The URL can be used to link to this page

Home My WebLink About2007 04-24 CCPCITY OF GEM LAKE, MN City Council Agenda April 24, 2007 CALL TO ORDER - By Mayor Emeott at PM CALL OF ROLL Emeott, Artig-Swomley, Rasmussen, Schilling, Watson OTHERS IN ATTENDANCE (Attach list) APPROVAL OF CITY COUNCIL MINUTES AND AGENDA A) Minutes of City Council meeting of March, 2007 B) Minutes of City Council workshop April 2, 2007 C) City Council Agenda for this meeting PUBLIC NOTICES Presentation by Principal of Willow Lane School COMMITTEE REPORTS Planning Commission report Building Committee (City Hall) report — Craig Rafferty City Treasurer's report — Tom Kelly OLD BUSINESS A) Distribution of Charitable Gambling proceeds for 2006 - $1832.00 Lakes Area Bus , Willow Lane School reading program A) Details on quote for SEH work on Gem Lake SWPP and MS4 report - $ 8000 project NEW BUSINESS A)Acceptance of Bids for City Hall building B) Acceptance of 2006 City Auditors financial report C) Acceptance of JPA for watermain extension from White Bear Township ? D) Approval of payment of claims for Mar -April 2007 E) Data Practices Act appointments — Resolution 2007-10 F) Proposals request for City Engineer to do feasibility studies — Comp plan 1. Utilities to: a. Hoffman's corner water b. Tom Hansen parcel c. Bryan Hansen parcel 2. Roads to and in parcel: a. Hoffman's corner shopping center b. Tom Hansen parcel c.Bryan Hansen parcel G) Should Gem Lake join the Ramsey -Washington Cable Commission ? PRESENTATIONS FROM THE FLOOR FUTURE CITY COUNCIL MEETINGS Next City Council workshop May 7, 2007 Next meeting — Tuesday, May 22, 2007 Other time ADJORNMENT 7:00 PM — Comprehensive Plan revisions 7PM Minutes of the Gem Lake Council Meeting 24 April, 2007 The April 2007 regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Emeott on Tuesday, April 24, 2007, at 7:06 p.m. in the first floor meeting room of Tousley Ford. Mayor Emeott, Councilors Rasmussen, Watson, Schilling, and A tig-Swomley were present. Also present were 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 MEETINGS Mayor Emeott called for additions, deletions and corrections to the Agenda. No changes to the agenda were noted. The following actions were taken 1) Motion by Schilling, Second by Watson to accept the agenda was unanimously approve; 2) Motion by Schilling, Second by Watson to approve the Minutes of the March 20, 2007 City Council Meeting was unanimously approved. PUBLIC NOTICES Barbara Keam, Principal of the Willow Lane School, reported that they are continuing their Reading Program again this year. She noted that the City of Gem Lake has supported this project for the past several years and thanked the Council for their previous support. She noted that a large number of children in the City of Gem Lake attend Willow Lane School. Any financial support that they receive will be used for purchasing dictionaries and books for their library. They are working with the PTA to put funds together and they are also collecting cans as a fundraiser. They are concentrating on purchasing non-fiction books this year. They have been working diligently to achieve 70% or better on grade level for reading. Willow Lane School has 325 students, 65 of whom are English language learners. They are a small school and need a big push to get their library collection where it should be. COMMITTEE REPORTS RESOLVED: Jim Linder, Planning Commission Chair, reported that they are moving ahead on the Comprehensive Plan and will be discussing land use during the next few meetings. They are keeping the plan on target for completion. Motion by Artig-Swomley, Second by Schilling, to accept the Planning Commission report was unanimously approved. BULDING COMMITTEE (City Hall) Report.- Craig Rafferty reported that we have received bids for the City Hall Project. He noted that there was energetic bidding with fourteen bidders out of 20 presenting bids. Mr. Rafferty reported that the lowest base bid was $836,300. The three lowest bidders were within $80,000 of the low bid. Lund Martin Construction was a the low bidder without the alternates. They remain the lowest bidder even after alternates would be taken. The alternate bids do not reduce the size of the building. Other items including high efficiency bulbs; waterless urinals; radiant floor heating; exhaust fans might be used to reduce the cost. The City Hall will utilize the Town's current audio/visual and camera equipment. Regarding the LEED program, a grant was not applied for, but the procedure will be used anyway. The soil corrections will be the responsibility of the Township. Regarding the alternates for the project, Trevor Oliver stated that the Council could authorize the low bid, but that the alternates would need to be determined first. He noted that all bids are qualifying bids. Craig Rafferty stated that Alternate #1 is for landscaping. He noted that White Bear Township will implement the landscaping. Alternate #2 is blown -in fiberglass insulation, Alternate #3 is for roof dormers. In response to a question regarding how to prioritize building increases for alternates #1, #2 and #3, the City Attorney stated that the bids would have to be taken as requested, according to the bidding rules. If the low bidder is selected and the Council is not satisfied, the next low bidder could be considered. The law prefers that the bids be taken and the contract awarded. To honor the public process, the city council needs to make substantive decisions tonight under preference based reasons. After the bid is approved, the Council can negotiate value engineering with the goal for an 8-10% reduction. Mayor Emeott stated that a $725,000 - $750,000 range was the estimated cost of construction. He noted that he would like to see $50,000 reduction. Craig Rafferty will contact Lund Martin Construction regarding value engineering. City Treasurer's Report — Tom Kelly. Tom Kelly reviewed the Treasurer's Report. He reported that the Ist quarter of 2007 sewer billing has been completed and that very few calls were received. The follow-up septic inspection billing has also been sent and no calls have been received to date. Kelly reported that all but two checking accounts have been closed. He reported that first quarter was typical for most cities. Expenditures are a bit high but are within budget. He stated that the City does have an adequate money reserve. Kelly reported that Allen Zepper (the building inspector) is owed $7,400 and it is not known if this is the final bill. There are one or two permits outstanding for building and plumbing. Mayor Emeott will contact Mr. Zepper to see what is expected. Kelly noted that if in the future, the Council would want more details on bills or deposits, to let him know. He reported that he