HomeMy WebLinkAbout2007 07-17 CCPCITY OF GEM LAKE, MN
City Council Agenda
July 17, 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 May, 2007
B) Minutes of City Council meeting of June, 2007
C) City Council Agenda for this meeting
PUBLIC NOTICES
NONE
PRESENTATIONS FROM THE FLOOR
15 minutes maximum allowed for this part of meeting
COMMITTEE REPORTS
Planning Commission report
Building Committee (City Hall) report — Craig Rafferty or alternate
OLD BUSINESS
A) Gem Lake 2006 SWPP and MS4 report — Chuck Watson
B) SEH feasibility study for water, sewer and roads for land parcels in city
C) Should Gem Lake join the Ramsey -Washington Cable Commission ?
NEW BUSINESS
A) City prosecutor expenses
B) A.pproval of payment of claims for June -July 2007
C) 2 quarter treasurers report
FUTURE CITY COUNCIL MEETINGS
Next City Council workshop Monday August 6, 2007 7 PM
Or
Other time
Next City Council meeting — Tuesday, August 21, 2007 7 PM
or
Other time
ADJORNMENT
CITY OF GEM LAKE
4707 Hwy 61 # 253
White Bear Lake, MN 55110-3227 z_ " -
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Minutes of Gem Lake City Council Meeting
17 July 2007
The July 2007 regular meeting of the City Council of the City of Gem Lake was called to order by Mayor
Emeott on Tuesday, July 17, 2007 at 7:05 pm in the first floor meeting room of Tousley Ford. Mayor Emeott,
Councilors Artig-Swomley, Shilling, Rasmusssen, and Watson were present. Also present was 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
Minutes of City Council meeting of May 2007: Minutes from the May 2007 City Council meeting were
discussed. There were two changes made. Motion by Rasmussen, Second by Watson to approve May 2007 minutes
was unanimously approved with these changes.
Minutes of City Council meeting of June 2007: Minutes from the June 2007 City Council meeting were
discussed. On page 3 of minutes, New Business 2007-12, change motion by Rasmussen as they were incorrectly
attributed to Watson. Also under New Business, the agenda item related to VLAWMO and Storm Water Utility
(SWU) for funding of Operations will remain a statement of support and is not a Resolution. Motion by Rasmussen,
Second by Shilling to approve June 2007 minutes with corrections discussed was unanimously approved.
City Council Agenda for this meeting: Mayor Emeott called for additions, deletions and corrections to the
agenda. Changes were made to the agenda as follows: 1) Under New Business, Discussion about City policy
regarding donation of Public Lands. Motion by Watson, Second by Shilling to approve agenda with additions was
unanimously approved.
PUBLIC NOTICES
There were no public notices discussed.
PRESENTATIONS FROM THE FLOOR
Bob Uzpen stated that the paving of Big Fox road at a level higher than his driveway has created a runoff
problem into his property and was there anything the council could do about this. The council discussed getting
Schifsky's to consult on this issue and at the same time look at another driveway problem Haven Lane.
Secondly, Uzpen commented that he felt Gem Lake residents should be able to participate in workshops, they
should not be closed. He checked with some adjacent cities regarding workshops and all had some citizen input.
Mayor Emeott stated that the city only has three meetings with the planner and needs enough time to get work done.
Uzpen indicated that the Planner also indicated that they generally get input from the Council, residents, and
residents close to the development area. Without resident input at the workshop, two of the entities are not included.
Council member Artig-Swomley agreed that resident input was important with set time constraints. She suggested 15
minutes be put at the end of the workshop for resident comments so that they could reflect upon what they heard
during the workshop and voice ideas or concerns. Mayor Emeott indicated he felt that the 15 minutes should go at
the beginning of the workshop agenda so that ideas and concerns could be discussed during the workshop. Councilor
Rasmussen agreed with Artig-Swomley but re-emphasized the importance of residents getting their comments to the
Council prior to workshops so that the Planner could better respond to them. Uzpen indicated that he has
communicated with people on his street and asked them to give their input. Motion by Artig-Swomley to add 15
minutes to the end of workshops for Presentations from the Floor, Seconded by Watson. Discussion continued about
when in the agenda to add Presentations from the Floor. Watson discussed the fact that the Planner would not be able
to incorporate ideas generated from the floor at the meeting during the current meeting and that resident comments
prior to the workshops is essential. Motion by Artig-Swomley revised to read Written comments are encouraged
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prior to the City planning workshops and 15 minutes is proposed at the end of the workshop for Presentations from
the Floor, Seconded by Watson. Motion passes with one Nay.
