor Uzpen stated that the Planning Commission requires three people to make up the committee. The city ordinance states there can be three or more Planning Commission members. Councilmember Rasmussen has heard from the residents that they want fresh new ideas for the Planning Commission. The first Resolution 2010-08 is Paul Emeott. Upon motion by Councilmember Bosak and seconded by Look for us on the World Wide Web at gemlakemn.org J Gem Lake City Council Meeting Page 3 of 6 Councilmember Artig-Swomley, the motion was made to accept Resolution 2010- 08. A voice vote was taken: Mayor Uzpen — no, Councilmember Bosak — yes, Councilmember Artig-Swomley — no, Councilmember Lindner — yes, and Councilmember Rasmussen — no. Resolution 2010-08 does not pass. Ayes — 2, Nays — 3. Resolution 2010-09 Arthur Pratt, upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak to discuss Resolution 2010-09. Councilmember Artig-Swomley feels it is very important to listen to the residents and bring new ideas and new blood to serve on the Planning Commission. A voice vote was taken: Mayor Uzpen — yes, Councilmember Bosak — yes, Councilmember Artig-Swomley — yes, Councilmember Lindner — no, and Councilmember Rasmussen — yes. Resolution 2010-09 passes. Ayes — 4, Nays — 1. Claims for June: The bills for June were discussed and authorized to pay. Upon motion by Councilmember Artig-Swomley and seconded by Councilmember Bosak, motion passes. Ayes — 5, Nays — 0. Monthly Financial Reports: The City Council received and reviewed the handout. As a discussion item, Mayor Uzpen advised that the Met Council sent out the sewer bill projections for 2011 and there will be a three percent increase for the cities in the area except for White Bear Township and Gem Lake. White Bear Township and Gem Lake is a thirteen percent increase. Jessie Hart will be calling the Met Council to get an explanation. OPEN ITEMS FOR THE CITY COUNCIL MEMBERS Met Council Number of People Living in Gem Lake: The city wants to challenge the Met Council of the actual number of people living in Gem Lake. Mayor Uzpen stated that the average household members that he calculated is 2.5 individuals per house. There are 149 homes in the City of Gem Lake. Mayor Uzpen and Councilmember Artig-Swomley will merge their numbers, report this to the Met Council and create an article for the newsletter. Speed Signs in Gem Lake: Councilmember Bosak brought up the subject of placing speed signs to let drivers know how fast they are going. That has been addressed with Ramsey County and not a priority at this time. Lake Area Transit Bus Company: They have merged with MTC, so Gem Lake cannot give the $500 that was allotted last month. There was discussion about giving it to the Lyons Club or the White Bear Lake Food Shelf. Alternatively, it can be put away and add to the scholarship fund. It was suggested to invite a representative from the Lyons Club to explain what they do with driving the residents of Gem Lake around. Will place on hold and do more research. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 4 of 6 PRESENTATION FROM THE PUBLIC Tessier Lane Repairs: Commissioner Herzog is working on the drainage project on Tessier Lane to pave the road and clear some trees. Bids are starting to come in and the bids are high. The average bid is over $7,000. Commissioner Herzog does not want to wait to repave, as the cost does not justify the curb repairs. The curb repairs will be taken out of the bid and will be addressed when the road needs to be replaced. Mayor Uzpen will talk to the residents and explain the situation. Underground Wiring: Resident Paul Emeott asked the question of putting the overhead wires buried underground versus overhead. The question was asked if it was going to go through Gem Lake anytime soon. By the power company's position, there is some savings by not putting the wiring in the ground. Taylor Falls had it done and the electric company paid it, but it was the type of line that required it to be buried. The City Council Members did not feel that this was a priority at this time. Beach Property: The City Council had a discussion on this subject last fall with Terry Tangwell. Attorney Trevor Oliver reviewed his notes and stated that from pictures he saw it is hard to determine if vegetation was lost and he believes that aerial views from 2003, 2006, 2008, and 2009 that no trees were cleared. There is a six-inch layer of beach sand up to fifty feet wide on the property. Attorney Oliver made the suggestion that the Tangwell's and the Larkin's apply for a retroactive permit for the work performed since there was no written authorization from the city to perform the work and the ordinance clearly states that written permission must be obtained from the Planning and Zoning Administrator. Councilmember Lindner was not in favor of this approach. Last fall a discussion took place with Mr. Tangwell that he must bring a restoration plan to the City Council by April 2010. Mr. Tangwell did not do this, instead he went to VLAMO and asked them to create a restoration plan and applied for a grant. The Mayor spoke to Mr. Larkin who stated that he would do whatever the Council wants to be done. At the request of Councilmember Rasmussen, the Mayor tabled this discussion and the Council will discuss at the next Workshop and vote at the July meeting. Mayor Uzpen advised Mr. Tangwell that it was stated in the fall that he must work with the City Council, not the City Attorney and once again a discussion took place between Mayor Uzpen and Mr. Tangwell that he must work with the City Council. Mr. Tangwell acknowledged the conversation. FUTURE COUNCIL MEETINGS Workshop Meeting: July 12, 2010 at 7:00 P.M. City Council Meeting: July 20, 2010 at 7:00 p.m. Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 5 of 6 ADJOURN The June 15, 2010 regular meeting of the City Council was adjourned at 8:42 p.m. Upon motion by Councilmember Bosak, and seconded by Councilmember Lindner, the City Council meeting was adjourned. Ayes — 5, Nays — 0. APPROVED: ATTEST: ATTEST: Julie Newkirk Robert Uzpen Recording Secretary Mayor Look for us on the World Wide Web at gemlakemn.org Gem Lake City Council Meeting Page 6 of 6 SIGN UP SHEET: Dan Marier Beth Herzog Paul Emeott John & Faith Kuny Terry Tangwell Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, MN 4200 Otter Lake Road _ { Gem Lake, MN 55110-3227 �— Telephone 651-747-2790 E-mail Citv(a�gemlakeMN.or Gem Lake Planning Commission Meeting 1 June 2010 The regular meeting of the Planning Commission of Gem Lake was called to order by Chairman Craig Rafferty on Tuesday, June 1, 2010 at 7:03 p.m. in the Gem Lake City Hall conference room. The following members were present: Chairman Craig Rafferty, Planning Commissioner Beth Herzog. APPROVAL OF AGENDA AND MEETING MINUTES Planning Commission Agenda: Chairman Rafferty asked for any changes, deletions or added agenda items. None was given, so proceeded to move forward with the meeting. Planning Commission Minutes: Chairman Rafferty called to approve the May Planning Commission meeting minutes. The May Planning Commission minutes were discussed and upon motion by Commissioner Herzog and seconded by Chairman Rafferty, the May minutes were approved. Ayes — 2, Nays — 0. NEW BUSINESS July Planning Commission Meeting: There will be no Planning Commission meeting in July 2010. Letter for Discussion Relating to Car Sales: The letter was from Fritz Magnusson, a resident of Gem Lake regarding the property at Scheuneman Road and County Road E. The letter stated "This property has a long history of violations and environmental problems. There was a gas tank leakage problem in the 1980s when the property was owned by Shorty Urban. There is also a history of using this property to sell used cars repaired by the current tenant, junk vehicles. Previous City Council and Planning Commission have been very cautious about expanding used car sales in the city due to the nature of the business and the clients they tend to attract..." which Chairman Rafferty read to the Planning Commission. The couple interested in buying the property were not present at this meeting, but had attended the May Planning Commission meeting J and they were to fill out the paperwork by the middle of May and no steps have Gem Lake Planning Commission Minutes Page 2 of 2 been taken to fill out any paperwork for this property. It was discussed among