loaded all of last year's financial information into the City of Gem Lake financial system and that the checks are now printed off the computer. In response to a question regarding financial services, and it appears that nothing has been budgeted, Kelly reported that in putting together the budget, the expenditure was placed in the City Clerk's expense area. OLD BUSINESS RESOLVED: Distribution of Charitable Gambling Proceeds for 2006 - $1,832.00. Schilling moved, Second by Artig-Swomley to distribute $1,832.00 from Charitable Gambling proceeds for 2006 as follows: $500.00 to Lakes Area Bus, and $1,332.00 to the Willow Lane School for their Reading Program was unanimously approved. PENDING: Details on quote from SEH work on Gem Lake Stormwater Sewer Prevention Program - $8,000: Watson noted that a detailed list of exactly what the $8,000 is for is needed. He also noted that three public meetings were identified as are needed. Jeremy Walgrave, of SEH Engineers, noted that only one public meeting is required. The other meetings are is -the scope of work and is to meet with staff. He noted that this reporting falls under the Clean Water Act. He noted that the purpose is to make sure that the City is doing what it can to be sure there is erosion control. He noted that the State has required this for many years and is pushing to make the cities be responsible so that the PCA does not have to do it. He reported that in 2000 the MPCA came out with water erosion/control permits. If one acre of land is disturbed, a soil permit is needed. Mayor Emeott noted that the only money to offset this $8,000 charge is City of Gem Lake NPDES permit fees. In response to a question if there is anything that the City can do to reduce this cost, Jeremy Walgrave stated that there are standard things that the City can do. He stated that although the report is long, it is straightforward. The second point of the program is what the City plans to do to meet the requirement. Mayor Emeott stated that the City needs to check outfalls in the City to be sure that they are cleared. Jeremy Welgrave stated that SEH has a web portal service with permit tracking software and that the cost would be $50.00 per month that can be purchased to make this process easier. Jeremy Walgrave noted that the actual physical sewer inspection is not included in the $8,000 fee. Watson stated that the Council has seen the forms and that it needs to be determined what the City has to do. He will investigate the forms. Jeremy Welgrave stated that it would be alright for the City to take the web portal service to start with. Mayor Emeott, Watson and Lindner will meet regarding the SWSPP. Mayor Emeott stated that the City of Gem Lake will do the data collection and apply for web portal service and put the information into the system. Jeremy Walgrave recommended that there by some training. SEH will break down the price for web portal service and also the charge for meeting and training sessions, using an ala carte system: 1) looking at documentation and what it is; 2) training on software and loading of information; and 3) public hearing. Between now and the next Council Meeting, the documentation will be reviewed. Mayor Emeott will talk to Bill Short to see how the Town does their SWSPP. NEW BUSINESS RESOLVED: Acceptance of Bids for City Hall Building: Craig Rafferty will do the negotiation with the low bidder for reduced engineering for cost savings. Schilling noted that the following: dual heating systems; radiant heating; and waterless urinals should be reviewed and to see what the code requires. It was noted that regarding fire protection, there is a vast difference between a wet or dry system. Mayor Emeott noted that dormers would be removed as Alternate #3 and that he thought that the dormers should remain. He noted that the dormers add character to the new building. It was the consensus that the dormers should remain. The City Attorney stated that a decision is needed on the bid and not on the alternates. The alternates would not change the specs of the bid. It was noted that the alternates can be done by change order. Craig Rafferty noted that construction can begin 10 days after the bid is awarded. A completion date of October 4-20, 2007 was anticipated, but that the construction can be extended if needed. Craig Rafferty will negotiate with the low bidder for value engineering for cost savings. Motion by Rasmussen, Second by Artig-Swomley to accept the bids for City Hall Building from Lund Martin, accepting Alternate 1 and 2, and not Alternate 3 approved by an aye vote by Rasmussen, Artig-Swomley, Mayor Emeott and Schilling. Abstain: Watson. PENDING: Acceptance of 2006 City Auditor's Financial Report. Tom Kelly reported that Smith Shafer did a cash audit for 2006 which is comparable& to what was done in 2005. The financial information shows a big cash balance at the end of the year. Kelly reviewed the audit and noted that the numbers track with the previous years with expenditures by category and noted that most were classified properly. He noted that it was a good report. In response if there were any "red flags", Kelly stated that there were none. Kelly cautioned to put in place something that would allow disbursements to be tested randomly to be sure that the proper back up is there. He stated that the City may want to consider setting up a Board of Audit for the first week of January of every year. The City Attorney stated that they will come up with something for January/ February 2008. RESOLVED: Acceptance of JPA for Watermain Extension from White Bear Township: Mayor Emeott stated that Bill Short does not have an update on the numbers for increasing the size of the water main as yet, but that the Town needs something from Gem Lake to start, suggesting a figure between $8,000 - $10,000. This is for the watermain along Otter Lake Road to the City. An 8"main would normally be provided to serve the fire hydrant to City Hall, but if the City would want to supply water to any portion of the City at a later date, a 16 inch watermain is recommended. Schilling moved, Second by Artig- Swomley to approve up to $12,000 for a 16 inch watermain extension from White Bear Township was unanimously approved. RESOLVED: Approval of Payment Claims for March — April: Schilling moved, Second by Watson to approve the payment of claims for March and April was unanimously approved. RESOLVED: Data Practices Act Appointments — Resolution 2007-10: Mayor Emeott noted that this is a State requirement and with the replacement of our former City Clerk we do not have anyone in this position.. Watson moved, Second by Schilling to approve the Data Practices Act Appointment — Resolution 2007-10 and to appoint Mayor Emeott was unanimously approved. 