COMMITTEE REPORTS
Planning Commission report: No report
Building Committee (City Hall) report: Mayor Emeott reported that work progresses on the new City Hall.
Installation of the water main is behind schedule by three days. The floor should be ready to pour next week. Work is
currently about 1 week behind schedule with completion date of October 15, 2007. A question was raised concerning
theft insurance for materials on the worksite. Mayor Emeott indicated that the City has already applied for builders
risk insurance.
OLD BUSINESS
Gem Lake 2006 SWPP and MS4 report — Chuck Watson: Watson reported that a public notice will be
placed in the next White Bear Press addition about a public comment period on the SWPP and MS4 report at the
next City Council Meeting. These public comments would be incorporated into the report. City resident Jack
Hoeschler asked if the public would have anything to review prior to this meeting regarding this. Watson responded
that the city has never received public comment on this report before. Councilor Artig-Swomley volunteered to do a
Question and Answer interview Watson about this topic and post the response on the City Web site. Watson also
stated that he was planning to review a public training program developed by Stillwater on how residents could
contribute to water quality and how they can making things better. Watson stated that the SWPP report was primarily
interested in the flow of waters out of the city and the quality of that water when it leaves, not about the quality or
flow of water within the city. Mayor Emeott reported that he had found records on water testing that was performed
in the 1980's and that information could be compared against water testing if it were performed today. It was also
stated that a lake level gauge is currently in Gem Lake. Hoeschler stated that a settlement pond could be constructed
behind Tousley Ford to contain and filter their overflow water. Mayor Emeott indicated this is on the 2009 VLAMO
water plan project list.
SEH feasibility study for water, sewer and roads for land parcels in city: SEH recommended a water flow
study be conducted because, while Vadnais Heights water system would be able to provide adequate for residential
or commercial use o the two 18 acre properties available for development, there is a question about fire fighting
flow and pressure. A study would answer this question. Mayor Emeott provided the Councilors with educational
information about what services SEH can provide to the City. He also stated that the Council decided a couple of
meetings ago that the city could not afford a SEH feasibility study at a cost of $16,000420,000 this year.
Should Gem Lake join the Ramsey -Washington Cable Commission? The city was finally able to make
contact with the Ramsey -Washington Cable Commission. It was reported that technology is currently unable to
televise City Council meetings to the residents of Gem Lake. If the City wants to televise meetings, they would have
to tape them, bring the tape to Vadnais Heights and White Bear, and ask for them to play these meetings when time
was available. No action will be taken on joining this commission until they are able to televise directly to the
residents of Gem Lake.
NEW BUSINESS
City prosecutor expenses: Mayor Emeott explained that the City is currently prosecuting a drunk driver and
will be required to pay for prosecuting expenses. Because of this unexpected expense, it is expected that the
budgeted amount for the City Prosecutors of $2500 will be exceeded. Attorney Oliver stated that because of the level
of the offense, the city has to prosecute it and is not eligible for restitution of the costs.
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Approval of payment of claims for June -July 2007: Mayor Emeott noted a $2000 expense for two issues of
the City newsletter as budgeted. The deadline for inclusion in the next newsletter is August 3, 2007. Motion by
Artig-Swomley, Seconded by Schilling for approval of payment of claims for June -July 2007 was unanimously
approved by voice vote.
2"d Quarter treasurers report: Councilor Artig-Swomley stated that she has found the treasurer's report very
helpful. Councilor Watson stated it is very straightforward. Motion by Schilling, Seconded by Artig-Swomley to
approve the 2"d Quarter treasurers report was unanimously approved. Mayor Emeott announced the resignation of
White Bear Township Financial Officer and Gem Lake City Treasurer, Tom Kelly. Councilor should expect to see a
job posting including the duties of Gem Lake City Treasurer listed soon.
Discussion about City policy regarding donation of Public Lands -Hutch Schilling: Councilor Schilling
stated that he felt that the City should have a formal policy regarding the donation of public lands. The Council
discussed ensuring that the city has an environmental report on the property, that the land is not land locked but had
public access, ensuring that the property fit into the City plan, and considering the tax loss potential on the property.
Motion by Schilling that states "The City of Gem Lake welcomes proposals and would be interested in reviewing any
offer in land by the property owners in Gem Lake or surrounding communities", Seconded by Artig-Swomley was
unanimously approved by voice vote.
Secretarial duties: The previous recording Secretary, Joan Clemens, has indicated she will no longer be
available to attend meetings and take minutes. Fill -In Secretary, Teresa Tice, indicated her interest in this position
and the Council agreed to the appointment.
FUTURE CITY COUNCIL MEETINGS:
Next City Council Workshop — Monday, August 6, 2007 at 7:00 p.m in the first floor meeting room of Tousley Ford.