the Planning Commission and they would like to see some business move into that property versus having it empty. Paul Emeott stated that he would also like to see something other than a used car lot at that corner and maybe keep it a gas station. Paul also feels the sheriff should be checking the used car lots more often. Planning Commission Alternate: Chairman Rafferty mentioned that the Planning Commission recommended an alternate for the Planning Commission and sent forward the recommendation to the City Council. At this point, two people constitute a quern to vote. Comp Plan — Chapters Five and Six: Attorney Trevor Oliver is working towards an ordinance so a public hearing can be planned. The ordinances need to be worked on right away before further corrections can be made to the Comp Plan. The Planning Commission will need to go forward with Attorney Oliver to rewrite some sections and will wait until they hear from Attorney Oliver. ADJOURN Upon motion by Commissioner Herzog and seconded by Chairman Rafferty, the June 1, 2010 regular meeting of the Planning Commission was adjourned at 7:51 p.m. Ayes — 2, Nays — 0. APPROVED: ATTEST: ATTEST: Julie Newkirk Craig Rafferty Recording Secretary Chairman Look for us on the World Wide Web at gemlakemn.org CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO.118 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, DB/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF GEM LAKE, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Gem Lake, County of Ramsey, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis. MN 55401. Notice to the City shall be mailed to the City Administrator, 4200 Otter Lake Road, Gem Lake, Minnesota 55110-3763Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways _J and so as not to disrupt normal operation of any City Utility System previously installed therein. K Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in 3 which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Proiects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of- way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 0 SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. R SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: Class Residential Commercial Firm Non -Demand Commercial Firm Demand Small Interruptible Medium and Large Interruptible Firm Transportation Interruptible Transportation Fee Per Premise Per Month $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 8.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions G to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.4 Terms Defined. 9.4.1 "Class" shall refer to classes listed in the Fee Schedule and as defined or determined in Company's gas rate book on file with the Commission. 9.4.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes added by the Company to its gas tariffs after the effective date of this franchise agreement. 9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this e 1 Ordinance shall prevail. 7 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third parry beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a parry hereto. SECTION 11. AMENDMENT PROCEDURE. Either parry to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other parry will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Attest: Passed and approved: June 15, 2010. William F. Short, City Clerk Robert Uzpen, Mayor Summary Publication of Ordinance 118 approved by the City Council and published in the White Bear Press on June , 2010. CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 119 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, DB/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF GEM LAKE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Gem Lake, County of Ramsey, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other parry referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5t" Floor, Minneapolis. MN 55401. Notice to the City shall be mailed to the City Administrator, 4200 Otter Lake Road, Gem Lake, Minnesota 55110-3763. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. _J Company's construction, reconstruction, operation, repair, maintenance and location of Electric 2 Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in -� which the work is to proceed. The notice must be given to Company a sufficient length of time in 3 N advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of- way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights j obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota J Statutes, Section 160.29. E SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Residential Sm C & I — Non -Derr Sm C & I — Demand Large C & I Public Street Ltg Muni Pumping N/D MuniPumping — Dem. Fee Per Premise Per Month $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. J 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 7 SECTION 10. PROVISIONS OF ORDINANCE. } 10.1 Scverability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. _J 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other parry will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Attest: Passed and approved: June 15, 2010. William F. Short, City Clerk Robert Uzpen, Mayor Summary Publication of Ordinance 119 approved by the City Council and published in the White Bear Press on June 2010. 8 MEMORANDUM TO: CITY COUNCIL FROM: TOM RIEDESEL DATE: JUNE 4, 2010 SUBJECT: TOWERS Town Staff was asked to research information on wind energy towers and ways in which to regulate them. The information which was provided notes that a Gem Lake resident is interested in constructing a test tower which could lead to the installation of a wind turbine. Currently the City does not identify these types of wind energy structures as a permitted use. Therefore an ordinance should be created or a section should be added to an existing ordinance which regulates these structures. Staff contacted several area communities to see how they regulate these structures. Attached are sections of municipal codes from the City's of Oakdale, Excelsior and Woodbury, all of which currently regulate these structures and in some cases other alternative energy sources. In order to regulate these structures, the City should discuss what is to be allowed (types of structures), create definitions of the type of structure(s) being regulated, how they should be regulated (by Conditional Use Permit) and where they could be located, which zoning district, minimum lot size requirements, setbacks from structures and property lines. The attached ordinances provide a good example of how nearby communities regulate these types of structures. It is recommended that the City Council review the ordinances and identify what you would like to see as requirements which could be incorporated into the Gem Lake Municipal Code. Town staff can create a new ordinance or add to an existing ordinance accordingly based on the input from the City Council. TR/psw bAurbine N Cirp of Oakdale Chapter 25 of the Zoning Code Article 24 Alternative Energy Sources and Systems Sec. 25-253 Purpose and Intent The purpose of this Section is to promote the safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The purpose of this Section is also to establish predictable and balanced regulations for the establishment of commercial and noncommercial WECS in the locations and circumstances under which the use may be established without detriment to the public health, safety and welfare of the neighboring property owners and occupants. Sec.25-254 Definitions l) Wind Energy Conversion System: Any device such as a wind charger, windmill, or wind turbine, which converts wind energy to a form of usable energy. 