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HomeMy WebLinkAbout2007 02-20 CCPCITY OF GEM LAKE, MN City Council Agenda February 20, 2007 CALL TO ORDER - By Mayor Emeott at PM CALL OF ROLL Emeott, Artig-Swomley, Rasmussen, Schilling, Watson OTHERS IN ATTENDANCE (Attach list) PUBLIC HEARING — Resolution 2007-05 Public hearing on proposal to sell bonds for construction of City Hall 1) Introduction 2) Statement of need 3) Findings of fact 4) Public Comments 5) Council Comments APPROVAL OF CITY COUNCIL MINUTES AND AGENDA A) Minutes of City Council meeting of Jan 16, 2007 B) City Council Agenda for this meeting PUBLIC NOTICES COMMITTEE REPORTS Planning Commission City Treasurer's report City Hall/Town Hall construction data NEW BUSINESS A) Acceptance of Resolution 2007-05 B) Possible Joint meeting with Vadnais Heights City Council Tuesday March 6`h 6 PM (They only have 30 minutes available Other time C) Approval of contract with Animal Control D) Approval of payment of claims for Jan -Feb 2007 OLD BUSINESS A) Review and approval of January consent agenda (last month's agenda) B) Tax anticipation bond -Tabled C) Hoffman Corner Oil Tobacco License public hearing - Tabled PRESENTATIONS FROM THE FLOOR FUTURE CITY COUNCIL MEETINGS Joint meeting with Vadnais Heights — March 6`h 6:00 PM — VH city hall Next meeting — Tuesday, March 20, 7 PM Other time ADJORNMENT Minutes of City Council Meeting 20 February 2007 The February, 2007 regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Emeott on Tuesday, February 20, 2007 at 7:09 p.m. in the first floor meeting room of Tousley Ford. Mayor Emeott, Councilors Watson, Schilling, and Artig-Swomley were present. Also present were Bonding Financial Advisor, Todd Hagen of Ehlers & Associates, Inc.; Mark Sweet, Construction Manager; Justin Gese, City Engineer; and City Attorney Trevor Oliver. Other members of the public were also in attendance per the sign -in sheet sent around the room. APPROVAL OF AGENDA AND MEETING MINUTES Mayor Emeott then called for additions, deletions and corrections to the Agenda. Mayor Emeott added New Business Item E, Financial (Treasurer's) Report. No other changes to the agenda were noted. The following actions were taken 1) Motion by Watson, Second by Schilling to accept the change to the agenda was unanimously approved; 2) Motion by Schilling, Second by Watson to approve the Minutes of the January 16, 2007 City Council Meeting was unanimously approved. Public Hearing: Todd Hagen of Ehlers & Associations, Inc. explained that tonight's Public Hearing was for consideration to approve a resolution giving preliminary approval for the issuance of the City's General Obligation Capital Improvement Plan bonds in an amount not to exceed $850,000.00; and adopting the City of Gem Lake Minnesota Capital Improvement Plan of 2007 through 2011 therefore. The bond will have a 20 year pay back period. There will be a debt service the first 10 years of $45,000; and then $70,000 over each of the remaining 10 years. The total amount of expenditures proposed under the Capital Improvement Plan is approximately $1,129,463, including approximately $376,488 to be provided by White Bear Township, and the sale by the City of Gem Lake of approximately $785,000 in bonds to be paid for over a twenty year period. In response to a question why that particular amount is proposed to be bonded, Todd Hagen explained that enough needs to be bonded for to cover all costs. The bond is for an amount "not to exceed" $850,000.00. A question was asked, if the building is only 3,500 square feet, the $1.2 million cost seems high. Todd Hagen explained that because it will be a commercial building certain codes need to be met, such as fire sprinklers, handicap accessibility, and mechanicals. The building will be used as Gem Lake's City Hall. White Bear Township will have two meetings there each month and will use the facility as a polling place for precinct 4. It will also include an office to serve as a substation for the Ramsey County Sheriff Department. The Town will provide the buildable site and extend utilities to the building. Watson noted that Gem Lake is creating a city asset with this building. A question was asked if the project requires 10% or 20% for contingencies. Mayor Emeott noted that 10% has been allowed for contingencies. A Gem Lake land owner noted that the current city administration of Gem Lake is most talented and does not need to be recognized by building a city hall and asked if the money could be spent on something else. He noted that the school district is in dire straights and the money could be used for childhood education. He also questioned about the location of the proposed building noting that it would be better to have it around Hoffrnan Road and Highway 61. This would provide for marketability if necessary. Artig-Swomley asked about the plans for the building's driveways. Mark Sweet explained that one-half of the Goose Lake Road right-of-way is still intact and that the other one-half has been vacated to the Town. She asked what soft costs would be involved. It was noted that soft costs will include architectural fees; legal fees; furniture; light fixtures, etc. The Township's current video equipment for recording and cablecasting meetings will be moved to the Town/City Hall facility. Mayor Emeott closed the Public Hearing. Public Notices: Mayor Emeott reported that there are no public notices. COMMITTEES REPORTS: RESOLVED: Motion by Watson, Second by Schilling to accept the Planning Commission Report was unanimously approved. RESOLVED: Motion by Artig-Swomley, Second by Schilling to accept the City Treasurer's Report was unanimously approved. City Hall / Town Hall Construction Data: Mark Sweet, Gem Lake resident/Construction Manager, reviewed and described the cooperative effort between the City of Gem Lake and White Bear Township for this new building. He reviewed the site plan for the proposed building reporting that the building has been placed to maximize natural lighting, accessibility and expansion. The driveway will be off of Otter Lake and Goose Lake Road. The clusters of trees will be retained with only a few trees and some scrub which need to be removed for the building pad. The building will be slab on grade. It will be handicapped accessible. Storm Water drainage and water treatment will be done by use of a rain garden, which utilizes natural plantings to absorb the water and remove sediment. The exterior elevations of the building were reviewed. The building will be built utilizing LEED (Leadership in Energy & Environmental Design) guidelines. He reviewed the main level floor plan of the proposed building. He noted that there will be a large lobby which can serve as an assembly area for people waiting to go into or coming out of the large meeting room. This large meeting room will serve as the City Council's meeting hall. White Bear Township will also use the building for their Town Board meetings from November 2007 to April 2008, during the time that their Old Town Hall is moved and restored. The new building will also serve as the permanent location for the polling place for the Town's 4t' precinct. A City of Gem Lake administration office and a reception desk will be off the