3 RESOLVED: Proposals request for City Engineer to do feasibility studies —Mayor Emeott reported that it is suggested by our City Clerk that these a quote for feasibility studies from the City Engineer be requested for water, sewer and road work in the undeveloped parcels along County Rd E and at Hoffman's Corner and are needed for guiding the proposed developments and for the Comprehensive Plan. These feasibility studies are to include the two un-developed parcels along County Rd E and the proposed re -develop of the Hoffman's Corner Shopping Center. The availability of water and sewer and where to connect and route the roads in these parcels is required. Rasmussen moved, Second by Artig-Swomley to approve the proposal request for a quote for the City Engineer to do feasibility studies was unanimously approved. Mayor Emeott will write up a request for the City for a feasibility study. Mayor Emeott also reported the City also needs to hire a Master Planner for these same areas. Mayor Emeott reported that Don Wiski, the Vadnais Heights planner, is not available to assist in the master planning so we probably need to find a planner ourselves. Gretchen and Tom volunteered to see if they could find someone qualified to do this. PENDING: Should Gem Lake join the Ramsey/Washington Cable Commission. Matter tabled. The Commission will be asked to make a presentation. PRESENTATIONS: A Gem Lake property owner asked what they should do if there is a dead deer in their yard. It was explained that the county will pick up dead deer on county roads or highways, but that the property owner is responsible for disposing of the animal on private property. Animal Control Services has no contract to pick up dead animals and the City of Gem Lake does not pay to have dead deer picked up from private properties. Watson noted that there should be information on the City's web site advising the property owners what they should do. Schilling recommended that a policy be put together for the next Council meeting. Another property owner asked a question regarding the Council workshops. He asked if the meetings are published and reported that he checked with the Attorney General's office which stated that publishing the meeting on the City's web site is not sufficient but that it needs to be posted in the paper. Mayor Emeott explained that the workshops are not Council meetings but are workshops where no decisions are made. Trevor Oliver stated that posting a notice next to the door is sufficient since this is different from a Council meeting. Another property owner asked if the financial report is available to the public. The report is available to anyone who wishes to review it. FUTURE CITY COUNCIL MEETINGS: Next City Council workshop — May 7, 2007, 7:00 p.m.: Comprehensive Plan revisions (discussion only) and Special Council Meeting regarding Bonding. Next Council meeting: May 22, 2007 at 7:00 p.m. Adjourn: Motion by Watson, Second by Artig-Swomley to adjourn the meeting at 9:25 p.m. 4 AUTHORIZED: April 25, 2007 APPROVED: May 22, 2007 ATTEST: Joan J. Clemens Recording Secretary A Lott T- W.1 Mayor Certified Copy Attendees at April 24, 2007 Gem Lake City Council Meeting Jeremy Walgrave 3535 Vadnais Center Drive Vadnais Heights, MN 55110 651-490-2037 Justin Gese S.E.H. 612-758-6757 Barbara Kearn Willow Lane School 3375 Willow Avenue White Bear lake, MN 55110 651-773-6172 Bob Uzpen 3646 Big Fox Road Gem Lake, MN 55110 651-426-8310 Jim Lindner 4155 Otter Lake Road Craig Rafferty 3750 Big Fox Road Gem Lake, MN 55110 Trevor Oliver 444 Cedar Street - #2350 St. Paul, MN 55110 Judy Moe White Bear Township n CITY OF GEM LAKE, MN 4707 Hwy 61 # 253 _ White Bear Lake, MN 55110-3227 Telephone 651-747-2790 Planning Commission Minutes, 4-3-2007 Planning Commission Chair Lindner opened the March meeting at 7:OOPM. Besides Lindner, Commissioners Wippich and Rafferty were present. Also present were Councilwoman Gretchen Artig-Swomley, Councilman Tom Rasmussen, Kim Anderson, Mayor Paul Emeott, and three members of White Bear Montessori. Kim Anderson asked if the council workshop was scheduled for tonight. Mayor Emeott informed her it was actually yesterday (4-2) and had been announced on the city website as such. Cornerstone Baptist church We briefly discussed last month's appearance by Cornerstone Baptist church. Mr. Lindner stated that about two days after the meeting he received a phone call from pastor Bob Nelson stating he had information that the mayor and council had already made up their minds to reject any variance application. Lindner told Nelson this sounded quite unusual and suggested the pastor and his flock appear at the council meeting scheduled later in March. Per Mayor Emeott, no one from the church was at the March Council meeting. This issue as a result, is now closed. White Bear Montessori Heather, Sam, and Randy were present representing WB Montessori. They wanted to learn the process for a possible expansion project as they may reach their maximum allowed student population under the existing Institutional overlay regulations. Current regulations place a limit of 150 kids per 3 acres. They now have 21 elementary age children and 135 total children. All told, their presence tonight was informational for both them and us. They want to know the process should they reach, or come close to reaching, their maximum allowed student population. We want to know how they plan on growing. Planning Commission suggested they bring their floor plan and site plan to the next meeting they attend. The school will bring all relevant information including results of discussions with surrounding neighbors. This all may take several years to fully unfold, but WB Montessori has been a good community member and we wish to keep their presence in our community. Comprehensive Plan next meeting Dan Jochum, our SEH planner, was not in attendance tonight. However, he would like to meet with Mayor Emeott and JL to get our plan project back on track. Craig Rafferty said he would also be available to attend a meeting (to be held later this week if possible). Paul then gave an overview of the workshop from last night. A Joint Powers Agreement (JPA) with White Bear Township was discussed regarding the new joint town hall project. Another JPA with the Township was discussed to upsize the proposed water pipe to the town hall site so Gem Lake may supply water to the northeast portion of the City. Finally they talked about the comprehensive plan, covering everything but land Look for us on the World Wide Web at gemlakemn.org use. Much of the format should remain the same when the new plan is adopted, but new data and statistics will be necessary. We also are considering hiring a planner specifically to plan the Hoffinan's Comers/Hansen