2) WESC Height: The height of the tower/pole plus the rotor radius 3) External solid fuel -fired heating device: External solid fuel -fired heating device also known as "outdoor furnaces" means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space. It is the intent of this section to regulate exterior freestanding solid fuel -fired devices that are contained within a structure primarily designed or used to house the solid fuel device. Sec. 25-255 General Standards (1) No more than one Wind Energy Conversion System (WECS) shall be permitted per lot. (2) The setback shall be at least the following distances: a. From the nearest dwelling, school, business or other habitable structure: 300 feet or 1.5 times the height of the WECS, whichever is greater. b. From the nearest public right-of-way: 300 feet or 1.5 times the height of the WECS, whichever is greater. c. From the nearest property line: 300 feet or 1.5 times the height of the WECS, whichever is greater. In no instance shall any portion of the WECS extend over any property line, including the full arc area created by any blades used in the system. Section 25-253 to 25-256 Reviser!: September 2008 Page 129 j City of Oakdale Chapter 15 ofthe Zoning Code d. From recreational fields: 300 feet or 1.5 times the height of the WECS, whichever is greater. However, in no instance shall any portion of the WECS extend over any recreational field, including the full are area created by any - - blades used in the system. e. No portion of the WECS, including the full arc area created by any blades used in the system, shall extend over any aboveground power line or drainage and utility easement. (3) Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system. (4) The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds. (5) The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the National Electrical Code. (6) The WECS shall not include tower -climbing apparatus within twelve (12) feet of the ground. (7) The WECS shall display a sign posted at the base of the tower, not to exceed two (2) square feet in area. The sign shall contain the following information: a. A warning of high voltage, b. The manufacturer's name, C. An emergency telephone number, d. The emergency shutdown procedures Additional signs may be required on the basis of individual applications as safety needs dictate. (8) No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination, except for those devices required by the Federal Aviation Administration. (9) The WECS shall be filtered, shielded or otherwise designed and constructed so as not to cause electrical, radio frequency, television, and other communication signal interference. (10) All obsolete and unused towers and equipment shall be removed within twelve (12) months of cessation of operation at the site, unless the Zoning Administrator grants an exemption. (11) Each WECS shall require a conditional use permit. Section 2S-253 to 2S-2S6 Revised: September 2008 Page 130 City of Oakdale Chapter 15 ofthe Zoning Cade (12) WECS may be an allowed conditional use subject to the regulations and requirements of this Section in areas zoned Community Commercial (C-2), General Industrial (G-I), or in conjunction with such special uses as listed in Article 5, Sec. 25-21. (13) WECS installed in accordance with the requirements of this Section shall not generate power as a commercial enterprise as defined by the Public Utilities Commission. (14) No building permit shall be issued for the construction of a WECS until and unless the applicant for the building permit deposits with the City Clerk a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage in the sum of at least $500,000.00. The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereof, the conditional use and building permits to be automatically revolted upon the lapse or termination of said policy. (15) Noise emitted from the WECS shall not exceed standards set forth in Chapter 19 of the Code of Ordinances. Sec. 25-256 Purpose and Intent The purpose of this section is to establish and impose restrictions upon the construction, installation, and operation of outdoor furnaces within the limits of the City of Oakdale for the purpose of securing and promoting the public health, safety, comfort, convenience, and welfare of the City and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of the burning by such furnaces can create noxious and hazardous smoke, soot, fumes, odors, air pollution, particles, and other combustion that can be detrimental to citizens health, and can deprive neighboring residents of the enjoyment of their property or premises. Sec. 25-257 General Regulations: a) All external solid fuel -fired heating devices used, installed, or purchased within the city limits of Oakdale, Minnesota, are required to meet emission standards currently required by the Environmental Protection Agency (EPA) and Underwriters Laboratories (UL) listing or equivalent accredited agency. No person shall use an external solid fuel -fired device in violation of this paragraph. b) All outdoor wood -burning units or external solid fuel -fired devices operated or installed within the city limits are subject to regulation as public nuisances as described in this ordinance. c) Any dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, or any use of an external solid fuel -fired heating device to burn solid fuels other than those solid fuels for which the external solid fuel -fired heating device was designed, is declared a public nuisance. Section 25-253 to 25-256 Revised: September 2008 Page 131 IM Ciry of Oakdale Chapter 25 of the Zoning Code d) Every solid fuel -fired device shall have a minimum chimneystack height of twenty (20) _ feet from ground level and be a minimum of two (2) feet above the roofline of the highest structure within two hundred feet. A freestanding outdoor furnace must be setback a minimum of 75-feet from all property lines, be located on a lot of not less than one acre, and be a minimum of 10 feet from any principal or accessory structure. Construction of all stacks or chimneys must be of masonry or insulated metal with a minimum of six-inch (6") flue and be constructed to withstand wind and snow loads per the current Minnesota Building Code. No person shall use an external solid fiiel-fired heating device in violation of this paragraph. e) Only wood or other fuels designed for burning in an external solid fuel -fired heating device may be burned. No garbage may be burned in an external solid fuel -fired device. No person shall use an external solid fuel -fired heating device in violation of this paragraph. f) An outdoor furnace shall not be used between April 15 and October 15 of each year. g) The City of Oakdale requires any person to obtain a building permit for any external solid fuel -fired heating device that is sold or purchased after the date this ordinance becomes effective. h) Any violation of this ordinance is a misdemeanor. Sec. 25-258 to 276 Reserved. Section 25-253 to 25-256 Revised. September 2008 Page 132 ARTICLE 28 WIND ENERGY CONVERSION SYSTEMS (WECS) SECTION: 28-1: Purpose 28-2: Application 28-3: Code Compliance 28-4: Manufacturing Warranty 28-5: Design Standards 28-6: Ornamental Wind Devices 28-7: Inspection 28-8: Abandonment 28-1: PURPOSE: The purpose of this Article is to establish standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed within the City. 28-2: APPLICATION: A. Interim Use: Wind energy conversion systems may be allowed as an interim use, subject to the regulations and requirements of this Article, provided the property upon which the system is to be located is zoned commercial or public and is constructed and maintained on any parcel of at least two and one-half (2'!2) acres in size. B. Declaration Of Conditions: The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS interim use permit as may be necessary to carry out the purpose and provisions of this Article. C. Site Plan Drawing: All applications for a WECS interim use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the information as specified in Article 9 of this Ordinance and the following: 1. Location and height of all buildings, structures, above -ground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors. 2. Location and height of all adjacent buildings, structures, above -ground utilities and trees located within three hundred fifty (350) feet of the exterior boundaries of the property in question. 3. Sketch elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots. City of Excelsior 28-1 Zoning Ordinance ,� } 28-3: CODE COMPLIANCE: A. Compliance With State Building Code: Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer. B. Compliance With National Electrical Code: WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the City. 28-4: MANUFACTURING WARRANTY: Applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within Excelsior. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions. 28-5: DESIGN STANDARDS: A. Heights: The permitted maximum height of a WECS shall be determined in one (1) of two (2) ways. In determining the height of the WECS the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor. A ratio of one (1) foot to one (1) foot between the distance of the closest property line to the base of the WECS to the height of the system. 