lobby. A smaller meeting room for smaller group meetings is also planned on the NW end of the building. The Ramsey County Sheriff's Department will have an office/sub-station in the building. This substation will have access off the lobby with a separate entrance, will be soundproofed, and will be available on a 24 hours basis. The building will utilize vaulted ceilings. There will be two heating zones to provide control for heating either unused or in -use portions of the building. A kitchenette, bulletin board and display area will be off the lobby. A restroom area is also planned off the lobby. The restroom will be larger than normal due to codes for public use facilities and will be handicapped accessible. RESOLVED: Motion by Artig-Swomley and Second by Schilling to approve continued work on the City Hall / Town hall construction was unanimously approved. New Business RESOLVED: Acceptance of Resolution 2007-05: Motion by Schilling and Second by Watson to approve Resolution 2007-05 to authorize the sale of a General Obligation Capital Improvement Plan Bond 2 in the maximum amount of $850,000.00 was unanimously approved. The sale of these bonds will be approved at the April 17th, 2007 City Council Meeting. Joint Meeting with Vadnais Heights City Council - Tuesday, March 6, 2007 at 6:00 p.m.: Mayor Emeott, Coucilors Watson and Schilling will attend the meeting. RESOLVED: Approval of Contract with Animal Control: A citizen asked if patrol by Animal Control was needed. She asked if services could be on an as -needed basis in response to complaints and that there be a set charge rather than an estimate. Motion by Schilling, Second by Artig-Swomley that Animal Control patrol as requested in response to complaints was unanimously approved. RESOLVED: Approval of Payment Claims for January — February, 2007: Motion by Watson, Second by Schilling for payment of claims for January — February, 2007, noting that all are okay within this time frame was unanimously approved. RESOLVED: Financial Treasurer's Report: Motion by Schilling and Second by Watson to approve the February 2007 Treasurer's Report was unanimously approved. A copy is attached to these minutes. Old Business: RESOLVED: Review and approval of January Consent Agenda: Motion by Watson and Second by Artig-Swomley to approve January Consent Agenda was unanimously approved. This agenda was not supplied for approval to the City Council at the January 2007 meeting. Tax Anticipation Bond: This matter was tabled. Hoffman Corner Oil Tobacco License Public Hearing: This matter was tabled to next month. It was noted that HCO did not pass the last two compliance checks and a Public hearing was suggested. Presentations from the Floor: There were no presentations. Future City Council Meetings: 1. Joint meeting with Vadnais Heights —March 6, 2007 at 6:00 —p.m. at VH City Hall 2. Next Council Meeting — Tuesday, March 20 at 7:00. The City Attorney announced that there will be an Attorney -Client meeting following the adjournment of this meeting. ADJOURN: Motion by Schilling and Second by Watson to adjourn the public portion of this meeting at 8:54 p.m. was unanimously approved. AUTHORIZED: APPROVED: ATTEST: ATTEST: �il � �4a Joan J. Clemens Paul Emeott Recording Secretary Mayor Certified Copy CITY OF GEM LAKE, MN 4707 Hwy 61 # 253 _ White Bear Lake, MN 55110-3227 Telephone 651-747-2790 Planning Commission Minutes, 2-6-2007 Planning Commission Chair Lindner opened the February meeting at 7:05PM. Besides Lindner, Commissioner Rafferty and alternate Commissioner Beth Herzog were present. Also present were Councilwoman Gretchen Artig-Swomley, Bob Upzen, Steve Herzog, Economic Development Commissioner Rick Bosak, Councilman Tom Rasmussen, and Mayor Paul Emeott. Comprehensive Plan meeting recap Mr. Lindner reviewed the January 9 city meeting at White Bear Town Hall. SEH ran the meeting and is responsible for processing the content, but Lindner shared with those present the results of the SWOT analysis. Some of the information will be readily adapted into a Comprehensive Plan, while other information (namely those items deemed "threats") will require further analysis. We discussed continuing to pursue the written survey as part of the information gathering process. Walter Powell had been working on this, but now has accepted employment elsewhere and is no longer our city intern. Contacting residents and business owners via a survey still has merit. We also discussed mailings to all residents as the preferred way of communicating the meetings. Beth Herzog stated she would be able to hand deliver some of the mailings as she walks around town. All in all it was a good start to the comp plan update process. Approximately 65 people attended and all had many opportunities to provide input. Mr. Rafferty also wishes to see a revised schedule from SEH to have a better idea of the course our Comp Plan meetings and drafts will take. City Hall Steve Herzog suggested an alternate means of constructing our city hall, using students from Century College who are learning the building trades and the building process. It is an intriguing idea that may or may not fit our construction schedule and our construction process. Craig Rafferty described what he sees as some of the challenges to such an approach. We left the idea hanging pending further review. Ordinance Updates Nuisance Additions and Amendments Mr. Lindner conducted a first reading of the proposed amendments and additions to the Nuisance Ordinance. There was confusion as to which nuisance ordinance these amendments and additions were intended for. Our original nuisance ordinance dates from the 1960s and may or may not still be in effect. Mayor Emeott said he had a draft nuisance ordinance from the attorney, but nobody else had a copy. We started by addressing methamphetamines and their cleanup. Mr. Rafferty asked if this portion was necessary or if we were duplicating something that already deems meth Look for us on the World Wide Web at gemlakemn.org labs as illegal. Mayor Emeott and Councilwoman Artig-Swomley said this portion was necessary so that the city has protocols in place to pass along cleanup costs to the owner/perpetrator of the meth lab property. We also discussed how much are we willing to define and if lack of definition provides a loophole for somebody's actions relating to potential nuisances. We next reviewed proposed section 1.2 and the definition of "noxious weeds as defined by law or not." Many people have wooded areas or dandelions and are not really inclined to want to deal with eradication of said weeds. We prefer a definition that parallels Minnesota Statutes sections 18.76 through 18.88. This may very well preempt a resident from having to remove "weeds" they may not want to remove. Mr. Lindner asked Mayor Emeott to provide him with the copy of the remainder of the nuisance ordinance and to schedule a public hearing for the March Planning Commission meeting Pawnbrokers Because the city has listed pawnbrokers as requiring a license with an associated fee, our attorney suggested we adopt an ordinance that spells out the administrative procedures one needs to comply with in order to receive a pawnbroker license. The zoning ordinance will also require a