parcels so we have a definite plan for those areas. Bill Short from the Township will find a list of potential planners. We briefly discussed where Hansens and Hartford are at in their development process. SEH needs to be working on those parts of the plan that do not require public review. There are data from the Census Bureau that can be incorporated. Other non -controversial items like projected population growth, and roads can be done before presenting them to the public. Kim Anderson inquired about the survey that our former city intern, Walter Powell, had been working on. She offered to pick up developing the survey. SEH is responsible for compiling all the data and organizing the final draft plan. Nuisance/Pawnbroker ordinances The mayor provided Lindner with draft copies of the Nuisance and Pawnbroker ordinances so he might add to them. Once finished, we can move ahead with scheduling public hearings. General discussion Mayor Emeott informed us the Ong/O'Phelan properties are again on our horizon. They are moving forward with a surveyor/engineer who will try to make their parcels sub - dividable. We will not allow spot zoning (R4 in this area to meet their wishes. Any subdivision must be logical and orderly and fit surrounding zoning requirements. They have two "chimney" lots behind R3 and R1 zoning areas. Their driveways must be able to become roads. Paul concluded the discussion by talking about an omnibus ordinance of administrative ordinances. This is sort of a precursor to a city code. Mr. Lindner adjourned the meeting at 8:45PM. Jim Lindner Planning Commission chair Look for us on the World Wide Web at gemlakemn.org MEMORANDUM Date: April 18, 2007. To: City Council. From: Tom Kelly. Re: 1st Quarter Financial Report. The first quarter of the year is already completed. The City's 2006 audit is complete. The audit process went fairly well considering the staff change over and number seam consistent with past audits. The final audit reports are included with your agenda packets. Turning to the first quarter 2007 financial records, the City has merged its checking accounts down to one interest bearing checking account. Beginning in April we will be printing checks from the State Auditor's financial package, which is the last step in using the program to its fullest. First quarter revenues are above budget projections, but below last years 1st quarter revenues. Expenditures are below budget projections, and 2006 1 st quarter expenditures. Below are the General Fund's 1st quarter revenue and expenditures; 2006 2007 2007 % Received 1 st Qtr Budget 1 st Qtr Spent Revenues $30,641 $335,605 $20,382 6% Expenditures $133,685 $335,605 $76,490 23% 2007 COMPARISON OF REVENUES TO EXPENSES $400,000............. ------- ••--•--•--•-------- *......... ........... $350.000-...........................................».................------............--------*---......._._._._.... $250,000 $200.000 ----.- $150,000......... --------------------------------------------------------------- :...... ::....... »....................... ............. $50,000------------------ ----------------------------- »------ ....»------ r ---------- .---- .....------- 0--- .---------- *... ..- $0 JAN.1 JAN.31 FEB. MAR. APR. MAY JUN. JUL. AUG. SEP, OCT. NOV DEC. -.-07 REVENUES —a-07 EXPENSES For the year the City has received only 6% of their revenue in the first quarter. The revenue sources that are above their budget amounts are the liquor and tobacco licenses, cable TV franchise fees and interest earnings. Permits are over budget but this is due to the fact that permit revenues were not budgeted because they were paid out to 2007 EXPENDITURES: BUDGETED COMPARED TO ACTUAL $400,000-•---•••-----•------•-----•-•---•---------------------- -----------------•----••----•-----..-..------•- ----------------- $300.000 $250,000 -•-••--- $200,000 $150,000--•----------•---------------------•---•---- --- ----- •--.--- $100,000 -------•---------•----------•-•--------•-----------------------•-•---------------------------- $50,000 ........................•--- -••-- $o a� JAN.1 JAN.31 FEB. MAR. APR. MAY JUN. JUL AUG. SEP. OCT. NOV. DEC. -x-07BUDGET �07ACTUAL If expenditures were spent evenly throughout the year the City should have spent 25% of its budget. There are many activities that appear to be over budget, but again it is due to the way the budget was prepared base on past financial records compared to the way things are being recorded now. The bottom line is the City has spent 27% of its 2007 budget, which is due to the snow removal budget being 67% spent. This activity will have very few if any expenditures until the 41h quarter of the year and most likely will finish the year near its budget amount. In addition, there is more finance administration in the first quarter due to the efforts of setting up the City's financial records on the new computer system and the change over from staff to contracting with the Town. I expect these expenditures to be less in the future. Overall, I believe the City's expenditures will finish the year below or near budgeted amounts. On February 1" the City paid its 2007 debt obligations of $24,933.00 in principal and $15,012 of interest. The City now has $781,587.008.00 in outstanding debt. The next scheduled debt payment is the principal and interest payment of $40,589 due August 1st and the City will receive the first half tax settlement (special assessment payments) in July to help make the payment. In addition the City will have the new debt issuance for the new city hall building. The City had very little construction activity during the Vt quarter, which is not unusual. These are activities usually take place in the summer months. However the City did pay $36,823 for some architect, engineering and legal costs associated with the new city hall. +-' Gf M N OOOOOOOCo M O C Ci 6 0 0 0 0 0 0 0 r g 6a 69 64 N w m Lo r-_ o o N m N CD > ml (6 CNT d d N M M't a) N C fi} 64 69 69 Ca V� O1 cI2aD OOOo?" r q` CN co00o n c�0 �+ C R N 69 Q% W. (r! N N 64> CI)N lJ.l R aD CD CW M 0 m cM CO co N U) O O O CONnC,.) (ii ��69� � t O O O O O O O O O O 7 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 O N 6}fi691 Q% .