2. A maximum system height of one hundred seventy-five feet (175) feet. The shortest height of the two (2) above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulation part 77 "Objects Affecting Navigable Air Space" and/or MNDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to Air Navigation". B. Setbacks: No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback. WECS towers shall be setback from the closest property line one (1) foot for every one (1) foot of system height. WECS shall not be located within thirty (30) feet of an above ground utility line. City of Excelsior 28-2 Zoning Ordinance C. Rotor Size: All WECS rotors shall not have rotor diameters greater than twenty-six (26) feet. D. Rotor Clearance: Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred foot (200) foot radius. E. Rotor Safety: Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 mph or greater). F. Lightning Protection: Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City. G. Tower Access: To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: 1. Tower climbing apparatus shall not be located within twelve (12) feet of the ground. 2. A locked anti -climb device shall be installed on the tower. 3. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six (6) feet high. H. Signs: WECS shall have one sign, not to exceed two (2) square feet posted at the base of the tower and said sign shall contain the following information. Warning high voltage. 2. Manufacturer's name. 3. Emergency phone number. 4. Emergency shutdown procedures. Lighting: WECS shall not have affixed or attached any lights, reflectors, flasher or any other illumination, except for illumination devices required by FAA regulations part 77 "Objects Affecting Navigable Air Space" and FAA Advisory circular 70/7460-1 F, September 1978 "Obstruction Marking and Lighting". Electromagnetic Interference: WECS shall be designed and constructed so as not to cause radio and television interference. City of Excelsior 28-3 Zoning Ordinance K. Noise Emission: Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended. Utility Company Interconnection: No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City. 28-6: ORNAMENTAL WIND DEVICES: Ornamental wind devices that are not a WECS shall be exempt from the provisions of this Article and shall conform to other applicable provisions of this Ordinance. 28-7: INSPECTION: The City hereby reserves the right upon issuing any WECS interim use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. 28-8: ABANDONMENT: Any WECS or tower which is not used for six (6) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. City of Excelsior 28-4 Zoning Ordinance Alternative Energy Systems Ordinance Planning Commission Recommendation - September 21, 2009 t.a� EO `�4 obo W m:a pr Bury Chapter 24 ZONING Article VI. Supplemental Performance Standards Division 5. Alternative Energy Systems 24-401 Scope. This division applies to alternative energy systems in all zoning districts. 24-402 Purpose and intent. It is the goal of the city council, as expressed in the Comprehensive Plan, to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural, human and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this ordinance include: (a) To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems. (b) To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of reneAlable energy. (e) To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels. (d) To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated. 24-403 Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section: Accessory means a system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on -site consumption. Alternative energy system means a ground source heat pump, wind or solar energy system. Building -integrated solar energy system means a solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings. Alternative Energy Systems Ordinance Planning Commission Recommendation September 27, 2009 -1 Closed loop ground source heat pump system means a system that circulates a heat transfer ! fluid, typically food -grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of seater. Closed loop ground source heat pump system means a system that circulates a heat transfer fluid, typically food -grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. Flush -mounted solar enei-D� system means a roof -mounted system mounted directly abutting the roof. 'The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than 10 inches above the roof. Ground source heat pump system means a system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. Horizontal ground source heat pump system means a closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface. Heat transfer fluid means a non -toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight. Horizontal axis wind turbine means a wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. Hub means the center of a wind generator rotor, which holds the blades in place and attaches to the shaft. i — `" Fbtor - Blade Fbtor 11 Gearbox Generator []after D�celle Hub C� iFixed I Ditch jjj ! I Fbtar- !I Tamer Blade r Ir Gearbox- Pbtor Diameter Hub Fbtor I -fright I Generator Horizontal Axis Vertical Axis I.Vind Turbine Cd7Y&orations J 2 Alternative Energy Systems Ordinance Planning Commission Recommendation September21, 2009 l Hub height means the distance measured from natural grade to the center of the turbine hub. J Monopole tower means a tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. Open loop ground source heat pump system means a system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well. Passive solar energy system means a system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Photovoltaic system means a solar energy system that converts solar energy directly into electricity. Residential ivind turbine means a wind turbine of 10 kilowatt (kW) nameplate generating capacity or less. Small ivind turbine means a wind turbine of 100 kW nameplate generating capacity or less. Solar energy system means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. Total height means the highest point above natural grade reached by a rotor tip or any other part of a wind turbine. Tower means a vertical structure that supports a wind turbine. Utility wind turbine means a wind turbine of more than 100 kW nameplate generating capacity. Vertical axis wind turbine means a type of wind turbine where the main rotor shaft runs vertically. Vertical ground source heat pump system means a closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface. Wind energy system means an electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. Wind turbine means any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. Alternative Energy Systems Ordinance Planning Commission Recommendation September21, 2009 24-404 Ground source heat pump systems. (a) Zoning districts. Ground source heat pump systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (b) Standards. (1) System requirements. a. Only closed loop ground source heat pump systems utilizing heat transfer fluids as defined in Section 24-403 are pennitted. Open loop ground source heat pump systems are not permitted. b. Ground source heat pump systems in public waters may be pennitted as an interim conditional use in accordance with Section 24-407 subject to approval from the Minnesota Department of Natural Resources and subject to written consent of all property owners and/or approval by an association in accordance with its adopted bylaws. c. Ground source heat pump systems in water bodies owned or managed by the City of Woodbury are not permitted. (2) Setbacks. a. All components of ground source heat pump systems including pumps, borings and loops shall be set back at least 5 feet from interior side lot lines and at least 10 feet from rear lot lines. b. Above -ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district. (3) Easements. Ground source heat pump systems shall not encroach on public drainage, utility roadway or trail easements. (4) Noise. Ground source heat pump systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. (5) Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of Section 24-307(a)(10). (6) Deviations. Any deviation from the required standards of this ordinance may be permitted through an interim conditional use permit in accordance with Section 24-407. (d) Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and meet the requirements of the State Building Code. �J Alternative Energy Systems Ordinance Planning Commission Recommendation September21, 2009 (e) Abandonment. If the ground source heat pump system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following: (1) The heat pump and any external mechanical equipment shall be removed. (2) Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted. (3) Lake ground source heat pump systems shall be completely removed from the bottom of the body of water. (f) Permits. A building permit and interim conditional use permit, if required, shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health. 