zoning district that will allow such an establishment to operate in, probably as a conditional use. Both Retail Business and General Business districts were suggested as possible locations. Again, this will receive a public hearing at our March meeting. Other ordinances There are several other ordinances that will require drafting or modification based on our 1997 Comprehensive Plan and our city attorney's review of our existing ordinances. Home occupations, streets, open space, environmental review, and more will all make their way onto future agendas. Mr. Rafferty requested a list (either a checklist or a scorecard) that shows what is the driving force behind including any such ordinance onto our future agendas. Mayor Emeott already has a list he gleaned from the 1997 Comp Plan that partially meets this request. Unscheduled presentations Hartford did not appear at our meeting. There was a general discussion on ordinances that really didn't merit inclusion into the formal minutes (these items will all receive Planning Commission attention at future meetings) so Mr. Lindner adjourned the meeting at 8:30PM. Jim Lindner Planning Commission chair (Notice the lack of "interim" in this title. Mr. Lindner was appointed the official chair for 2007 at the January Council meeting, and this was the first meeting he conducted as the official chair. No fanfare was requested and none was given.) Look for us on the World Wide Web at gemlakemn.org 2007 through 2011 Five -Year Capital Improvement Plan for the City of Gem Lake, Minnesota February 20, 2007 MIN N E S O T A Prepared by: Ehlers & Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113 19 �EHLERS d ASSOCIATE'S INC K Table of Contents I. INTRODUCTION..................................................................... 3 II. PURPOSE.............................................................................................4 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS ..............5 IV. PROJECT SUMMARY........................................................................6 V. FINANCING THE CAPITAL IMPROVEMENT PLAN....................9 PROJECT COSTS...........................................................APPENDIX A PROPOSED CIP BOND ISSUES ...................................APPENDIX B PRE -SALE SCHEDULE .................................................APPENDIX C RESOLUTIONS/NOTICE OF PUBLIC HEARING...... APPENDIX D Ehlers & Associates, Inc. Page 2 City of Gem Lake Five -Year Capital Improvement Plan 2007 through 2011 I. INTRODUCTION In 2003, the Minnesota State Legislature adopted a statute that generally exempts municipal bonds issued under a capital improvement program from the referendum requirements usually required for city halls, public works, and public safety facilities. The 2005 Legislature added towns to the meaning of a municipality and town halls and libraries to the meaning of a capital improvement. Ehlers & Associates, Inc. Page 3 II. PURPOSE A capital improvement is a major expenditure of municipal funds for the acquisition or betterment to public lands, buildings, or other improvements used as a city hall, town hall, library, public safety, or public works facility, which has a useful life of 5 years or more. For the purposes of Minnesota Statutes, Section 475.521, capital improvements do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than city or town halls, or land for those facilities. However, this plan includes certain additional capital improvements beyond the scope of that statute. A Capital Improvement Plan (CIP) is a document designed to anticipate Capital Improvement expenditures and schedule them over a five- year period so that they may be purchased in the most efficient and cost effective method possible. A CIP allows the matching of expenditures with anticipated income. As potential expenditures are reviewed, the municipality considers the benefits, costs, alternatives and impact on operating expenditures. The City of Gem Lake, Minnesota (the "City") believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical assets and sound fiscal management. In these financially difficult times good planning is essential for the wise use of limited financial resources. The Capital Improvement Plan is designed to be updated on an annual basis. In this manner, it becomes an ongoing fiscal planning tool that continually anticipated future capital expenditures and funding sources. Ehlers & Associates, Inc. Page 4 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows; the City Council authorizes the preparation of the Capital Improvement Plan (CIP). The City staff is instructed to assemble the capital expenditures to be undertaken within the next five years. The City Council then reviews the expenditures according to their priority, fiscal impact, and available funding. From this information, a preliminary capital improvement plan is prepared. A public hearing is held to solicit input from citizens and other governmental units. Changes are made based on that input, and a final project list is established. The City Council then prepares a plan based on the available funding sources. If general obligation bonding is necessary, the City works with its financial advisor to prepare a bond sale and repayment schedule. Over the life of the CIP, once the funding becomes available, including proceeds from the bond sales, the individual capital expenditures can be made. In subsequent years, the process is repeated as expenditures are completed and as new needs arise. Capital improvement planning looks five years into the future. For a municipality to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the governing body must approve the sale of capital improvement bonds by a 3/5ths majority of its membership. In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City's official web site. The governing body approves the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall be called (if a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity). Ehlers & Associates, Inc. Page 5 IV. PROJECT SUMMARY The expenditures to be undertaken with this Capital Improvement Plan (CIP) are limited to those listed below. All other foreseeable capital expenditures within the municipal government will come through other means. The following expenditures have been submitted for inclusion in this CIP: 2007 Expenditures • Joint Use City Hall Building $1,129,463.00 Any additional expenditures for 2007 and expenditures for 2008 through 2011 are not known at this time. The statute has established certain criteria that must be met. Under these criteria, the City has considered the following eight points: 1. Condition of the City's infrastructure and need for the project 2. Demand for the improvement 3. Cost of the improvement 4. Availability of public resources 5. Level of overlapping debt 6. Cost/benefits of alternative uses of funds 7. Operating costs of the proposed improvements 8. Options for shared facilities with other cities or local governments The CIP is composed of projects that will preserve land located within the City for a new city hall building and other uses, and allow the City's public service operations more space in a new area. The City has analyzed the eight points required per statute