%6%Q% 69� fir�6} L W d N C � r � d ~ 7 C N co mOOo 000000) N 0 0 0 0 0 0 0 0 O? a- N d r- C'7 0 0 0 0 0 0 0 0 r y fFT EA !A 00 CR 6% fH N co t� N C (fl O O N 3 C It M 6M9 VT y a_ d v N Cn000n(nON 00 N000�fDOr O CD CI) 00 C y0000rriocrion 69 EH Gg+ N 6%N ui ca E -m CND 00 O � M 6% CM N a0 3 613 EH ttT 69. - N_ � 0 C 0 0 0 0 0 0 0 0 0 0 O '\Ci �0000000000 O 06660600000 IDE Ja y 6 1 6% 69, 69 V> 69 64 (0% Cfl Cfl 614 L th N � .Q y C N MOo0000oOCD 1-- 0 0 0 0 0 0 0 0 C n N � � V3 b9 tH 69 69 EH Vi 69 � N Q • N CM7 co It V > 6? � 6 � C 69 4� N OOOOOaO CD (AOOCn CD Cn •' Coo o 0N07000 •d 6 C700 CV OCD, CD* r Cn Qi OH->6969n M 06%69q- V co CA co 0 co CD CT .17 CA C n �� CC9 CO 64 ( C N V N O o O r n N 0 0 n r o0 CD 00000"It CI O C �00 O N 000 CD O R 6% 6% V) w 0 6% V-- N Q m N 0 coCV O N m m 6�4 09, 9 6f!7 m Y cn 0 c c C m 7 7 C C C .J ti 7 C LL LL C 0 LL LL E CDE�� a) ��N N CD N Z Z aEi �'SU)a>a>>cno M I a m N M (A O p M CI-04� LL C C Q o o E= w W O O c° moo m R ma)o�o o m�3 LNNfi a) l0-W W>n City of Gem Lake Interim Financial Report by Object Code (YTD) 04/02/2007 Budget Actual Variance Legal Services Prosecution $2,500.00 $575.00 $1,925.00 Legal $8,000.00 $12,120.45 ($4,120.45) Legal -Annexation $30,000.00 $6,327.50 $23,672.50 Other General Government $4,000.00 $0.00 $4,000.00 Office Supplies $50.00 $0.00 $50.00 Miscellaneous Public Relations $5,000.00 $0.00 $5,000.00 Marketing & Advertising $6,000.00 $0.00 $278.76 $6,000.00 $2,221.24 Legal Notice Publication $2,500.00 $2,000.00 $0.00 $2,000.00 General Liability Ins. $500.00 $0.00 $500.00 Property Insurance $250.00 $0.00 $250.00 Vehicle Insurance Recycling Collection $4,200.00 $1,001.70 $3,198.30 VLAW MO $9,000.00 $3,259.50 $5,740.50 LMC $500.00 $0.00 $500.00 RCLLG $150.00 $0.00 $150.00 Subscriptions $25.00 $0.00 $25.00 Planning and Zoning Professional Services $1,000.00 $0.00 $1,000.00 Miscellaneous $200.00 $400.00 $205.91 $287.60 ($5.91) $112.40 Building Inspections Zoning Administration $1,000.00 $75.00 $925.00 Building Secretary $480.00 $250.00 $0.00 $0.00 $480.00 $250.00 NPDES Training NPDES Education $250.00 $0.00 $250.00 NPDES Administration $1,500.00 $1,202.00 $0.00 $298.00 $1,000.00 Code Enforcement Comp. Plan Update $1,000.00 $40,000.00 $4,658.16 $35,341.84 Dues & Subscriptions $225.00 $0.00 $225.00 Town Hall Building Internet Connection $500.00 $12.95 $487.05 Telephone $2,000.00 $124.29 $1,875.71 Web Site $2,000.00 $137.50 $1,862.50 Police Regular Law Enforcement $65,676.00 $13,605.62 $52,070.38 Special Law Enforcement $74.00 $2,880.00 $0.00 $642.71 $74.00 $2,237.29 Dispatch Costs Administration $2,880.00 $589.30 $2,290.70 Miscellaneous $500.00 $85.50 $414.50 Fire Administration $940.00 $0.00 $0.00 $940.00 $60.00 Miscellaneous Fire Service $60.00 $11,873.00 $3,127.50 $8,745.50 Fire Marshall Service $4,057.00 $948.51 $3,108.49 Animal Control Aniamal Removal $400.00 $200.00 $200.00 Animal Enforcement $200.00 $0.00 $200.00 Building Inspection Building Inspections $0.00 $770.00 ($770.00) Building Secretary $0.00 $107.50 ($107.50) Road Maintenance Engineering $45,000.00 $502.00 $44,498.00 Administration $3,840.00 $2,500.00 $0.00 $0.00 $3,840.00 $2,500.00 Miscellaneous Street Lights $1,000.00 $225.73 $774.27 Repair/Maint-Contractual $3,000.00 $0.00 $3,000.00 Ice and Snow Removal Salt Sand $1,500.00 $2,592.00 ($1,092.00) Sales Tax $100.00 $168.50 ($68.50) Page 2 City of Gem Lake Interim Financial Report by Object Code (YTD) 04/02/2007 As of 03/31 /2007 Parks and Playgrounds Receipts: Total Revenues Other Financing Sources: Sale of Investments Transfers from other Funds Disbursements: Total Disbursements Other Financing Uses: Purchase of Investments Transfers to other Funds Beginning Cash Balance Cash Balance as of 03/31/2007 Budget $0.00 $0.00 Actual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Variance $0.00 $0.00 Page 1 City of Gem Lake Interim Financial Report by Object Code (YTD) 04/02/2007 As of 03/31/2007 2006 Debt Service Fund Receipts: Current Special Assessments Penalties & Interest Interest Earnings Total Revenues Other Financing Sources: Sale of Investments Transfers from other Funds Disbursements: DEBT SERVICE Interest Total Disbursements Other Financing Uses: Purchase of Investments Transfers to other Funds Beginning Cash Balance Cash Balance as of 03/31/2007 Budget $31,000.00 $0.00 $0.00 $31,000.00 $98,910.00 $98,910.00 Actual $14,879.84 $45.56 $406.66 $15,332.06 $0.00 $0.00 $4,623.69 $4,623.69 $40,000.00 $0.00 $58,239.07 $28,947.44 Variance ($16,120.16) $45.56 $406.66 ($15,667.94) $94,286.31 $94,286.31 Page 1 City of Gem Lake Interim Financial Report by Object Code (YTD) 04/02/2007 As of 03/31 /2007 City Hall Construction Receipts: Total Revenues Other Financing Sources: Sale of Investments Transfers from other Funds Disbursements: Construction Engineering Legal Miscellaneous Legal Notice Publication Buildings & Structures Total Disbursements Other Financing Uses: Purchase of Investments Transfers to other Funds Beginning Cash Balance Cash Balance as of 03/31/2007 Budget Actual Variance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,313.50 ($1,313.50) $0.00 $175.00 ($175.00) $0.00 $270.00 ($270.00) $0.00 $79.20 ($79.20) $0.00 $34,985.42 ($34,985.42) $0.00 $36,823.12 ($36,823.12) $0.00 $0.00 $0.00 ($36,823.12) Page 1 Z;o I abed oop•sainlead Ae)q IIeH a6e1u9H\s81y uollorulsuoo-aid IO\IIeH 40 9Ne3 wag IO-9Z OVO ■ iuoo-s7DZI.114�ip141J-MtAM V9ZO-87.Z I59 �XV.J If.SV-V7,Z TS9 rill 6V£Z-I0I5S V1US3NN11V '1I1Vd 1NIVS 133�11S H1L 1SV3 SLZ SID311HMIV 3x34N11 NOS131101 AD1333`d21 AD13.41VA oilaglsae ubisop peouangui aipun-1 Zg 6ulpls pJeo8 alpJeH Jolaalxa aoueualulew MOO ' LC uoilonpoid Al Jo; asiou moll ale aonpai of 6ulZls JOAO lonp aAlsuodsaj oilsnooV 'OE wood 6uil89w ul walsAs 6ulll90 anisuodsaa oilsnooV '6Z uoiloaloid jalNuijds Ajd -9Z .JSJ OOL'E10 wei6oid leui6uo ww; uoilonpaj 3S0 L6E'E 'LZ loiluoo lg6ilAep / uns pue bplq woj; Aeme jalem dead of s6ueyJano a6Je1 '9Z suolllpuoo sllos ails of suoiloaiioo .9Z sainp000id ails uo uoilonilsuoo anlsuodsai a331 *tZ anisuodsai uoileoi;loads leoluegoaw / leouloala anisuodsaj a331 'CZ sleualew lsow jo; uolleol;loads lelJalew aAlsuodsai (1331 'ZZ eol;;omiaysiapun -lZ uoilonpald nl Jo; wooa lwluoo of suol13a1Juo0 'OZ sajnlxi; builgbil peoueleq joloo qj!m coeds uoilonpad nl paddinbe Alln3 '66 6plq 6uualuo:p!p aonpaj of lew pool; AJ1u3 *96 uiels 'luied OOA MO-1 'LL apoo buipoeoxe uoilelnsul *91. (sassnil poom ui uoildeoxe ) -smopuiM buipnloui lno gbnojgl asn poom buiweil pai;lliao uaaJE) 'S6 -seaJe lie u1 uollell;uan leinleN 14 sooeds paidn000 Ile ui lg6il Ieinl13N '£ 6 •lgbil wool jalloq loiluoo of sjosuas Aouedn000 -Z6 sue; lsnegxa pue slg6il wood 3allol laluoo of siosuas Aouedn000 - 6 6 b33 6.6 saiinbei apoo — L'U 10 2133 jossaidwoo 6uiuoillpuoo jib' '04 ue; lsnegxa lasolo jolluef pawil '6 uollellluan Jo; JIB ploo 10 6u1leag saZllulullu JIB uollellluan joopino to laluoo ap!xoip uogjeo -9 jaleaq jalem ssaiNuel f(oualolJ;a g61H 'L slelsowjagl olgewwej6ald -9 Ileq 6uileaw woJ; alejedes eoil;o jol walsfs OVAH lend .9 buiuoillpuoo JIB pailddns 6uillao pue fool; leag lueipe�j t7 leuijn ssapoleM 'E ainlejadwal joopino of asJanul slasai ainlejadwal jello9 oilewolnV .Z snld %06 — Ja!!o8 Aouai01113 gb1H ' 6 IIeH a6e1P;9H :aj sainjeej enb!un }o /uewwnS LOOZ '6L I!jdV G) CD r- v C CD 00 a Cr v .O0 73 0NO p NC —in- 0t(o 0 73 oZo m � O (nCD C °°> nUl- >v m(n(o<0) an CD c>> ==3 C7D ,y.,j Cl)N -0 C� n0 CD O in a � ;(7 C.)v Z < m Zo cnC u,m C Cn Z< � Z� o ' n � CD �n Ln°' wZZ cn o o ' v' �aoi O � 0 W 0 N d G BID SECURITY X X x X ENCLOSED ADDENDA NUMBERS X X x x ACKNOWLEDGED List of Comparable x x x Projects ca rs� m W -4 o o 69 co N p � (OJI fV O O W O O O O O O O CD G' ALTERNATE #1 i,w o o o o -4 -4 Delete Landscaping 0 0 0 0 0 0 0 0 iv o o ALTERNATE #2 0 0 0 o Blown -in Fiberglass Insul. 