24-405 Wind energy systems. (a) Zoning districts. Residential wind turbines in accordance with the standards in this section are permitted accessory uses on lots at least 3 acres in size in the R-1, Urban Reserve, and the R-2, Rural Estate; on lots at least 20 acres in size in the R-4, Urban Residential zoning districts; and on lots at least 1.5 acres in size in the B-2. General Business, and the 1-1, Light Industrial provided the lot does not abut a residential zoning district. Wind energy systems are not permitted in any other zoning districts. (b) Szandards. (1) Number. No more than one wind energy system is permitted per parcel. (2) Height. In the R-1, Urban Reserve, zoning district, a maximum hub height of 60 feet is allowed as a pennitted accessory use; additional height, up to 120 feet in total height, may be permitted as an interim conditional use in accordance with Section 24- 207. In the R-2, Rural Estate, R-4, Urban Residential. B-2, General Business. and I-1, Light Industrial zoning districts, a maximum hub height of 45 feet is allowed as a permitted accessory use. Additional height, up to 75 feet in total height. may be pennitted as an interim conditional use in accordance with Section 24-207. (3) Blade length. A maximum blade length of 15 feet is permitted. (4) Roof mounting. Roof mounted wind turbines are not permitted. (5) Setbacks. The base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. Wind energy systems shall not be installed in the ;)K Alternative Energy Systems Ordinance Planning Commission Recommendation September21, 2009 front yard of any lot or in the side yard of a corner lot adjacent to a public right-of- way. (6) Easements. Wind energy systems shall not encroach on public drainage, utility roadway or trail easements. (7) Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines. (8) Screening. Wind energy systems are exempt from the requirements of Section 24- 307(a)(10). (9) Aesthetics. All portions of the wind energy system shall be a non -reflective, non - obtrusive color, subject to the approval of the Community Development Director. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated. (10)Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid. (1 ])Deviations. Any deviation from the required standards of this ordinance may be permitted through an interim conditional use permit in accordance with Section 24-407. (d) Safeh'• (1) Standards and Certification. a. Standards. Wind energy systems shall ineet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the Community Development Director. Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc_ and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the Community Development Director. The City reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate. c. Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity. J Alternative Energy Systems Ordinance Planning Commission Recommendation September21, 2009 (2) Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (e) Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. (f) Permits. A building permit and interim conditional use pennit, if required, shall be obtained for any wind energy system prior to installation. 24-406 Solar energy systems. (a) Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (b) Standards. (1) Exemption. Passive or building -integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. (2) Minimum Lot Size. In the R-4, Urban Residential Zoning District, a minimum lot size of 8,000 square feet is required for ground -mounted solar energy systems. (3) Height. Roof -mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground -mounted solar energy systems shall not exceed 15 feet in height. (4) Location. In residential zoning districts, ground -mounted solar energy systems are limited to the rear yard. In non-residential zoning districts, ground -mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots but shall not encroach in the minimum 20-foot landscaped area adjacent to public rights -of -way. (5) Setbacks. Groundanounted solar energy systems including any appurtenant equipment shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all dwellings located on adjacent lots. Roof -mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. (6) Roof mounting. Roof -mounted solar collectors shall be flush mounted on pitched roofs. Solar collectors may be bracket mounted on flat roofs. 7 Alternative Energy Systems Ordinance Planning Commission Recommendation September 27, 2009 (7) Easements. Solar energy systems shall not encroach on public drainage, utility roadwav or trail easements. (8) Screening. Solar energy systems shall be screened frorn view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of Section 24-307(a)(10). Screening may include walls, fences or landscaping. (9) Maximum Area. In the R-4, Urban Residential, zoning district, ground -mounted solar energy systems shall be limited to a maximum area of 200 square feet. In other residential zoning districts, ground -mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations in Section 24- 281(b) or no more than 25 percent of the rear yard, whichever is less. (10)Aesthetics. All solar energy systems shall use colors that blend ",ith the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary. screening may be required to address Glare. (I I)Feeder lines. The electrical collection system shall be placed underground xvithin the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid. (12)Devialions. Any deviation from the required standards of this ordinance may be permitted through an interim conditional use permit in accordance 'A'ith Section 24-407. (d) Safer,. (1) Standards and Certification, a. Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC) ,the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electrotechnical Commission (IEC), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the Community Development Director. b. Certifcation. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Community Development Director. The City reserves the right to deny a building pen -nit for proposed solar energy systems deemed to have inadequate certification. (2) Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. :j Alternative Energy Systems Ordinance Planning Commission Recommendation September 27, 2009 (e) Abandonmeni. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. (f) Permits. A building permit and interim conditional use permit, if required, shall be obtained for any solar energy system prior to installation. 24-407 Interim conditional use permit. Deviations to the standards in this division may be permitted as an interim conditional use in accordance with Section 24-45. In granting an interim conditional use permit, the city council shall consider the criteria in Sections 24-43 and 24-45 and the following additional criteria unique to alternative energy systems: (a) That the deviation is required to allow for the improved operation of the alternative energy system; (b) That the alternative energy system has a net energy gain; (c) That the alternative energy system does not adversely affect solar access to adjacent properties; (d) That the alternative energy system complies with all other engineering, building, safety and fire regulations; and (e) That the alternative energy system is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights -of -way. 24-408 Interpretation. In interpreting this ordinance and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted. 24-409 Conflict. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein_ If any provision of this ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control. j Alternative Energy Systems Ordinance Planning Commission Recommendation September 21, 2009 24-410 Separability. If any part or provision of this ordinance or its application to any developer or circumstance is judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. 10 Alternative Energy Systems Ordinance Planning Commission Recommendation September 21, 2009 Sec. 24-132. R-1 urban reserve district. (b) Permitted uses. Permitted uses are as follows: (c) Permitted accessory uses. Permitted accessory uses are as follows: Ground source heat pump systems in accordance with Section 24-404. Wind energy systems on lots at least 3 acres in size up to 60 feet in height in accordance with Section 24-405. Solar energy systems in accordance with Section 24-406. (e) Height, setback and area requirements: (1) Maximum height: Two and one-half stories or 35 feet, except for silos, grain elevators, windniills, water towers, church roofs or spires, etc. (g) Uses by interim conditional use permit. The following uses are allowed by an interim conditional use permit: Wind energy systems on lots at least 3 acres in size up to 120 feet in height in accordance with Section 24-405. Sec. 24-133. R-2 single-family estate district. (c) Permitted accessory uses. Permitted accessory uses are as follows: Ground source heat pump Systems in accordance with Section 24-404. Wind energy systems on lots at least 3 acres in size up to 45 feet in height in accordance with Section 24-405. Solar energy systems a;id seem- s.,-. e-tm_es in accordance with Section 24-406. (h) Uses by interim conditional use permit. The following uses are allowed by interim conditional use permit: Wind energy systems on lots at least 3 acres in size up to 75 feet in height in accordance with Section 24-405. Alternative Energy Systems Ordinance Planning Commission Recommendation September21, 2009 Sec. 24-134. R-4 urban residential district. (c) Permitted accessory uses. Permitted accessory uses are as follows: Ground source heat Pump systems in accordance with Section 24-404. Wind energy systems on lots at least 20 acres in size up to 45 feet in height in accordance with Section 24-405. Solar energy systems amid solat- stfuewreq in accordance with Section 24-406. (e) Interim conditional use permil. The following uses are allowed by interim conditional use Berm it: (I ) Fanners' market at the Bielenberg Sports Center. (2) Telecommunications tower as regulated in section 24-3 13. 3 Wind energy systems on lots at least 20 acres in size up to 75 feet in height in accordance with Section 24-405. Sec. 24-135. B-1 office park district. (c) Permitted accessory uses. Permitted accessory uses are as follows: (1) Exterior. a. Off-street parking and loading subject to article VI, division 4 of this chapter. b. Signs subject to chapter 18.5. c. Electrical generators. d. Bicycle racks and transit shelters. e_ Ground source heat pump systems in accordance with Section 24-404. 1' Solar energy systems in accordance with Section 24-406. See. 24-136. B-2 general business district. (c) Permitted accessory uses. Permitted accessory uses are the same as allowed in the B-1 district. In addition, the following are also permitted accessory uses: Adult uses [see Code section 11-300 et seq.] Wind energy systems on lots at least 1.5 acres in size uP to 45 feet in height in accordance \.- ith Section 24-405. (d) Uses by conditional use permit. The following uses are allowed by conditional use permit: f madiets in 511100.000 is 12 Alternative Energy Systems Ordinance Planning Commission Recommendation September 21, 2009 (e) 1171erim c017diliolacd IIA' Verinh. The followine uses are allowed by interim conditional use en -nit: Outdoor temporary/seasons) sales or farmer's markets in shopnins centers over 100.000 square feet. Wind encrav ;\,stems on lots at least 1.5 acres in size up to 75 feet in height in accordance with Section 24-405. (fe) Height, setback and area regUirements. Sec. 24-138. FD-1 freeway mixed use district. (c) Permitted accessory uses. Permitted accessory uses are as follows: (4) Ground source heat pump systems in accordance with Section 24-404. (5) Solar energy systems in accordance with Section 24-406. Sec. 24-139. FD-2 freeway transition district. (c) Permitted Aaccessoiy uses. : Permitted accessory uses are as follows: Ground source heat pump systems in accordance with Section 24-404. Solar encrev systems in accordance with Section 24406. Sec. 24-140. FD-3 freeway special impact district. (d) Permincd.4ccessory uses: Permitted accessory uses are as follows: Ground source heat pump systems in accordance with Section 24-404. Solar energy systems in accordance with Section ?4-406. 1 13 Alternative Energy Systems Ordinance Planning Commission Recommendation September 21, 2009 Sec. 24-141. FD-4 freeway commercial impact district. (c) Permitted 4ccessay uses. Permitted accessory uses are as follows: (1) Adult uses (2) Ground source heat pump systems in accordance with Section 24-404. () Solar energy systems in accordance with Section 24-406. Sec. 24-142. I-1 light industrial district. (c) Permitted accessory uses. Permitted accessory uses are as follows: Ground source heat pump systems in accordance with Section 24-404. Wind energy systems on lots at least 1 5 acres in size up to 45 feet in height in accordance with Section 24-405. Solar energy systems in accordance with Section 24-406. (e) Interim conditional use pernut. The following uses are allowed by interim conditional use permit: Wind energy systems on lots at least 1.5 acres in size up to 75 feet in height in accordance with Section 24-405. (fe) Height, setback and area requirements. Sec. 24-143. BC business campus district. (d) Permitted Accesso7y uses. Permitted accessory uses are as follows: Ground source heat Dump systems in accordance with Section 24-404. Solar energy systems in accordance with Section 24-406. j 14 Alternative Energy Systems Ordinance Planning Commission Recommendation September 21, 2009 Sec. 24-144. CC city center district. (c) Permitted accessory uses. .Permitted accessory uses are those existing on April 14, 1971 within the boundaries of the city center. In addition, the following are permitted accessory uses: Adult uses. Ground source heatpump systems in accordance with Section 24-404. Solar energy systems in accordance with Section 24-406. Sec. 24-146. MX Mixed Use Overlay District. (e) PermittedAaccessory uses. Pern-iitted accessory uses are as follows: Ground source heat pump systems in accordance with Section 24-404. Solar energy systems in accordance with Section 24-406. Sec. 24-147. MCD, Medical Campus District. (c) Permitted accessory uses. Permitted accessory uses are as follows: (1) Exterior as an accessory use to the primary use. g. Ground source heat pump systems in accordance %with Section 24-404. h. Solar energy systems in accordance with Section 24-406. Sec. 24-271. Solar eitergy . Reserved. Sec. 24-283. Height limitation and setbacks for certain accessory structures. (a) Accessory structures such as wifldiiiills, antennas; or other similar structures shall be limited to 45 feet in height in all districts. Such structures shall be so constructed as to have a minimum setback equal to the height of the structure. j 15 City of Gem Lake, MN Resolution No.2010 — 08 June 15, 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 individual identified has agreed to serve in the appointed position identified for the period June 2010 to 31 December 2012 or until replaced by another in an updated resolution. Planning Commission Member Paul Emeott Alternate Planning Commission Member 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 resolution vote was votes in favor of the resolution and against. The motion Whereupon said resolution was declared duly passed and adopted by the City Council of the City of Gem Lake, on June 15, 2010. BY: ATTEST: Robert Uzpen, Mayor William F. Short, City Clerk City of Gem Lake, MN Resolution No.2010 — 09 June 15, 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 individual identified has agreed to serve in the appointed position identified for the period June 2010 to 31 December 2012 or until replaced by another in an updated resolution. Planning Commission Member Arthur Pratt Alternate Planning Commission Member 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 resolution