for each project on an individual basis and as a whole. Their findings are as follows: CITY HALL PROJECT Conditions of City Infrastructure and Need for the Projects Due to the increase in demand, additional space will be needed for a building to include a site of voting in all elections with a portion of it being used for township meetings and county sheriff services. The City currently occupies space within a local business to conduct its meetings. City staff currently operates from their homes to conduct City business. The ongoing Ehlers & Associates, Inc. Page 6 increasing demands for service and additional space needs to accommodate staff, equipment and materials also support the need for a new Joint Use City Hall Building. Demand for Projects Due to increasing public awareness and escalating property values, a new building is required to meet the demands of rapid population growth to better serve the City's growing needs. Estimated Cost of the Projects See Project Summary for details of all project costs. Availability of Public Resources The city hall project is being funded by bond proceeds, township and county funds. Level of Overlapping Debt The City currently has no overlapping CIP debt. Relative Costs and Benefits of Alternative Uses of the Funds This is a high priority due to the limited space available at this time. The condition of the current building makes this project necessary for the City. The cost of renting extra space for this type of facility makes it impractical. There are no significant alternatives for funds designated for this project. Operating Costs of the Proposed Improvements All public service operation costs will increase as demand for these services increases over time. Due to increases in physical dimensions of the new proposed facility, operating costs will increase. A more energy efficient building should help offset some of these increased costs. Options for Shared Facilities with Other Cities or Local Government The City will share the building with White Bear Township and the Ramsey County Sheriffs Office for use as an interim town hall during renovation, as Ehlers & Associates, Inc. Page 7 a site of voting in all elections, and as space for a county sheriff substation with the capacity of being used for community based association meetings. The project will benefit residents of the City, White Bear Township and Ramsey County. This project is part of the City's 1997 Comprehensive Plan to work with adjacent local governments to share costs of public facilities. Ehlers & Associates, Inc. Page 8 V. FINANCING THE CAPITAL IMPROVEMENT PLAN The total amount of requested expenditures under the Capital Improvement Plan is approximately $1,129,463. If these expenditures are to be funded, that amount of money is anticipated to be generated through $376,488 in White Bear Township funds and the sale of approximately $785,000 in bonds over the five-year period. In the financing of the Capital Improvement Plan, two statutory limitations apply. Under Chapter 475, with few exceptions, municipalities cannot incur debt in excess of 2% of the assessor's taxable market value for the municipality. However, Section 521 of Chapter 475 allows municipalities with a population of fewer than 2,500 to be exempt from net debt limits. In the City the population is 442. Therefore, the limitation on net debt does apply. In the City the TMV is $78,235,400. Therefore, if the City were subject to the net debt limit, the total amount of outstanding debt cannot exceed $1,564,708. As of this date the City had $-0- subject to the legal debt limit. Another limitation on bonding under the Capital Improvement Plan Statute (475.521) is that without referendum, the total amount that can be used for principal and interest in any one year for CIP debt cannot exceed 0.16% of the TMV for the municipality. In the City, that amount is $125,177 ($78,235,400 x .0016). The principal and interest payments are estimated to start at $47,038 in calendar year 2008 and increase to a peak of $75,690 in the year 2023. Under the Capital Improvement Plan, the City will secure approximately $785,000 in general obligation bonds in the year 2007 to finance the Joint Use City Hall Building. No additional general obligation bonds are anticipated to be issued at this time. The general obligation bond issue will be repaid over a 20-year period. The par amount of the issue is based on the amount listed in Appendix A plus estimated issuance costs. The proposed general obligation capital improvement bond (including issuance costs) is shown in Appendix B. Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed Ehlers & Associates, Inc. Page 9 expenditures, make priority decisions, and seek funding for those expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. Any future road work described in this Plan might constitute "reconstruction" under Minnesota Statutes, Section 475.58, Subdivision 3a, which would allow the issuance of bonds without an election even if there are not planned special assessments for that work. However, this Capital Improvement Plan would not meet the requirements for a five-year "street reconstruction plan." If the City later plans to issue reconstruction bonds, the City would need to prepare a separate reconstruction plan, or an amendment to this Plan that specifically describes the streets to be reconstructed. Ehlers & Associates, Inc. Page 10 APPENDIX A PROJECT COSTS (Capital Expenditures to be funded with Bond Proceeds) The 2007 capital expenditure of approximately $1,129,463 for the Joint Use City Hall Building is to be funded with bond proceeds and $376,488 in White Bear Township funds. This Building will be constructed for use as an interim town hall during renovation, as a site of voting in all elections, and as space for a county sheriff substation. These expenditures are anticipated due to: • Rapid population growth. • Increased demand for services. • Escalating property values. • Increased awareness of needs by the public. City of Gem Lake, Minnesota $785,000 General Obligation Capital Improvement Plan Bonds, Series 2007 (Joint Use City Hall Project) -Full Competitive Sale/20 Year Level @ $45K/Year Balloon - Sources & Uses Dated 05101/20071 Delivered 05/01/2007 Sources Of Funds Par Amount of Bonds $785,000.00 Additional source offunds (WBT@1/3) 376,488.00 Total Sources $1,161,488.00 Uses Of Funds Total Underwriter's Discount (1.500%) 11,775.00 Costs of Issuance 19,985.00 Deposit to Project Construction Fund 1,129,463.00 Rounding Amount 265.00 Total Uses $1,161,488.00 Ehlers & Associates, Inc. Page 11 APPENDIX B PROPOSED CIP BOND ISSUES City of Gem Lake, Minnesota $785,000 General Obligation Capital Improvement Plan Bonds, Series 2007 (Joint Use City Hall Project) -Full Competitive Sale/20 Year Level @ $45K/Year Balloon - Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 05/01/2007 - - - 02/01/2008 24,028.13 24,028.13 24,028.13 08/01/2008 - - 16,018.75 16,018.75 - 02/01/2009 15,000.00 3.700% 16,018.75 31,018.75 47,037.50 08/01/2009 - - 15,741.25 15,741.25 - 02/01/2010 15,000.00 3.700% 15,741.25 30,741.25 46,482.50 08/01/2010 - - 15,463.75 15,463.75 - 02/01/2011 15,000.00 3.750% 15,463.75 30,463.75 45,927.50 08/01/2011 - - 15,182.50 15,182.50 