0 0 0 0 0 0 0 0 N o N ALTERNATE #3 0 0 0 cc Delete Roof Dormers 0 io 0 0 0 m K (0 � D co N A % O O (T O O O O O O CD I a) \ Cr \ / 10 3®20o,-=-KoaZ R n R% R 2 o R o CDCnS: 7/7CD 0 0)»� �000$\E// 0 0 » OL ° = o 0®IRz =A n o0na § cD 2 CO) � \ ® gL 2 $)/a \ \ q ��0WZ0 §ƒ\ R ƒ �Ep a @ k 69 CA) 0 � 0 � / � § 0 \ �/q k \ k m 0 0� C CD0 >z z \ \> _ CD 2 o m \ co 0 0 o -A 0 m (D E M® > m \ CDm \ ) 0> R E � _ CL / c co G / / / 2% w 7 3 3 ƒ k 9 9 q § B ] / m 0 _ / / / / UNIT PRICE 1 0 » # ® @ � p UNIT PRICE CD G cn G k o z c >§�q w 0 o ƒ g %q\� 02 -n z 0 / / 0IM \% 0 H 9? i1 0 v U X in ID O wC �-a) O Nrrn * ! 5�0 o N)0 o -m O �O = rn m W -u cn C. rn o �. � Z � (° cD rn S a (n 0 CD Z 0 (a' CnD Cn O 7 co 71 O C p C a) fn Q n n `G to ' p7 C O Q C f� l (O ((D C O 7 < n 0 UIF� c v «ZD0 v°, m �C'0 OQ C� zO O Z(D 7 o o n 7 O y d7 D d O (n '�0 o -DN ND o Q d 0 0 (D 7 O Z ��fl; -4 (p m din (n< cn� Do �n;U� c �Dv, c <o ; a c �� < <� C.C_ ZW7 0c C Z7 7 �o -C'"' Zm (JlC ... : Z0 O Za) C Z(D O 0 o CD O ao 0 K (71�0 Cn O o�� p SCn Cn E Q10 NQn r.. � 0 O O CO* < V Cn N O BID SECURITY x X X X ENCLOSED ADDENDA NUMBERS x x x x ACKNOWLEDGED List of Comparable x x x Projects z z z z z 0 O O O O O b _0 00 03 co 03 W v w 0 fJ O O _ O O O O O O O 03 0 O 0 o 0 0 0 D (n m 00 0 69 � 69 N 4_ � ALTERNATE #1 w con o o o o (4 Delete Landscaping 0 0 0 0 0 0 0 0 i�v o o ALTERNATE #2 Ln 0 0 0 o Blown -in Fiberglass Insul. 0 0 0 0 0 0 0 0 ; � rig N (fin 00 0 o iv ALTERNATE #3 0 0 00 0 Delete Roof Dormers 0 0 0 0 0 .. 0 .� m D Cn Claims For Payment CITY OF GEM LAKE Period Ending: 3/13/2007 Signatures Approving Claims Date of Approval Paul Emeott, Mayor Chuck Watson, Council Hutch Schilling, Council Gretchen Artog-Swomiey, Council Tom Rasmussen, Council Tom Kelly, Treasurer Fund Totals 1 1 $ Amount General Fund 18,919.24 Parks & Playgrounds 000 2004 Debt Service Fund 0.00 2006 Debt Service Fund 0.00 Street Improvement Fund 0.00 City Hall Construction Fund 29,990 96 Sewer Fund 3,154,70 Total All Funds 52,064.90 City of Gem Lake Net Pay Account Distribution 03113/2007 For Payroll Period Ending: 03/13/2007 Account # Employee # Employee Name Amount 100-11100-100 1 Artig-Swomley, Gretchen $190.24 2 Schilling, Jr., Hugh $190.24 3 Watson, Charles $190,24 4 Emeott, Paul $475.60 5 Rasmussen, Tom $190.24 Account Total $1,238.56 100-41900-100 Unallocated (Due to rounding) Total For Period Page 1 $0 00 $1,236.56 ti 0 0 N M c_e) Cl O cc N O O o 0 0)O O CD CD h 0 O o 0 0 0 o O O O (O tl' 'Q LO 0 M O �LOM �O o OOtn Ol q oI Cq rto N 0000(O to IO 0 CD dv r y O C, Uj Oi 0 0 0 O (O r M ti h N M !N M 0 U) 0 V) r h T 6 C;N N CO G N 0 0 to O t` (O Co M M M M M d n W o WON O O N N o o h oNtO Mr `CM M 7 N f�70 -M— W—N ti rr (� � N w Vf r nj w �. CA U9 w cn (A Vl M M GO M M C9 ' ' Oj to N M fA G9 G9 49 V) � N(A M O ~0 00 O 1- MO O N l0o W N O O N r r OJ 0) 01 C'M O CO O CO O 0 0 CV T N t. P r r to N N N 0 .-- O N CO a CO r M C7 M M M M C� CV N C7 C7 to tO (�7 C�i M M M- M N M M M N r r CO M 0 000 da 0 tOin 0 0 0 o ao 0 000e-or-o 0 o 06 c�.' o ♦. O 0 0 0 0 0 O N N N O d' 0 O O O o sp s o o o o O O co O C r Co co to r r r (D T V N N O r eO 10 V' �! `7 r o r r r r r N N N r r r M M r r N N N r N r f0 M U o00 0o 0 00 0 0 0 0 00 o a00000 o N oo a 0 0 000 00 0 000 a o 0 0 00 0 0000000 0 0 00 0 0 Q r rrr rr r rrr r r r r rr r CD r rrrrr Co d' rr r CD (O N O CD O 0 O m ti O (D 0 CD co CO 0 O O to W to CD M f0 N (O 0 01 m CD CO r D O h O Cl ti M ti CV m CD CO 6G CEO Y � F tO CA (O M to M M M O to I- CO to N CA 1-0 to m N Vi v 0M Vi wr N C9 (A 0� r 6 (a N (A co to M (A NM to 'M U') CO h UD P) O r N M to (O n O [A O N a at to tO In to tD M M to In CD W Ci M M M co M M M M M M M Cl) M M Cl) Cl) Z (y <U � o N 0 tq E rn 0 c ❑ C coi o z� ° d M 0)L U . C -0 087 0 �Q NUo C (L J IL CA M �� = a M (n U F U) co WtT tU Y N Ua. � J J C U N19 C Q N N O Q Q to N ) N 3 o c aa) _UC Cp C U C t!= O N U LL UU) N 0 a. L 7 N R' m U N O CO � a M S 1° w 8 o` N �� e6 a¢ c� 6_ d 3 �_ == 5 N Y M > LU ir Y N Z U = U tL 2 � c X O (n O o h n ti h ti h 0 o 0 0 0 a Q 0 o a o 0 0 a 0 0 0 0 0 0 0 o 0 o o 0 0 0 0 Ot dI 0 0 0 0 0 o 0 0 0 O o a o 0 Cl 0 0 0 N N N N N N N N N N N N N N N N N N N tU M ❑ r M r 7 r2 M r f*J r M r M r M r M r M M r (h r CO r M r M r co r M M r r ?� m 0 i , 0 0 0 tU O 0 0 0 O 0 0 O O O O O O O O N n O) O N O IJ M CM �k O O_ O O O C �r C)CO O Q C, r 0 V EI Q. m M U a°i Q jVO1 J N E .m ui ui � o _ a) c vi O a) O O m d' M N 0 un trs M N LO w w E .9 V w m N O LL O h- a O C. Q N d lC IL rs" PV WR REM CHRYSLER - JEEP - K1A April 7, 2007 William Short City of Gem Lake 4707 Hwy 61 #253 White Bear Lake, MN 55110 Dear Mr. Short: This is written as a follow-up to Bryan Hanson's email regarding Gem Lake Development, on which you were copied. Specifically we wanted to comment on Gem Lake's plan to build a Town Hall on the Otter Lake Road site. While the question of whether or not Gem Lake needs a $750,000 building will be debated by others, it appears that if such an investment is made our business will be among the major investors. We feel this gives us standing to express our strong support for the Hanson concept of using eminent domain to redevelop the present Hoffman Oil site. Bryan's point that improving the appearance of that site would improve the likelihood of further development is reason enough to consider this alternative to the current plan. Bryan's email indicates that the Council seems to support the Otter Lake plan. Hopefully no decision will be made until all of the viable proposals have been evaluated and discussed in a forum that includes representatives of both the end users and the major donors. Sincerely, ck Mayeron General Manager, Barnett Chrysler Jeep Kia 3610 Highway 61 a White Bear Lake, MN 55110 - (651) 429-3391 - Fax (651) 429-5133 JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR AND THE CITY OF GEM LAKE This Agreement is made to be effective the day and year set forth below between the TOWN OF WHITE BEAR, a statutory Township under the laws of the State of Minnesota (TOWNSHIP), and the CITY OF GEM LAKE, a statutory City under the laws of the State of Minnesota (CITY). RECITALS: WHEREAS, the TOWNSHIP is the owner of certain real property, hereinafter referred to as the "Premises", located in White Bear Township, County of Ramsey, State of Minnesota, more particularly described on "Exhibit A" attached