Next City Council Meeting — Tuesday, August 21, 2007 at 7:00 p.m. in the first floor meeting room of Tousley Ford.
ADJOURN: The July 2007 regular meeting of the City Council was adjourned at 8:24 p.m.
AUTHORIZED: July 18, 2007
APPROVED: August ?,tX, 2007
J,I
ATTEST:
Teresa Tice, Recording Secretary
ATTEST:
0� 4r 4*-�
Paul R. Emeott, Mayor
Certified Copy.
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Attendance List for Gem Lake City Council Meeting: July 17, 2007
Dale Swomley
Goose Lake Road
Teresa Tice
Secretary
Bob Uzpen
Big Fox Road
Kim Anderson-Uzpen
Sue Narayau
Trevor Oliver
City Attorney
Kathleen Lobens
Jack Hoeschler
Brian Hanson
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CITY OF GEM LAKE, MN
4707 Hwy 61 # 253
White Bear Lake, MN 55110-3227 _
Telephone 651-747-2790
Planning Commission Minutes, 7-11-2007
Planning Commission Chair Jim Lindner opened the July meeting at 7:05PM.
Commissioners Lindner, Derek Wippich, and alternate member Beth Herzog were
present. Also present were Councilwoman Gretchen Artig-Swomley, Bob Uzpen,
Chrissy Cammick, and Dan Jochum
White Bear Montessori
WB Montessori did not appear to make any new presentations. They will be dropped
from future agendas until they contact us.
Comprehensive Plan
Dan Jochum began tonight's meeting explaining how the plan is progressing at SEH.
Some sections, including land use, will depend on the work newly hired planner Mark
Putnam will produce. Dan will also follow up with a new Met Council program to help
underwrite the cost of Comprehensive Plans via a revised Livable Communities Act
initiative. He then led the discussion on section 9.2.
Many of section 9.2's existing policies are still valid. Goal I may likely be removed.
Goal K may need rewriting.
After this we did a quick review of old section 11 opting to retain some policies while
removing or relocating others to different portions of the new plan.
At our next meeting we will review the updated sections 3 and 4.
Our next meeting will be Tuesday, August 7 at 7PM.
Mr. Lindner adjourned the meeting at 8 :OOPM.
Jim Lindner
Planning Commission chair
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ROBB OLSON
LAW OFFICE, PLLC
Robb L. Olson
VM: 763-231-6202
Email: robbolson@wbllaw.net
Mark A. Mitchell
VM: 763-231-6203
Email: markmitchellgwbllaw. net
July 2, 2007
City of Gem Lake
4707 Highway 61, 9253
White Bear Lake, MN 55110-3227
Dear City Manager:
S�
4886 Highway 61 N., Suite 102
White Bear Lake, MN 55110
Tel: 651-426-1533
Fax:651-426-6732
Sandra L. Parker
Legal Assistant
Email: lawyers@wbllaw. net
Since the change over in the City with the replacement of Fritz Magnuson, I do
not know who to contact regarding prosecution matters. I left a phone message last week
on the City voice mail, but received no response.
My reason for attempting to contact the City is prosecution of a difficult and
expensive DWI case against Michael Hamer. According to witnesses, Mr. Hamer was
the driver of a vehicle that hit another car at the intersection of County Road E and
Highway 61. He appeared to be very drunk, and drove off. Hamer was apprehended
about 35 minutes later, now as a passenger in the vehicle, passed out. He later tested .21
blood alcohol content on the Intoxilyzer. It is his second DWI offense.
There are two difficult trial issues in this case, as follows:
1 TA, +. i r.f a �••i r iJ: th t: ... 1
_if_y t on o _.amer H= �r :.:�;ate:lU$ tilwt AL �ra� •;3 Viliva, iivt _lieu, wsiG
was driving the vehicle. His brother looks very similar, and our witnesses will express
some doubt at trial.
2. Impairment. The test of .21 blood alcohol content was taken about three hours
after the accident; to have an open and shut case the test must be within two hours of
driving. The witnesses will testify that they spoke with Hamer and he appeared to be
very drunk, and he did rear end their car at about 5 miles per hour.
As indicated in the attached bill from my office, an evidentiary hearing regarding
the procedure used to identify Hamer was held on June 21, and I spent a lot of time
preparing for this issue. There were two witnesses and two police officers who testified,
and it took the better part of a day. Assuming we win on this issue, we will go to trial in
October. The trial will take at least two days.