02/01/2012 15,000.00 3.750% 15,182.50 30,182.50 45,365.00 0810IY2012 - - 14,901.25 14,901.25 - 02/01/2013 15,000.00 3.800% 14,901.25 29,901.25 44,802.50 08/01/2013 - - 14,616.25 14,616.25 - 02/01/2014 20,000.00 3.850% 14,616.25 34,616.25 49,232.50 08/01/2014 - - 14,231.25 14,231.25 - 02/01/2015 20,000.00 3.900% 14,231.25 34,231.25 48,462.50 08/01/2015 - - 13,841.25 13,841.25 - 02/01/2016 20,000.00 3.950% 13,841.25 33,841.25 47,682.50 08/01/2016 - - 13,446.25 13,446.25 - 02/01/2017 20,000.00 3.950% 13,446.25 33,446.25 46,892.50 08/01/2017 - - 13,051.25 13,051.25 - 02/01/2018 45,000.00 4.000% 13,051.25 58,051.25 71,102.50 08/01/2018 - - 12,151.25 12,151.25 - 02/01/2019 50,000.00 4.050% 12,151.25 62,151.25 74,302.50 08/01/2019 - - 11,138.75 11,138.75 - 02/01/2020 50,000.00 4.100% 11,138.75 61,138.75 72,277.50 08/01/2020 - - 10,113.75 10,113.75 - 02/01/2021 55,000.00 4.100% 10,113.75 65,113.75 75,227.50 08/01/2021 - - 8,986.25 8,986.25 - 02/01/2022 55,000.00 4.150% 8,986.25 635986.25 72,972.50 08/01/2022 - - 7,945.00 7,845.00 02/01/2023 60,000.00 4.150% 7,845.00 67,845.00 75,690.00 08/01/2023 - - 6,600.00 6,600.00 02/01/2024 60,000.00 4.150% 6,600.00 665600.00 73,200.00 08/01/2024 - - 5,355.00 5,355.00 - 02/01/2025 60,000.00 4.200% 5,355.00 65,355.00 70,710.00 08/01/2025 - - 4,095.00 4,095.00 02/01/2026 65,000.00 4.200% 4,095.00 69,095.00 73,190.00 0810IY2026 - - 2,730,00 2,730.00 - 02/01/2027 65,000.00 4.200% 2,730.00 67,730.00 70,460.00 08/01/2027 - - 1,365.00 1,365.00 - 02/01/2028 65,000.00 4.200% 1,365.00 66,365.00 67,730.00 Total $785,000.00 $457,775.63 $1,242,775.63 - Ehlers & Associates, Inc. Page 12 APPENDIX C Pre -Sale Schedule dated February 20, 2007 5-Year City Capital Improvement Plan Bond Issuance City of Gem Lake, Minnesota The City Council must take the following actions before Bonds can be issued: • City Council directs preparation of a 5-Year Capital Improvement Plan. • City Council conducts a Public Hearing on issuance of Bonds and Capital Improvement Plan. • City Council approves Bonds and Capital Improvement Plan by at least a 3/5ths vote of the governing body membership. The table below lists the steps in the issuing process: 1/16 City Council adopts Resolution calling for Public Hearing on issuance of Bonds and on Capital Improvement Plan. 1/25 by City Close date to get Notice of Public Hearing on issuance of Bonds and on Capital Improvement Plan to official newspaper for publication. 1/31 Publish Notice of Public Hearing on issuance of Bonds and on Capital Improvement Plan (publication no more than 28 days and no less than 14 days prior to hearing date). Additionally, notice may be posted on the City's official web site, if any. 2/20 @ 7:00 City Council holds Public Hearing on Bonds and on Capital Improvement Plan and adopts Resolution giving preliminary approval for their issuance and approving Capital Improvement Plan by at least a 3/5ths vote of the governing body membership. 3/19 City Council provides for sale of Bonds. 3/22 Reverse referendum period ends (within 30 days of the public hearing). 4/16 City Council accepts offer for Bonds and adopts Resolution -Approving sale of Bonds. May Tentative closing/receipt of funds. Net Debt Limit Annual Levy Limit Assessors Taxable Market Value Taxable Market Value 78,235,400 Multiply by 2% 178,23%,400Assessor's Multiply by.16% 0.0016 Statutory Debt Limit Statutory Levy Limit 125,177 Less: Debt Paid Solely from Taxes Less: Annual Levy under CIP (75,690Unused Debt Limit Unused Levy Limit 49,487 EHLERS & ASSOCIATES INC Ehlers & Associates, Inc. Page 13 APPENDIX D EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF GEM LAKE, MINNESOTA HELD: January 16, 2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of City of Gem Lake, Minnesota, was duly called and held at the City Hall in the City of Gem Lake, Minnesota on Tuesday, the 161" day of January, 2007 at 7:00 p.m. for the purpose, in part, of calling a public hearing on the intention to issue general obligation capital improvement plan bonds and the proposal to adopt a capital improvement plan therefor. The following members were present: And the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION CALLING PUBLIC HEARING ON THE INTENTION TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS AND THE PROPOSAL TO ADOPT A CAPITAL IMPROVEMENT PLAN THEREFOR A. WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of Gem Lake, Minnesota (the "City") may issue bonds to finance capital expenditures under its capital improvement plan (the "Plan") without an election provided that, among other things, prior to issuing the bonds the City adopts the Plan after a public hearing thereon and publishes a notice of its intention to issue the bonds and the date and time of a hearing to obtain public comment on the matter; and B. WHEREAS, the City Council will hold a public hearing on its intention to issue general obligation capital improvement plan bonds (the "Bonds") and to adopt the Plan therefor pursuant thereto on February 20, 2007; and Ehlers & Associates, Inc. Page 14 NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Gem Lake, Minnesota, that the City Council hereby calls for a public hearing on its intent to issue the Bonds and to adopt the Plan therefor, such hearing to be held on the date and time set forth in Exhibit A attached hereto. The City Council is hereby directed to cause the notice to be published at least 14 but not more than 28 days before the hearing in the official newspaper of the City or a newspaper of general circulation in the City. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof - and the following voted the same: Whereupon said resolution was declared duly passed and adopted. Ehlers & Associates, Inc. Page 15 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF GEM LAKE I, the undersigned, being duly qualified and acting Clerk of the City of Gem Lake, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City Council calling a public hearing on the intention to issue general obligation capital improvement plan bonds and proposal to adopt a capital improvement plan therefor. WITNESS my hand on this 16th day of January, 2007. City Clerk Ehlers & Associates, Inc. Page 16 EXHIBIT A CITY OF GEM LAKE NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS AND PROPOSAL TO ADOPT A CAPITAL IMPROVEMENT PLAN THEREFOR NOTICE IS HEREBY GIVEN, that the City Council of the City of Gem Lake, Minnesota will meet on February 20, 2007 at 7:00 p.m. at the City Hall, 1493 East County Road E, Gem Lake, Minnesota, for the purpose of conducting a public hearing on (a) the intention to issue general obligation capital improvement plan bonds in an amount not to exceed $850,000 and (b) the proposal to adopt a capital improvement plan therefor. The proceeds of the bonds will be used to finance various capital improvements within the City pursuant to Minnesota Statutes, Section 475.521; specifically to finance the construction of a new joint use city hall building to be shared with White Bear Township and the Ramsey County Sheriff's Office. All persons interested may appear and be heard at the time and place set forth above. If a petition requesting a vote on the issuance of the bonds is signed by voters equal to 5 percent of the