hereto and by reference made part hereof; and WHEREAS, the CITY and the TOWNSHIP wish to construct a new municipal government center for its operations on the Premises; and WHEREAS, both parties are political subdivisions organized under Minnesota Statutes, with authority to enter into joint ventures and joint powers agreements; and WHEREAS, pursuant to all of the terms and conditions herein, the parties wish to enter into a Joint Powers Agreement (JPA) for the planning, construction, and operation of the facility. PURPOSE: Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT: Now, therefore, in consideration of the foregoing recitals and mutual undertakings, set forth herein, the TOWNSHIP and the CITY agree as follows: I. DUTIES AND RESPONSIBILITIES a. The TOWNSHIP shall provide a site for the construction of the Municipal Building. b. The TOWNSHIP shall execute a quit claim deed for the Premises naming the TOWNSHIP and CITY as fee owners in joint tenancy. C. The TOWNSHIP and CITY shall utilize the Municipal Building for meeting rooms, polling places, or administrative offices and a Ramsey County Sheriff's Department sub -station. II. DESIGN AND IMPROVEMENT The CITY and TOWNSHIP shall agreed to select an architect. At the time of the design of said Municipal Building, the TOWNSHIP and the CITY shall consult regarding such designs and, before the architect proceeds with the preparation of construction documents preliminary design plans shall be submitted to both the CITY and the TOWNSHIP for approval, which approval shall not be unreasonably withheld. 2 III. CONSTRUCTION The CITY and TOWNSHIP shall be responsible for the construction of the Municipal Building. The selection of the general contractor shall be performed in accordance with Minnesota Statute Section 471.345, the Uniform Municipal Contracting Law. IV. OPERATING COSTS, EXPENSES, AND INSURANCE a. Operating Expense and Maintenance: The TOWNSHIP and the CITY each anticipate using the building for their government operations. The parties shall share the burdens of operating, maintaining, and repairing the building, with such shares to be determined by mutual agreement. The parties agree to consult one another regarding potential tenants of the Premises, and on any proposed expansions or alterations desired by either party. Approval for a proposed tenant, expansion, or alteration shall not be unreasonably withheld. b. Liability: At all times, the parties shall keep in full force and effect a policy or policies of liability insurance with respect to the premises described in this agreement, with companies licensed to do business in the State of Minnesota. Each party shall name the other party as an additional named insured and shall provide adequate coverage under reasonable limits of liability of not less than the statutory 3 limits for municipalities. Each party agrees to hold the other harmless and agrees to defend and indemnify the other for any claims related to its responsibilities under this Agreement. Under no circumstances, however, shall the CITY or the TOWNSHIP be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 for any one party. C. Certificate of Insurance. A certificate issued by an insurance carrier for each policy of insurance required to be maintained hereunder shall be delivered to the other party on or before the commencement date hereof and thereafter, as to policy renewals, thirty (30) days prior to the expiration of the term of each policy. Each of said certificates of insurance required to be maintained by the parties hereunder shall expressly evidence insurance coverage as required by this Agreement, and shall contain an endorsement or provision requiring not less than ten (10) days written notice to the TOWNSHIP or the CITY as applicable prior to the cancellation, diminution in the perils insured against, or reduction of the amount of coverage of the particular policy in questions. V. AGREEMENT TO WORK WITH RAMSEY COUNTY SHERIFF'S DEPARTMENT rd Both the TOWNSHIP and the CITY agree to work with the Ramsey County Sheriffs Department regarding the possible use of the Municipal Building as a substation to the benefit of both parties. VI. TERM AND TERMINATION a. This Agreement between the CITY and the TOWNSHIP shall commence on the date on which the second governing body gives its assent to the Agreement. b. If either party, after appropriate City Council or Town Board action determines the termination of this Agreement then the terminating party shall give sixty (60) days notice of the termination by certified mail to the other party. Upon receipt of the termination notice, the following shall occur: (1) Upon issuance of a notice of completion of the project, but in no event not later than June 1, 2008, costs to construct the building and to acquire and develop the site shall be calculated to determine the percentage of each party's contribution to the project. (2) The parties shall each select an appraiser and the two appraisers selected shall select a third appraiser. In the event one party fails to select an appraiser then by motion to the Second Judicial District Court, the Court shall select an appraiser. The market value of the site and building shall be determined by the 0 majority of the appraisers selected. The costs of the appraisals and appraisers shall be the responsibility of the party requesting termination. (3) Upon the determination of the appraised value of the site and building, the non -terminating party shall pay to the terminating party within 180 days an amount equal to the percentage of the contribution of the terminating party. (4) The party seeking termination shall execute a quit claim deed naming the non -terminating party as the sole fee owner of the site and building in fee simply. Said conveyance shall be clear and free of liens and encumbrances other than easements of record. (5) Any dispute on the termination shall be resolved by binding arbitration. An arbitrator shall be selected from the arbitrator and mediator directory of Minnesota Lawyer publication. In the event an arbitrator cannot be selected by the parties then in that event, either party may motion the Ramsey County District Court for an arbitrator. C. If one party alleges lack of performance by the other party, both parties agree that the issue will be settled in arbitration. VII. NOTICES Any and all notices and demands by or from the TOWNSHIP, or by or from the CITY, shall be in writing and shall be validly given or made if served either personally or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice be served personally, service shall be conclusively deemed made at the time of such personal service. If such notice or demand be served by registered mail or certified mail in the manner herein provided, service shall be conclusively deemed made forty-eight (48) hours after the deposit thereof in the United States mail addressed to the party to whom such notice is to be given. to: Any notice or demand to the TOWNSHIP shall be addressed White Bear Township 1281 Hammond Road White Bear Township, MN 55110 Any notice or demand to the CITY shall be addressed to: City of Gem Lake 4707 Highway 61 #253 White Bear Lake, MN 55110 IN WITNESS WHEREOF, the parties have caused this Joint Powers Agreement to be duly executed as of the date and year first above written. 