vote was votes in favor of the resolution and against. The motion Whereupon said resolution was declared duly passed and adopted by the City Council of the City of Gem Lake, on June 15, 2010. BY: ATTEST: Robert Uzpen, Mayor William F. Short, City Clerk CITY OF GEM LAKE Claims For Payment Period Ending: 06/15/2010 Signatures Approving Claims I Date of Approval Robert Uzpen, Mayor Jim Lindner, Council Gretchen Artig-Swomley, Council Tom Rasmussen, Council Rick Bosak, Council Jessie Hart, Treasurer Fund Totals 1 1 $ Amount General Fund 18,026.56 Parks & Playgrounds 0.00 2004 Debt Service Fund 0.00 2006 Debt Service Fund 0.00 2007 Debt Service Fund 0.00 City Hall Construction Fund 0.00 Scheuneman Road Improvements 0.00 Sewer Fund 1,812.43 Investment Trust Fund 0.00 Total All Funds 19,838.99 Included above are the pre -paid checks paid on May 28, 2010. i 6/14110 at 07:20:36.29 Page: 1 City of Gem Lake Check Register - Prepaid Checks For the Period From May 28, 2010 to May 28, 2010 Filter Criteria includes: Report order is by Check Number. :heck # Date Payee Amount 7987 5/28/10 Advanced Graphic Systems, Inc. 74.76 7988 5/28/10 Deluxe Business Checks & Solutions 245.92 7989 5/28/10 Innovative Office Solutions, LLC 16.14 7990 5/28/10 Julie Newkirk 150.00 7991 5/28/10 Press Publications 63.68 7992 5/28/10 QWEST 95.68 Total 646.18 6114110 at 07:19:50.78 Page: 1 City of Gem Lake Check Register For the Period From Jun 1, 2010 to Jun 30, 2010 Filter Criteria includes: Report order is by Check Number. :heck # Date Payee Amount 7993 6/15/10 Kelly & Lemmons, PA 805.00 7994 6/15/10 Julie Newkirk 150.00 7995 6/15/10 Ramsey County 6,827.23 7996 6/15/10 Jean Reiter 200.00 7997 6/15/10 T.A. Schifsky & Sons, Inc. 3,665.00 7998 6/15/10 Waste Management 794.80 7999 6/15/10 Xcel Energy 358.34 8000 6/15/10 City of White Bear Lake 1,460.00 8001 6/15/10 White Bear Township 95.69 8002 6/15/10 White Bear Township 3,099.32 8003 6/15/10 VOID 8004 6/15/10 Gopher State One Call 40.60 8005 6/15/10 Metropolitan Council 1,696.83 Total 19,192.81 T d m a .r C 7 O E Q w a1 u O 7 0 0 T E O Q N d C L O �O � O J+N'N C d 00 E N U LL N � w 14 O U 'L 0 d LL a. o c. 0-0 L C •� LL (OA c 0 c n (n a) C a J n 0) ry E Z N U C � O N � d Q O 0 O n N � d M > t ca C) .0 Y U w T — Q w LL (D � 't O OD 00 O O Cl) O O 0 r O (D (D O O N O 0 00 P') V L 0 m O (0D N O (0D � L0f) N r OD r 00 N M (D M 0 N C) 00 O O N r 0 000 OO N 00 O (D D) to (D O M O0 (D O O M 6) O O O O 00 W T N O .- O ('')M O (D6� O Gi000 N (LO Cl) Cl) D) 0 LO N O 0 r f- r (D CV f- cM V T OD r N (D N � r 0 (0- N (D rrr 0 r o U) U) o C N C O 0 75 Q J.r0 CO M O) U) = -i N C O Y O .0 (n p LL Y= C a) r 0 0 a) T U U LO V U NQ C C 1 ULL N(\r CO (n U L U) U O L) •� J d .- L V ` (`6 U CO C: (D (D O aU �� �otS UU (hCom a U)) a (D c_ o o CO a) o E � � (n a) ' V `n v eo o c a) n a5 U ,� m- >,c CL >p -Y a m L) o o �(� o N M M a)� �LL (a a U LL cU a) cY O o. L CY)0 ( UY ooU 0� oo mCD .- LO a) CO a) N. 7 a) ~ a) H J 0) O T N X p J U r0 rp J () (n c C Y X ; UZ :—O 0 a) U) 04 •CZ N N N mC O W C(n NN v) N WUw U 7 ` O a) N H WW T >, C O T a) C LL a) j c C (6 (D a) a) (6 -a C X- N (6 _ > N a) (6 5 (6 O O a) i N Q 7 7 = = O 2Q U0 �0 U� U(n� 2C'! �Y �� 2�W N� OOJ21- ��� (n22X r r r N I� (n 0) lD LO (D V N- M O O O O (0 CD N') 0 In N O M co V O O O co 00 00 00 co N N N N M co M M M (+') m M IT (`') I?I? MC? 00 O CD O O 00 0 0 0 O CDO O 00 O O O 00 N N N O O o 0 N O O O 00 O O O O O 00 O O O Iq o 00 -0 O O O 00 N N N O 000 Nd• IT 0)- 0')- M D) r CD M D) r a)- (0- D) r r r r r r T r r D) _ 0) O) r o -0 r O -0 T O -0 O O N N O O M CO M O --0 M r r o r v-r V V r 'Tr �T'Tr Iqr V T V r ,T,Tr d•- V I'T r d•d•r 'T V r i i 06 66 O O O 06 006 66 66 66 006 00 O O O O O O O 0000 00 00 0 0 0 00 000 O O 00 00 O O O 00 0000 O O O O O O O r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 00 m O N M 'R LO (D r 00 O M 00 00 0 0 6) 0 0 6) O O 0 0 0) D) CA a1 0) 0) CA Q) Q1 O 0 O 0 O O O O O O O 0 0 r r r r r r r r r � N N (!) (!) Ifl � � (f) LO LB LO LO (0 (D N A t0 N M A 0 a zn c 0 E Q r+ V a) U C 7 O 0 E o Q N L d _ C �6 O C O YO � O J r CD N C N 00 d E N N �4 O V li N m m d LL N a) O +�+ O G. c L N c Q a � T p J a a) a`) n E Z U Q Lyr U C O N V N Q O V- O d a) w Y fA V a) d CU c .co a) U m LL O M M 00 cn O coO (D M r r r Cl) O O O O O O O O N O O O O Cl) COM O L0000(n0tl7MLO0 O CO 00 CA O CY) Cn M 4 CO L6 f� Cn CO N U') Cn O Cfl M LO IM I� W 'IT M M (N 0)I 0 0 _ r O O U N (n CD CD U) , O V N � N Q O O Or D O Or Or 0 0 0 O� a _ fn O— Z q- a) N `L N U) CD r(D(p� rrr L co c0 D D ' D ' 0) U w a) (O U $ c ) C (6 3 C N�f6 1 O ,C CO Y C O V O O O N 'O OO C N 0 Um N 1_0110_.LL. � D -%r~a) fl LDLC 00U J— CU D a)MO O(O p O O> CO ;�- (6 C7) C N c) O C' ' m O N O O CZ N N O c0 C (6 o C1 m 0 U)� � 0 T Q N O c �� .- SL (2 c6 a�i `m 0 ao= c0�QQL O co O mCL0IL< naQU> rN In MMMMMOONrO 0) 00 r r 00 N r 0 0 _ 0 N 0 M N r MM I? MC'MMMMMNNMM CM C?i i i i i i i i CD O 00 O r 0 0 0 0 0 0 0 0 0 0 0 O CD C)O O CD O IT C)O O O O O O O O O O O O O CD CDO O NNr CTr LO IT ,M MCn MMOr r rr r r r 'T"to v- ITITIT I --- 0 o To i i i i i i i i i i i O O O 0 0 0 0 DC0 0 0 0 0 0 0 0 0 O 66 O O O O O 00 O O O O O O O O O O O O O O O O 00 rrr rr rrr rrrrrr(O(Orr r CO(O (OCO 00 00 co 00 0o co C) O O O O O r r r r r r U') LO LO r r D D D D CD CD CD r CITY OF GEM LAKE CASH AND INVESTMENT BALANCE STATEMENT As of 05/31/2010 Fiscal Year: 2010 Cash and Investments Balance Balance Name of Fund 05/O1/2010 Receipts Disbursements 05/31/2010 General Fund $228,370.84 $1,938.65 $26,274.33 $204,035.16 Parks and Playgrounds $37,062.06 $0.00 $0.00 $37,062.06 2004 Debt Service Fund $111,826.62 $0.00 $0.00 $111,826.62 2006 Debt Service Fund $121,931.47 $0.00 $0.00 $121,931.47 2007 Capital Improvement Bonds $50,166.78 $0.00 $0.00 $50,166.78 Street Improvement $0.00 $0.00 $0.00 $0.00 City Hall Construction $0.00 $0.00 $0.00 $0.00 Scheuneman Road Improvemetns ($83,972.53) $0.00 $0.00 ($83,972.53) Hoffman Road Improvements $25,893.94 $0.00 $0.00 $25,893.94 Sewer Enterprise Fund $284,970.71 $4,354.11 $4,817.04 $284,507.78 Investment Trust Fund $1,108.58 $131.23 $25.00 $1,214.81 $7779358.47 $6,423.99 $31,116.37 $752,666.09 Premier Checking $385,559.58 Premier CD's $0.00 Wells Fargo Investments $365,000.00 Wells Fargo Money Market $2,106.51 $752,666.09 NOTE: Cash balance in the Investment Trust Fund represents the interest received in May 2010. Interest will be distributed to the various funds quarterly based on average cash balance. INK 00T o000000 m O LO LO 0 0 0 0 0 0 0 0 T LL0 oi(6 uf)o 6000(D0o w 69-6969.00o0 W O N Ln T O O O O CO Q co � nj 00 64 O (!i 0 0 N LOT CD O LO Cl) 64 64 r N r— Q EA 69 69 (J) C;) O LO LO Lo O LJO ti LO V } N N 00 ce) M cM IT O CO Q 0000 COM N T T N CM Q W o 0 0 0 0 0 0 0 0 0 F-: LL) T O O LO LO o Cn O T Z Lo O M T O N O 'I O O Q o 0 0 0 0 0 0 0 0 0 J T O O LO LO O LO O T W Ln0 ��MTONO 0 0 N N N M M M N N N T M U) O O a) CA W n� 000 0} U N LO 0 0 O X X X T LO l- O CA T r O M M M M M M O M N M M O N O O (D T r T T (O T r T M M M M M U) � Q Z Z W D LL U) z T_ W W Z W (4 N Z 0� Q Z Z Z 06 Z Ili W m m m J LU 9 Q Z w w w~ U 0 O W W WZ�m Z� (mj o W ��22221i N can aa.au.LLu..LL n YY wwww QQQ(D(D(D(D U U U U Q Q Q Q Of Z- J W J W W W J J J J MEW_� wwww a aaa 3:-?>� 3: U rn (n a) Cn 0 0 0 o 0 0 0 r W m(0000rl-0)rn T T N r T N Q Q Q M M It N LO M a W O O O M U')U')m W r T T T T r r c0—o—1 rnrn D Q T T N T T N C0� I N CO Q Q M M N T CO N T 00 r- (A CA M O O T T N O O M r- N Lo M - m Z 000 0 0 0 O Q T T r U U U N N N N Y 0 0 O O W1 O O O kn O O O O O O O — O O I'D M \D �o — 00 O O O 00 N C�N o\ �6 v1 M kn r- t- In r- O [� 7 O O kn kn 00 M vl 00 •--� �--� �t N M O N '-' U 0 0 0 0 0 0 0 vI O O O kn O O O N vn O � 00 C:) �O O O O O O O N O O l- O N U O O O C) C) C) N kn O\ � �o Cl CDO ItN �'-' MO00 Q vl C)O N CD N 00 ,--i in O O O O O O Wn O O O vn O C) N kn O '-+ N O d• 0 0 0 0 O O N O O O N O 0 0 I-o �n M N O 00 vl OOO Wn OOOO\O[-O OO> r-r N=5 � cdl [-OO�nN��[�Q�[�N� N Q N N '•"' N N 00 S..�I Q •--� N --� M 69 O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O kn O O O kn O o0 kn O kn d' Cl O U O M "n Q O M N O m N M M 0 OO N 0 0� O O — M d' r, L 69 0000000000Id, 0 C) C) CD Cl OOOO Ln O ?? O O O Cl O O O O O O O\ Cl O O O Cl 00 O O O O C� O O O O O O O O O N O 00 O O O O N O O O O \�6 N N N W M � � Q cC o o O O O O Cl O O O O O O O Cl O O O O O N O M O CD C)O O O O CD CD C,vl CD CD CD CD CD O O Q\ CDl- — 4 v'l O vl 0 6 0 0 M W O C1 C� N Mc oo M N .