votes cast in the City in the last general election and is filed with the City within 30 days after the public hearing, the bonds may only be issued upon obtaining the approval of the majority of the voters voting on the question of issuing the bonds. Individuals unable to attend the public hearing can make written comment by writing to Fritz Magnuson, City Clerk, 1369 East County Road E, Gem Lake, Minnesota, 55110. Written comments must be received prior to the public hearing. BY ORDER OF THE CITY COUNCIL /s/ Fritz Magnuson City Clerk f Submit: 1/25; Publish: 1/311 Ehlers & Associates, Inc. Page 17 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF GEM LAKE, MINNESOTA HELD: February 20, 2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Gem Lake, Minnesota, was duly called and held at the City Hall in the City of Gem Lake, Minnesota on Tuesday the 20`h day of February, 2007 at 7:00 p.m. for the purpose, in part, of giving preliminary approval for the issuance of the City's general obligation capital improvement plan bonds and adopting the City's capital improvement plan. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO EXCEED $850,000 AND ADOPTING THE CITY OF GEM LAKE MINNESOTA CAPITAL IMPROVEMENT PLAN OF 2007 THROUGH 2O11 THEREFOR A. WHEREAS, the City Council of the City of Gem Lake, Minnesota (the "City") proposes to issue its general obligation capital improvement plan bonds (the "Bonds") and adopt the City of Gem Lake, Minnesota Capital Improvement Plan of 2007 through 2011 therefore (the "Plan"); and B. WHEREAS, the City has caused notice of the public hearing on the intention to issue the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance with Minnesota Statutes, Section 475.521; and C. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed Plan has been held on this date, following published notice of the hearing as required by law; and D. WHEREAS, in approving the Plan, the City Council considered for each project and for the overall Plan: 1. The condition of the City's existing infrastructure, including the projected need for repair and replacement; 2. The likely demand for the improvement; 3. The estimated cost of the improvement; 4. The available public resources; Ehlers & Associates, Inc. Page 18 5. The level of overlapping debt in the City; 6. The relative benefits and costs of alternative uses of the funds; 7. Operating costs of the proposed improvements; and 8. Alternatives for providing services more efficiently through shared facilities with other local government units. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Gem Lake, Minnesota, that the City hereby gives preliminary approval for the issuance of up to $850,000 aggregate principal amount of the Bonds. The Plan is hereby adopted, the same being before the City Council and made a part of these proceedings by reference. The motion for the adoption of the foregoing resolution was duly seconded by Member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof - and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Ehlers & Associates, Inc. Page 19 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF GEM LAKE I, the undersigned, being duly qualified and acting Clerk of the City of Gem Lake, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a resolution giving preliminary approval for the issuance of the City's general obligation capital improvement plan bonds and adopting the City's capital improvement plan therefor. WITNESS my hand this 20th day of February, 2007. City Clerk [Bonds must be approved by at least three -fifths of the members.] [Issuance of Bonds is subject to a 30-day reverse referendum after the public hearing.] Ehlers & Associates, Inc. Page 20 CITY OF GEM LAKE, MN 4707 Hwy 61 # 253 White Bear Lake, MN 55110-3227 E-mail Citynt;emlakeMN.ora Telephone 651-747-2790 Resolution 2007-07 Resolution establishing limited sewer back-up, clean-up and property damage protection for municipal sewer customers WHEREAS, the city affords municipal sanitary sewer services to many of the property owners within the city, and WHEREAS, on occasion blockages or other conditions in the city sanitary sewer lines may result in the back-up of sewage into properties that are connected to these city sanitary lines, and WHEREAS, sewer back-ups into property pose a public health and safety concern, and WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal sanitary sewer back-ups, and WHEREAS, the City Council desires to encourage the expeditious clean-up or properties that have encountered sewer back-ups, and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust, and WHEREAS, the League of Minnesota Cities Insurance Trust is making available to the city a limited "no-fault" sewer coverage that will reimburse property owners for certain clean-up cost and property damage irrespective of whether City is thought to be legally at fault. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Gem Lake, Minnesota, as follows. As part of the contract for the provision of sewer services to the customers of the City and in consideration of the payment of sewer bills, the City agrees to reimburse its sanitary sewer customers for up to $ 10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, irrespective of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions: Look for us on the World Wide Web at gemlakemn.org a. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. b. The back-up must not have been caused by a catastrophic weather or other event for which Federal Emergency Management Assistance is available c. The back-up must not have been caused by an interruption in electric power to the city's sewer system or to any city lift station, which continues for more than 72 hours d. The back-up must not have been caused by rainfall or precipitation what would constitute a 100-year storm as determined by the National Weather Service e. Neither the city nor the League of Minnesota Cities Insurance Trust (LMCIT) will reimburse any costs which have been or are eligible to be covered under the property owner's own homeowners or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection ( NFIP) policy, whether or not the property owner actually has NFIP coverage f. The maximum amount that the City or LMCIT will reimburse is $ 10,000 per building per year. In this regard, a structure of group of structures served by a single connection to the city's sewer system is considered a single building. Motion made by Seconded Adopted by the Council on City Clerk Mayor Look for us on the World Wide Web at gemlakemn.org Claims For Payment CITY OF GEM LAKE Paul Emeott, Mayor Chuck Watson, Council Hutch Schilling, Council Gretchen Artog-Swomley, Council Tom Rasmussen, Council Tom Kelly, Treasurer Period Ending: 2/14/2007 Signatures Approving Claims Date of Approval Date Claim # I Paid Paid To Description of Claim $ Amount sewer runa 2151 2/14/2007 Metropolitan Council March Sewer Charges 1,159.00 2152 2/14/2007 One Call Concepts Annual Fee & 4 fix 105.80 2153 2/14/2007 Voided Stamped Wrong Amount 2154 2/14/2007 Visu-Sewer Clean & Seal Clean & Televise Sewer 23,800.00 Total Sewer Fund 25,064.80 General Fund 7001 2/14/2007 League of MN Cities New Council Conference 265.00 7002 2/14/2007 VLAWMO 