7 TOWN OF WHITE BEAR By: Town Bo d Chairman Date: 2007. CITY OF GEM LAKE SJ By: Mayor Date: 2007. DRAFT JOINT POWERS AGREEMENT BETWEEN THE TOWN OF WHITE BEAR AND THE CITY OF GEM LAKE THIS AGREEMENT, is made to be effective the day and year set forth below between the TOWN OF WHITE BEAR, a statutory Township under the laws of the State of Minnesota (TOWN), and the CITY OF GEM LAKE, a municipal corporation under the laws of the State of Minnesota (CITY). RFrITAI S- A. The TOWN is planning to extend municipal sanitary sewer and water to the building to be known as HERITAGE HALL. B. That the CITY wishes to contribute a monetary amount to have the TOWN oversize the watermain from an 8" to a 16" service line for future extension of service to the CITY. They are not interested in hook-up to the system at the present time. C. It is feasible for the TOWN to oversize the watermain to allow for future use by the CITY, and the CITY is desirous of having the TOWN oversize such main. PURPOSE: D. Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT: Now, therefore, in consideration of the mutual undertakings herein expressed, the Town of White Bear and the City of Gem Lake agree as follows: 1. That the CITY shall pay to the TOWN the sum of S in payment of the over sizing charges. DRAFT 2. That the CITY agrees that at such time of connection to the TOWN utilities, an additional Joint Powers Agreement will be executed outlining the costs associated to properties wishing to hook-up. IN WITNESS WHEREAS, the Town of White Bear and the City of Gem Lake have caused this Agreement to be executed on their behalf by their proper officers, Council and Board. TOWN OF WHITE BEAR By: ROBERT J. WEISENBURGER, Chairman ATTEST: By: WILLIAM F. SHORT, Clerk -Treasurer CITY OF GEM LAKE By: PAUL EMEOTT, Mayor By: WILLIAM F. SHORT, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2007, by ROBERT J. WEISENBURGER, Chairman of the Town Board of Supervisors, and by WILLIAM F. SHORT, Clerk -Treasurer of the Town of White Bear, Minnesota, a statutory Township, on behalf of the Township. Notary Public, Ramsey Cty., Minn. 2 t y DRAFT STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2007, by PAUL EMEOTT, Mayor, and by WILLIAM F. SHORT, City Clerk of the City of Gem Lake, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public, Ramsey Cty., Minn. 3 Comcast Webmail - Email Message Page 1 of 1 From: 'Bill Short" <Bill.Short@ci.white-bear-township.mn.us> To: <pemeott@comcast.net> Subject: JPA - Watermain Oversizing Date: Friday, April 20, 2007 4:09:39 PM Paul, The Feb. Feasibility Study estimated the oversizing cost to be approximately $8,800. However, the Town Engineer is going to have the bidders give prices for 8" and 16" watermain so that he gets a real price. So, we will not know the cost for the oversizing until we get the bids which will be May 7th. Hope this helps. Bill http://mailcenter3. comcast.net/wmc/v/wm/462E8D200005A60C0000499822165499769B ... 4/24/2007 Comcast Webmail - Email Message Page 1 of 1 From: "Trevor Oliver" <toliver@kellyandfawcett.com> To: <pemeott@comcast.net> CC: "'Patrick Kelly, P.A."' <pkelly@kellyandfawcett.com>, "'Bill Short"' <Bill.Short@ci.white-bear- township.mn.us> Subject: Responsible authority Date: Monday, April 23, 2007 4:04:41 PM Paul - Here is a draft resolution for the appointment of a responsible authority.A We are deviating slightly from the norm in appointing you a€" the rules implementing the data practices act require an a€ceemployeea€L be appointed as the responsible authority.A I called the folks at IPAD for clarification.A The policy goal of this requirement is to ensure that the data practices official is consistently available during business hours.A While IPAD does not read the rule to expressly prohibit elected officials, their general advice is to avoid appointing elected officials as normally the elected folks are not available.A The final word was that we could appoint an elected official if we felt that it would provide the best availability and we could justify it to anyone who chose to challenge the appointment.A Otherwise, IPAD recommends appointing a member of the Township staff, such as Bill. Given your habit of keeping decent office hours, I feel that we could justify appointing you, and the third Moewhereasa€-� clause is designed to justify the departure from normal practice.A If we decide to go with a member of the Town staff, we can eliminate that third paragraph and change the name to the new appointee. Thanks, Trevor Trevor S. Oliver Attorney at Law Kelly & Fawcett, P.A. 651.224.3781 www.k.ellyandfawcett coal THE INFORMATION CONTAINED IN THIS EWMAIL MESSAGE AND IN ANY ACCOMPANYING ATTACHMENT, IS CONFIDENTIAL AND PRIVILEGED AS ATTORNEYWCLIENT COMMUNICATION.A IT IS INTENDED ONLY FOR THE USE OF THE RECIPIENT(S).A 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.A IF YOU HAVE RECEIVED THIS EdEPMAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AT (651) 224a€'3781. (Attachments successfully scanned for viruses.) Attachment 1: (application/msword) http://mailcenter3.comeast.net/wmc/v/wm/462D446C0008249DO00047DO22165579969B... 4/23/2007 CITY OF GEM LAKE, MN 4707 Hwy 61 # 253 White Bear Lake, MN 55110-3227 E-mail CityngemlakeMN.or<� Telephone 651-747-2790 Resolution 2007-10 Resolution appointing a Responsible Authority for the City for purposes of administering the Minnesota Government Data Practices Act WHEREAS, Minnesota Statutes, section 13.02, Subdivision 16, as amended, requires that the City of Gem Lake appoint a Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, within the City; and, WHEREAS, the Gem Lake City Council shares concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the statute; and WHEREAS, the Mayor, Paul Emeott, is the person currently serving the City with the best personal knowledge of Gem Lake's records who is also available to the citizens of the City during regular business hours. BE IT RESOLVED, the City Council of Gem Lake appoints Paul Emeott as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register on August 31, 1981. Motion made by Seconded Adopted by the Council on City Clerk Mayor Look for us on the World Wide Web at gemlakemn.org