-r rr 00 > z o U U 0 0 0 Cl 0 0 0 0 0 0 0 0 O O O O O O O N Cl Cl) C DC O In w OOOOOOOOOO kr OO OO kn 0 0 0 0 0 0 0 0 0 0 0 O Cl CD CDN CD M ow° �¢ o U W vs O O O O o 0 0 0 0 0 Cl 0 O o 0 0 O O O O o Cl O O O O O o 0 0 0 0 0 0 0 O o 0 0 O O O o o O O O O O O"t N C)N� C) CD CD CD C:) Nq C) CD C, C) N U sv d .y U 34 p ° a U¢ c p❑ `d w C w api y a�i api pa 0 0p U Opp a� > > a� O �y V] O 0 d cz y a� UU�w wcnQ 0- VaS k w �SU�w H py jC700E .0 U ��10 O ID O O 00 1.0 O O 00 to O 00 � o %D O O O kn \O kn v1 M O O \�D O O 00 N O .-r O O 00 M O 7 00 �D N �D m ID O O vi o 0 (V N 00 N 00 0 0 d' kn O N O O N O 06 M V �--� M _; v'� 06 4 O 116 O O N Wn �D O N O O O D1 D\ N [-I 00 .� 00 kn 00 kn � M N N �D 00 O1 ON O\ O O U -- o .. Q\ OOO v'iNooOO � ooMOO O OO O O OOO O vl O OMO O --� o �--�000O-M 00 O O D\ O vi O O Wl O l C\ O O N N 00 � O� O [� � d 0 M v') �--� N ul O M v') in O O N M �D O O vl Q I'D C. O 00 in .•r vi M O vi 't r-- O O\ \D IT O kn r- l-- vl M W) O In I'D r- M 00 \,D N M --� p M N 00 r- N 00 ll- 00 N l-- O O O O O O O O O O C\ O O O O C\ r- kn lD o0 N O O N N --� O O O O O Ln O O 00 O O 1�0 O O O in 0 0 C\ vl W� N O O O O [-� O O O O [� �O O O v1 V; O\ v'i M N �D O kn O O m 00 to N �D O vi O ul Q �I C, O\ g M 00 \D 00 1p M m N Cl) O vl v) M M V 110 M �D N O L �D k CD O 00 -+ --� n -- Q1 O N m [� N M N M n m N k 00 O O O O O O Cl O Cl O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O1 N O O\ I O O kn N d' N �� IT 00 -� 00 m O W) N O O\ W) W') It O1 O kn O [- W) O N Vn N o0 00 Cl O l- r- = ID O 110 kn ID N W')HI� O Q m O Cl11D M ,-. ul 00 vi N Qn O �--� O d' O O N '.0O CD N o0 M Cl I'D 00 �•-� ^' ^' N O •b +U•+ O O O O O O O O O l� O O oo �D �D O O rD �--� 0 0 �--� O O o M O o O CD 0000 OO OC1O O O O00 lD [� 00I. [�Ol�OOOO MOO N O CD CD CDO O O V) O �D N O O �O o0 N O CDO1 kn O �--� vl O O O vi O o O M M �D Vl N 00 %O O\ b > o N bA O Cl O O O O ^ ^ O O O O O O ^ O C) O N O O O O O O N O O O M O O a O C O O O O O O C E O O O O W) O N 00 O O O�nOOU�/?O 0 00�00 N CD O Cl) �D CDl- m 0 N m r- O l- O [- ,O O ON yr O T �D 0 0 0 00 66 �n y a> O O U vi M N ID �O C\ --� N N O M O\ N W" `. _ 00 -. zoo U> O O O O O O O O O O O O O O N 0 0 0 0 0 0 00 C\ O O CD[- 0 0 N Lz. OOOO OO OInO 000 O N 00000 kn Oo0 000000 OOOO OO O O OONOO[�l0000 �00 v'l M NOO 00N b � U 0.1 O o 0 0 0 Cl 0 0 0 0 0 Cl 0 0 Cl 0 0 0 0 0 0 0 0 0 Cl 0 Cl 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m �O O CD 00 O r--•i O O [� �O O O l� M CD CD O O O CD.b ~kn kn M M N rmi N �t O d' N ,--� --� m 00 O c.j N U C y CU ❑ U 40 Cd VW] � vOi � Q N � �n � N N O N ate., N � N � • U � O ..C/) cdC ��� O •C y� Cw 0 env] V� ow ai•UU if) R C A a� 00 U C ee bn ;3 v� O Z O ur O y cj O •cJ .Y •U U y b z ro bA ¢, in y ,� r-a •C O cd O cce CA .b U •'� N O N N N U w p O O O. • Wok C O ¢wU a�i G�J ao.a.a �3oa,¢3xUaz�>ax� a3i x cCC C p,w I � v3wUU y 0 C) 01 �o O N M M� DO M O O\ O 00 �n oo O1 V� M O\ O vi l �n O oo CD 00 O o0 ,5 ... p [l- vi [-- O 1,o O O 00 rn �--� kf) 00 O M O � 00 01 kn l� \o ClO\ O .-. O p � O Oi O \o �t Q; O1 ) �-. l� 01 Vl M kn 1.0 01 l� O1 O\ M ~ W) M IC Cl) �O 00 U r, 0 CD O O 0\ ^ O O kn O� M N �O �-" N O CD�n Il- O I'O O �--� vl M O\ M Q\ O O N [� Vl v� t+l ^'-' M CD O \O O O O �o .•. N O N O --� O O �O O 00 0�� O O O Vl v'l O [� O vl M oo O '� ^ N oo ti �N N 00 O C, O [� (� f' Cl)d' N M 00 00 �� r- C\ � gym. O M N N m .i ..i .-. kn N h N .-i 00 > c� O o 0 O O Wn O \.O O M O 00 7� O �D O1 O O kn 00 N V) k M lO O O O "It 00 O M O� O O O V 00 1p p M DO CD O W) �--� 00 01.0 M lea\ M 10 �o v1 N N to It 00 Cl W) Cl �o CD N �o O00� cd �•to r- M l-Ol M01M l- Cl � [� DD M N l0 00 [- kn �D N �n M O O O O O Cl O O O O O O O o Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 O Cl O O O O O O O O O O O O O O O O O O O Cl O O O O O O O O O O vn It kn O vl� O In W') O 00 I'D O N kn I'o VI) 01 00 — O O M m -n O O Cl O O -n kn O 'n Q 0 00 m 00 l� In N In N N Cl O O 00 l� �O t 10 �n N O N O •-+ O1 klj 00 kn H b O O0 00 N O C y ^ O1 O CD all0 0 0� Cl kn r- O O l� CD ON 0 0 0 kn O O1 O O N O in N [- 00 O\ In W')CD N n O O [- r+ 0 O CD v1 O CD 0 0 0 0 0 O N V) O t- O 91 OnO O O� O O1 0 0� 0 �� tn� � O N O O O N O O 0. 91 06 M �O M kn U 0 o O O O O o0 O Cl Cl N O M 01 O O O O O O M O O O O O Cl CD 01 00 �o M l-- M �o --� m 0 0 0 O O O CD O O Cl O O O O \ Cl w O O O CDO O O M O O �/'� O �t �--� 00 lV, 00 N N N O �n �n N W> 0 W U ' N N M •; � N 6 N -� N �n ..i d• `-' M d• `-' r' `-' r" N N 00 0 00 ,� N ,--i N N l Ur C> o �2 �> Y w ^ O O O O N O O O o0 O [- O O O O 0 0 O %O O O\ CN O O O O N O\ M n m �O m p 0 0 CD 0 O CD O O O ce) 0 +•'' O O O o M 0 Cl 0 M O O O W) O 0 0 00 O M M O O\ N u) 01 O O O N O O m Co N M m N 00 '-. a) O o U GO 0 0 0 o p o 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o O p o 0 0 O p o 0 0 o 0 0 0 +r [- O kn M l-- 10 V) O kn O kn vi O M O 00 V7 O\ r- 00 O me r- O 1�0 \D O O O O C) v1 VO l 0 [� M 00 t� Wn " N V� 00 M N O N M V) N N --� ,--i U bA Cd c N o a) o ., o Y �_ c) o N 0 u `° E 0 y y y W n j °o p�`� rob x`n c� a� 3� onx Of) �� •�� UW onp3 ea'0 o� �. c� .� 0 o C, v) m '� 0 an oZ3 •o •O N 0 •y =� cd Y0i O 0 O N ` '7 '� 0 .� ^ ,:.+ ,�" •p C 'a -' � •7 O p C G) QNf�U xOv�aUE ri WC73a:a0.1 p°,��1 �yww QQ pqW WU Cli 2 ■ \\\ q ej\\\ 2 § ]o » U \ � � I �# o e g» � § > E� OM{ ta000 &3 I/ §k k� - � ) / 7 \ CD C) u w 3 \ >/ /m ] R r 4 _ \ \ / /_ Is \o Qq U Q\§ 2 k2 e J = o c • C> Cl �4«` \/\k > U �o zaQ = / \ � $ t t C, C) \� _ ! i� \I \ �Eos / \ f \ 110 q \ 3 \ / \ 6 k ? M M \ J 7 7 CD M Q \ \ \ g c / \ / \ \ > E q 4 @\\ o C U \ n \ _ - CD\ \ \ \ f � � = \ \ \ \ \ q � § ko _ _ CD f \ f @ @ 7 \ 02» © § e o0o e e wr 0 2 /\)ƒ @ \ \2\ \ \ § w\ S �•� a o o e o Cl 0 .\\\\ \> \�§/\ 2 It ) / @ a Q \ \ f / \ \ \ m// \\ o c oco 0 0 "0 §� , U = a e 9 C:) � f 2 \\2 o e c o e a 7= _ f� _ a j � a § k \ § \ 0 § / j 2 \\f \\\ \ �C& \ \& \ ƒ M M / C�7 / J f \/\ Cl/£ ƒ 00 _§ p 2 M m Eke / \ f \{\ w_# r ooc K 00 =j 3 o 0 0¥ r @ / \\? \ @@\ oa \§/ C 2 /7o0 iC /® \c e- © coo c o00 0 0 G2 gRg c RgR g c o0o e coo o e 02» e w\� 2 / \)•/ \\7 f f _ \\\ \ §>;3 t8 ooc Cl coe o c Eck\ »•� {\/\ \� ~u S k \ 2 ,> @n \\f \ \\? 9 CD~\\ = e o i/ oco 0 oca bD _ /4 = m e _ \\\ \ \\\ \ \ ooco oco, I tz a e ƒ � k � § �D \ k A & ] B > 3)s a Q © o § }23 (� O O M O O N tr) O O 06 O p N 0 0 l� O v1 M 69 O O O O O O N O N Al d�O O C O y .-. O O O O p„ N Q W 0 O O O O M U U �.� 0 C U o00 0 0 0 O � W • cn 41 7 y o }y 1�y CC 7 W U Y p Cdw 000 O N Y G O O O O ^ w° b0 �d U � sv 0 0 0 0 o 0 0 0 � U W sFi M O O N O O N O 01 O O O O O v O 00 O O O O Op OD Op O [� O l� O N W') n O O 00 � M CO 69 O O O O O OoN0 7 N O 69 O O O O O O O O O O 0 0 o I o I o O O O O O O O O I IS! 0 0 0 O O QS 0 0 o I o I o 0 0 0 O o 6s a. W b C4 > D k' b O iLl i".i N U ate+ U W a ° w E0 W o 0 0 0 � o 0 o 0 0 N N M M N M N M Q O O � O O > 7l CG W H O N O O O O W W M o o tC a 0 0 ca CD o cn0 0 0 u x'o U on w G� U 6� � o 0 o O b U sv C � a� W y > A 0 0 0 0 69 / f \ f f § c o 0 0 \ $ $ \ / q f \ & 3 m nol e _ \ \ \ \ o 0 0 0 d� _ 2 ko _ - k § 3 f \ @ f o o e o I�r 0 / e / -I ee;3 eo/\ 7, *•� o o / u > 2aQ \ \ \ - » \@ 2 \k0 « o a m� �< � f \ f � o Cl 0 6 \t t \� _ j k � m & ] > \ / aO+ --�r- m 0000� O 00 oo110 O Cl m N .4: n 110 O O O 01 to [- M W) O Cl O 06 v) [- [- N �O O O O O vl v'i D N O O M W� U 0 moNN M �00� 0000000o m o 0 C1 O1 O O O O O --� .•-i N r- O N O W) M IC O kn v) tf) O � Cl W)\ � N N kn N 00 N N t 000N �o Ow OON OOO l� O .-• 00 N l- B O O C� O1 O v) C 1 O O O 00 C 1 N I'O O O a, O 00 I" 110 Cl O kn l- l vl I -n oo In Q\ a\ kn I- �orol 00 O N - ON� N N 69 69 O O O O O O O O O O O O O O Cl O O Cl O O O O O O O O O O O O O O O O O O O [- O\ l- O O M C1 � Cl �O O O I'O O kn M Q O N v) M O 00 �o 00 O m 0 - '--� D\ [� kn N a n - = W) N 00 .-+ M ,--� 00 N 7 00 A O 6q 69 "O O O Cl O O O O O O O\ O O\ O Cl O O 8 N N 4: 0 0 0 O O 0 0 0 0 Q\ l0 I.IR 0 0 0 0 O p,� OOOO O 0000O�kn No0000 m O W m O N 0 O O1 O O O O ",1- kn O O O O p O O M O M N O O O O 7 �/ O M O O m �O kn N C7w W m M ����knknoo kn W ° o U> O O M O M O O O \O M v) O O O O O � W w 00010 C\ OOO-�o0 v) ll�OOOO O 110 O O C/) cn O O m O r CD<D� CD CD N cq Cl l� 1M � U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OOOO Cl N�O00 �CV0OO 00 OIC 0M \.O v) 00 N N U In � W > '- 0 o U C ID 3 on N 1 In o V > a3i �, ou c E D a� 5 a� b O W .� Y N CAI iL f�i %"i y. a. .N O C .0 ci z bOA VU] 4.) U W cn > p tt.om__,0W .❑ V y y a0+ p 4-7 p 7 O O OaQW�W wUO004v�v� O H X w w � \ \ U / \ \ # Q — _ f \ c o ®/ 2 Qo wool e \\ © e�9 \ / / § 7 /ƒ 2� « � §¢ U _ � _ -0