1st 1/2 Contribution 3,259.50 7003 2/14/2007 Ramsey County Feb Law Enforcement 6,007.04 7004 2/14/2007 Assoc. for Nonsmokers MN 2007 Tobacco Compliance 85.50 7005 2/14/2007 Smith Schafer & Assoc. Prepare Tax Forms 295.00 7006 2/14/2007 Rick Johnson Deer & Beaver Remove 2 Dead Deers 200.00 7007 2/14/2007 City of White Bear Lake Feb Fire Contract 1,358.67 7008 2/14/2007 T. A. Schifsky & Sons Snowplowing 1/15 & 1/22 2,205.10 7009 2/14/2007 Press Publications Legal Notices 151.80 7010 2/14/2007 Robb Olson Law Offices Prosecution Fees 415.00 7011 2/14/2007 Leonard, O'Brien, Spencer, Gale & Sayre Hansen Detachment Legal Fee 412.50 7012 2/14/2007 Kelly & Fawcett P.A. Legal Fees 7,993.24 7013 2/14/2007 Rafferty, Rafferty, Tollefson, Lindeke Dec Architect Fees 5,264.46 7014 2/14/2007 White Bear Township Finance & Building Permit Fees 1,251.87 7015 Teresa Tice Take Minutes 130.00 7016 Paul Emeott Mileage, Zoning Time, InspectionE 869.17 7017 SEH a Comprehensive Plan Work 2,532.66 7018 T. A. Schifsky & Sons Snowplowing 2/6/07 1,083.80 7019 Xcel Street Lights 74.92 7020 Waste Management Recycling 333.90 Total General Fund 34,189.13 Total Claims 59,253.93 Page 1 of 2 Bill Short From: Trevor Oliver [toliver@kellyandfawcett.com] Sent: Wednesday, March 28, 2007 12:06 PM To: pemeott@comcast.net Cc: pkelly@kellyandfawcett.com; Bill Short Subject: FW: Hillary Farm Paul - I received these items from Ric Rosow today, along with a voice mail explaining the issue. It appears to be a simple recording error, and the declaration will be transferred to the appropriate lot through execution of the "Release of Declaration," for which Mr. Rosow seeks your signature. There does not appear to me to be any reason not to sign the document and move the restriction to Lot 26 if that is where it was intended to go. Mr. Rosow sent the amendment and stipulation to Mr. McNulty, and we should hopefully see those soon. Mr. Rosow would also like a copy of the signed resolution for his files. I am available to discuss any of these items if you want to give me a call. Thanks, Trevor Trevor S. Oliver Attorney at Law Kelly & Fawcett, P.A. 651.224.3781 www.kel.lyandfawc_.ett com THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE AND IN ANY ACCOMPANYING ATTACHMENT, IS CONFIDENTIAL AND PRIVILEGED AS ATTORNEY -CLIENT COMMUNICATION. IT IS INTENDED ONLY FOR THE USE OF THE RECIPIENT(S). IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER THIS MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, OR DISTRIBUTION OF THE CONTENTS OF THIS TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AT (651) 224-3781. From: Richard F. Rosow [mailto:rrosow@grjn.com] Sent: Wednesday, March 28, 2007 10:30 AM To: toliver@kellyandfawcett.com Cc: Jim McNulty (R. James McNulty); Gary Johnson; Dan Gregerson Subject: Hillary Farm Dear Trevor: As I explained in my voice mail a Declaration of Restrictions and Covenants for Replacement Wetland was incorrectly filed against Lot 1, Block 1, Hillary Farm. It should have been filed against Lot 26, Block 1, Hillary Farm. I am attaching the original Declaration filed as Doc. No. 3848118, the replacement Declaration which Jim McNulty will executed at the closing on the sale of Lot 1 on Friday and have the closer at Old Republic file against Lot 26, Block 1, and a Release of the original Declaration which Jim will also execute and which the Closer at Old Republic requires be executed by the City. We would appreciate if the Mayor could execute this prior to Friday. Jim McNulty will arrange to pick up the executed document. Please call me after you have returned to the office and reviewed the Release so we can discuss if this is possible. I am in this morning but out at a city client 3/28/2007 Page 2 of 2 this afternoon. If you calla this afternoon please talk to Dan Gregerson as he is familiar with this matter as well. is sow Gregerson, Rosow, Johnson & Nilari, LTD. 1600 Park Building 650 Third Ave. South Suite 1600 Minneapolis, MN 55402 612-436-7477 (Direct) 612-338-0755 (Main) 612-349-6718 (Facsimile) Email: i osowGg n.com www.grjn.com The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 3/28/2007 MAR-27-2007 14:45 GREGERSON ROSOW 6123496718 P.01/05 03/27/2007 14:44 ANDERSON ENGINEERING 7633e3-1089 3 6123496718 NO.592 p01 ANDERSON ENGINEERINGof Minnesota, LLC CML ENGINEERING & LAND SURVEYING M05 1st Avenue North SWce 100 • Plymouth, Minnesota 55441 . Tel: 763.412.4000 a Fax: 763.412,4090 FAX COVER SHEET To: C— eep5oul Company: Fax Number: Date; 3 Z 0 From: Comm. No, f Project:''No. of of Pages; Crn -- Message:- :5AyZ tJ FA C.or Zl" }xO(kI C.C. I,AND DEVELOPNI)J NT • MUNICIPAL + I-IIGHWAY'S a RAILROADS SURVEYING 9 WETLANDS . ENVIRONMENTAL ASSESSMENTS MAR-27-2007 14:45 GREGERSON ROSOW 03/27/2007 14:44 ANDERSON ENGINEERING 763383-1099 3 6123496718 612349671$ P.02i05 NO.592 P02 � [1b�11�7#!ilth sti+in9t� ,• .".t I'tihcOrt9ed 9�/13l2g55 95or� Qwirrty REmrdtr, karnsq Co,lnty, AIN ti �1.3 277772 -- - -.. - - (A.-%),. ';pace is Rcserv5d fa ;,xc,4,lrP. If;Ix _ _-..,.-- --..-. 1'.1 CX.,�.)t,�'l'io;�i Of 6�1``,S`1'r�jl'. I'TONS A7ND COVEs.1wiA:V7Ts IFUM xi ,I;,S L%:C'Jr=l:if,]t} C;t Cr.C$t1is?tC,T1� 511 l�c7v .ls for h'�p15e=e[at %vella-.1d f �pC1: rUClri.;i, 1': tnj,ds t.":1:, ft : a.p :Y2004 by 0 1 c ,,ttdvs: td i.1 ,laf-wit: RI,C:rrAu A The Deci ari�r:�tisolds the fee tle (!t-re'tpetual 6Sa teaxt 00. The realpropnty described Wetland Rcplaca :ant Area # 1, ioated in Lot, 1, Block 1, TLI ARY F'AP-M ADD1130- N r.,t T3+'N, F:?b',�ti , S pn,':ion ?7) in thn Cary & Qcm Lair - Ramsey County, Nlimes013. 3. 'rrl:,, reai prapeii'y is the Site c, a Rnplaceniernt Wetland, as dcflned L-L '',4icncSQt': P4.70,7110, Mbp, 4Ci, C. T."c�:4.c1"r; s c—.nkin a i4 .�? , (1' ;1 ;!, i derNfi ]lesots � r.!l:L > r1 9 S Pp ! c f 1 rFp �. ;-Went pl �ta'�u1. x 722 :rid i�,iR;:•4�;+�t� FU.L'°.; c`�;:'.,•'1'1^>7 f}]' i�j ;�! f;,,f�%,lr pl; rt UT)S)C1'I4iT]w.R w, rwl`✓S 110 ulfetland is B.,L II I:i to the WbU.Ina [".Oq]-5•,w-V r,tiOff rlGc Of Cl� ' , i�;: a':i`11L'4d, Mjrj e�ctQ tij41':IL'CS 5wicxi i Cl3G.:2 C_t-f_� , ' d a:l.� ptviSiom Oflaw that sUPP tc u'c>lan::�, zx=t -hat the _xr:r;� pp o2s i1a i•'fit:rlPs�ra tstura;� .c:'�tir,;,,nr; .1 OV3.224 ( dry not apply ro t:ia �.�tac�:ft',et�' �.}';ttar,d, �,i.ar,lxc�t to ;vlituiesr��3 tii.ules �7F'I.i.�rl 1 �. FOAM A - L)ECIAA.ATIAN Of, PPA" ` IC7'Icr.Ns awla COVENA3gU FOR)��Pi,AtL'It��N>y�AI�'kk14� r .1 Ir , 1 , ... , � .. 7 � :i , -' i� (i �'ti, I; MAR-27-2007 14:45 03/27/2007 14:44 GREGERSON ROSOW ANDERSON ENGINEERING 763383-1099 4 6123496718 6123496718 P.03/05 NO.592 P03 �b.,i!sVzdna-,s Lakc Alva 1 W, whm add.,-tqe 'I's 4?0 1 7-- AP rePere=esi,i to Slatl,116S a3idRWn are to the slataa�li PVaICF V.1Lr7enIly in ofect and as aTrevidcd OT Ce11WFb&re-d in 61s fvWre- RESTW(MON5 AND COVENANT$ jjl Vk.• r C� r C i r) A;.,- a w 1-1�, shr�!! rwil a 7, L-S, 'a,1L1 'asSiFr -1 Th�;.NUIUW L ihzd -n ainill ri, i rtI,li cx-mmt Wedaid of the 070,md t"y-Pe SPPRC1,01 ce �n tlr.� plan or bark Dln the ]_GUaoi on Me at thn officm of ."be �%G--_" Ucchr�.r- snail not Mak-- allj, � f the Repk-�-zmcnt %43evlwid -hat. wm)ld adv�nwly affen" :he wp 0 N'mticms x valif's of tbo, to wetland as dormivpod by Mijjjxjcsc,tz Rules 8420,054rd, subp, 3 J. aid s in the repla(;cn, i-Tit plan ov ba.okplgii, 2. Dwhiran" a1a.11! pay theQ(3StS of Tria-inwriance.. TePairq, rccoxlstrudor� and raplicealen: of wi.i1cl, LLa, LOU cj, a1e Z'taic T3ca--d r" �N3tcr and Scil kesocLrces m-yy dean nec�c.ss.ary jo j :or2ply wib the s-,,cc1Pwd0-i9 fcT'Ihe 'Arci6a.d in :he iipprcvcl rl-.q; or bank plan. gna ri,,s to tlx LOT), ibL ffi 6 T,G 1; W, L, el(: 5 tzte, of "A i -.-III ava, reason. lb 10, ftcV: e -Lbe- P,�T la mmimt W*e d&Rd for I.% ,c ct' on, U1 erm-y orl cnt jvd� j;',': 1. r,7j 7) ' J1, . " . 11 .1, jr S. -a m P-.n tg e ii n j, GC %Vill i,' ID-,,alaram i%-F.-csEnt4,;, that bt: a 7.:e11 -tf,— - 'r- TLelard o%hil."h hc an'th;!-, lit "vcli-,PnM$ P- it intm:-� Ltc, the 3e re,,.. r.jjC6J,'- 'IM di n g ox 11 i -x the. L C-l", If Lb i g D e 61 Pmt or i S g , v E*,, p. - 3 mi a r-t t C -led 'm pzocaeding w4h 6�msrzurdcm o F I t o tr. r; L 0 UT b H' Uzi M R-M A - DECLARATION OF PLEMICOONSkND COVEYVAXIS FOR REFLACENJ CN-r-TAANXI-N G WETLA NO MAR-27-2007 14:45 GREGERSON ROSOW 03i27i2007 14:44 ANDERSON ENGINEERING 7633e3-1089 4 6123496719 �E141r F� _t 1,. 4 MCraLit_i'v E.1;_1NF;4h;IES 61234967ie P.04i05 NO.592 PO4 �- iy'T. 0, G, {I ese rearzicliow and covenants s]vill be uniirrited in dutatiori, without beirg re - If Ow repla: crnmc Qlau pe hank pia;+ app oved by the LGLf and on :51c At its once$ ;i.:. th2 is t bi.; F1tlerc cf rre�s Fl�errnanertvr CtBtid't cover, t1,r term "ReplBcrmrcd lb';;?r:nc" "•'hr 0(.6af•s-Wit! ;L;:.!I Avoinaludo•the, '�'')_t1:reJ3 1're" 0_1 perrn__1e.'6tvez'.•L•ia:iVc'."". .F.2� BT; AJJ :'Uvgsioll+ MG,'rt.diull LhPt pqai ,e it vngrtallivc covar, :r fat 3haii comply'w'di the 8420.0540Subpar Z'D: 1Shall, at D ecl-_-ants cost, establish and mjp�inrairn pea-maa.em vegElmibvc cover (in areas s)'cincr! in the r .•larem;;?r,t ;11-a-R or bait k pian fir pem,a_nent vegemLive cover, jrrcj ding ar_,. pee ,e5F,3ry 7_I rang and vvpimri ng ih6l:cQ , and ether r,.trisMjri(,rt practices, iu accord-rlce wiuh hr. 7HCemsor p'.aa or bank plaEj; c) Shall not prdlattce agriwul mri i crops on the area; specifi ed in the repiACem t piae (d) Shall r,az p ,r: I'vCroGlC on the afcn, specified irl the replacement plan or bank plax e) "hafroar.p!seeany rnne:ia4,T'abs,rinds, orntfaerobjects,nererecrore0W'rCtany type r,� ,?CL�Crra, t: rr,� praty Gr pc}tr �,arer.t, on c3,e zr';.r s sp�cif+ed in ;: re rc lacerarn; p1;�t o; hat:k plu- e:r, ; r,?. :1 rile err.tor irlar~ or r..r.�rltrc�i C• wv"'�,'lyi'4' 'x^ i:::•.�u j: 1: tV L ,itj.)E ".1! l PC,'i "i'i, "'f:' iixo Pr'i ec'tLb..o-"pvb"tCQRaiti". ?r :'e "tp_a=- `;-`�=�;t!'•,. l'} k•;�li C7X1'1131J :��S:il 33);' �fhCt're�UJ+`e*rEent; �r'rea!r]4tEbtly S'feC:l�t�.in iteYe�t;tic:c;�:r�i ::a or bank r�1±L•.. inclt:t'vF, but ror )irniG::d ta; .�a;ri;ig, rrlawing, timber mar}a8arperlt or other G'Catt2riv:: 91watiori that do not crEtlaAcx4 ar wovld dcgndo the =logi.cal f1Jn-ons 3nd 1311UeS Z tktt r+-F;�ter WCEt $Iife or balk .9rtt- +'i�;ST.tt i.a-6fi�n.rrta_; FS� xtc5rif':rri ,nlrbYthe�oint 'to to:r,��prOvaiofrheLC'?and the Since of A; ate ' % TiIrni-12� 1he Mi'ane-s1-tr, 'B,nrd of Water ?nd Soil, ti�nnr�rs. 5'�,.lr Trodlftac:Cln my iu"lu& the rdltu-e of lino sgntail d is thW lelal descr'iptxr, abuv-e, •f it deC.°m..ned That. r o'n we(WL4 areae, hn vt bf en en um-1-1,red by N5 nerlaratlon, 72nless th:; Wrov5J �alacclT:er' p;2n c.r beuz'C p1z for q,tablTshment: fn�rra7�t FORM e,-f�1���fyll�At�hrT�k�ytiS (yiiyhrMTRIC TVJl9(.?}NS Ate. 0) +C/�C(��/�'J<NANT'S �'S�1 •R�JI+ )J f`yyi4i I.�Il. h�l�IF� '11r�+LA VF4;\LJ (f.' h w .. .: j .1,, iv. ` ' ? 1. MAR-27-2007 14:45 GREGERSON ROSOW 03l'27i2007 14:44 ANDERSON ENGINEERING 763383-1089 3 6123496718 6123496718 P.05i05 NO.592 P05 +> 7-hisDerlarationmayb1-wnf0>'c=d,e)avorineq�t�':�y :eLC�i;orayt�;c5�a�ccf Mir! estr[?. xhe arGU amid ih� 5t�te f �I�.t�af�auia 511.1all ht entitled 10 reco�•eran awatc`r: 13a73blc at>:Grn.2.;-s :ees trim Jeclaont, in any er tio.u, TO thi-3 %�cla�'ati�ri. alaq- raxm, GI C S?' ATE. OF P,•{11�N s�CaT .: iostrurnemt was achct: ���led��ti bttc,�c ;ae cm .. � �-iU �. _.. _..� lu� ems) or p�rso Sim a:ur;: Alt r:cla:�a. t���ite•r} r'['iiltl ` L .I','.i:Tc"•.I'Ui ;:"li liS1.:FYJ i5;' .;ppj7M ;:c?viti;e-, 17 4aG 150 Aver, w *'c;ih, Suite 8 Plymmth, CAIWERWE M. I.ORr, Nntal Y pU1°J�t 51, WIC nn Vr I`�!R�I a—'A1r,t:.L��Tiv��3 s1:� ,�t�:"sTxt1C'�7C1>�'S ti.'VT? COV�i`Is1N�"a TOTAL P.05 RELEASE OF DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLAND WHEREAS, that certain Declaration of Restrictions and Covenants for Replacement Wetland (hereinafter "Declaration"), dated the 7th day of April, 2004, was filed with the Ramsey County Recorder on the 1 P day of April, 2005, as Document No. 3848118; WHEREAS, the Declaration was recorded against Lot 1, Block 1, Hillary Farm Addition; WHEREAS, the Declaration was intended to have been filed against Lot 26, Block 1, Hillary Farm Addition; WHEREAS, contemporaneous with the execution of this Release Declarant is executing and will file for record a Declaration of Restrictions and Covenants for Replacement Wetland against Lot 26, Block 1, Hillary Farm Addition. NOW THEREFORE, the Declarant hereby releases Lot 1, Block 1, Hillary Farm Addition from the Declaration. Date COUNTY OF HENNEPIN ) ) SS. STATE OF MINNESOTA ) HILLARY FARM, LLC By R. James. McNulty, Jr. Its Chief Manager The forgoing instrument was acknowledged before me this day of , 2007, by R. James McNulty, Jr., the Chief Manager of Hillary Farm, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public CONSENT: The City of Gem Lake hereby consents to the release of the Declaration filed against Lot 1, Block 1, Hillary Farm Addition. Date Paul Emeott Its Mayor The forgoing instrument was acknowledged before me this day of , 2007, by Paul R. Emeott, the Mayor of the City of Gem Lake, a Minnesota municipal corporation, on behalf of the corporation. This instrument was drafted by: Richard F. Rosow, Attorney No. 93592 Gregerson, Rosow, Johnson & Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402 PAHome\Hillary Farm Development\Documents\Release of Declaration 2007 03 28.doc February 2007 Treasurers report Balance on hand General Fund $ 71,124.31 (cash) + $ 25,387 (CD) Sewer Fund $ 14,779.15 (cash) + $ 138,735 (CD) Debt Service Fund $ 90,037.95 (cash) 2006 Road Bond Fund $ 58,350.36 (cash) Capital Projects Fund $ 41,760.62 (cash) Parks and Playgrounds $ 32.789.52 (c�h) . ----------------------------------------------------------------------------------------------------- Total funds available 2/16/07 $ 472,964.21 2006 Funds (Receipts/Expenses) — General Fund (Un-audited) Total Receipts for year $ 400,581.02 Total Payments made last year $ 532,247.65 2/ 16/07 FEBRUARY 2007 TREASURER'S REPORT Balance on hand: General Fund: $71,124.31 (cash) + $ 25,387 (CD) Sewer Fund: $14,779.15 (cash) + $ 138,735 (CD) Debt Service Fund: $ 90,037.95 (cash) 2006 Road Bond Fund: $ 58,350.36 (cash) Capital Projects Fund: $ 41,760.62 (cash) Parks and Playgrounds: $ 32,789.52 (CD) Total funds available 2/16/0T $472,964.21 --------------------------------------------------------------------------------------------------------------------------------- 2006 Funds (Receipts / Expenses) — General Fund (un-audited) Total Receipts for year: $400,581.02 Total Payments made last year: $532,247.65 FdI