Under my contract with the City, I receive $100.00 per hour for trial work. I
estimate that a trial and preparing for it would cost an additional $3,000.00 to $5,000.00,
depending on how long the trial takes. Hamer hired Steven Meshbesher, who is a very
aggressive defense attorney.
I would appreciate it if someone from the City would contact me regarding how to
proceed in this matter.
Sincerely,
Robb L. Olson
Robb Olson Law Office, PLLC
RLO/sp
0
OFFICE OF THE RAMSEY COUNTY ATTORNEY
Susan Gaertner, County Attorney
50 West Kellogg Boulevard, Suite 560 • St. Paul, Minnesota 55102-1556
Telephone (651) 266-3222 • Fax (651) 266-3032
Civil Division
June 21.2007
City Clerk
Gem Lake City Hall
1369 East County Road E
Gem Lake, MN 55110
Dear City Clerk:
Attached is a list of the tax petitions filed in Ramsey County under Minn. Stat. Chapter
278 for taxes payable in 2007. The County Attorney is required to provide this list to
municipalities pursuant to Minn. Stat. § 272.71(a)(3).
Sincerely,
a
Ann . Schwartz
Paralegal
(651) 266-3050
Enc.
„N
C: 29
Address Tax ID No.
8200 Coral Sea St. 05-30-23-21-0005
Civil Matters
Matter No.: 29772
Matter Name Court File No.
2007 - MEDTRON C1-07-3982
i
2851 /No.:
E 05-30-23-12-00001
Civ
M501
M Cou /FileNo.
2007 - CEDAR HEIGHTS CORP C7 6-7363
C: 37
Address Tax ID No.
3588 Highway 61 34-30-22-12-0018
Civil Matters
Matter No.: 29317
Matter Name Court File No.
2007 - DLW PROPERTIES LLC C1-07-2721
3610 Highway 61 27-30-22-43-0031
Civil Matters
Matter No.: 29460
Matter Name Court File No.
2007 - BARNETT PROPERTIES C7-07-3078
3575 Hoffman Road 34-30-22-12-0019
Civi/ Matters
Matter No.: 29317
Matter Name Court File No.
2007 - DLW PROPERTIES LLC C1-07-2721
1556 County Road E E 34-30-22-12-0017
Civil Matters
Matter No.: 29317
Matter Name Court File No.
2007 - DLW PROPERTIES LLC C1-07-2721
Market Value
$2, 563.000.00
$840, 000.00
Market Value
$491,100.00
$2, 267, 000.00
$460, 000.00
$110, 000.00
Report run on 6/19/2007 By: ann.schwartz Page 91
C: 37
Address
Tax ID No.
Market Value
Highway 61
27-30-22-34-0003
$236,000.00
Cl vil Matters
Matter No.: 29427
Matter Name
Court File No.
2007 - SIEVERS, MARILYN A. &
C4-07-2891
Schueneman Road
27-30-22A3-0012
Civil Matters
Matter No.: 29926
Matter Name
Court File No.
2007 - HANSEN, BRYAN M.
C8-07A210
Schueneman Road
27-30-22A3-0013
Civil Matters
Matter No.: 29926
Matter Name
Court File No.
2007 - HANSEN, BRYAN M.
C8-07-4210
3700 Highway 61
27-30-22A3-0019
$1,545,000.00
Civil Matters
Matter No.: 29450
Matter Name
Court File No.
2007 - BARNETT PROPERTIES
C7-07-3078
1150 Goose Lake Road
28-30-22-13-0016
$906,000.00
Civil Wafters
Matter No.: 30308
Matter Name
Court File No.
2007 - DEAU, ANDRE YA
C8-07-4689
1491 County Road E E
27-30-22-34-0009
$862,000.00
Civil Matters
Matter No.: 29778
Matter Name
Court File No.
2007 - TOUSLEY FORD (GEM LAKE)
CO-07-3987
Report run on 6/19/2007 By: ann.schwartz Page 92
C: 37
Address
1485 County Road E E
Civil Matters
Matter No.: 29778
Matter Name
2007 - TOUSLEY FORD (GEM LAKE)
3750 Big Fox Road
Civil Matters
Matter No.: 30322
Matter Name
2007 - RAFFERTY, CRAIG E. &
3599 Hoffman Road
Civil Matters
Matter No.: 29317
Matter Name
2007 - DLW PROPERTIES LLC
3651 Highway 61
Civil Matters
Matter No.: 29778
Matter Name
2007 - TOUSLEY FORD (GEM LAKE)
C: 47
Address
2384 Larpenteur Aye. W.
Civil Matters
Matter No.: 29122
2007 - ROS HILL INVESTMENTS LLP
2520 Larpen urAw. W.
Civil hers
r No.: 29989
- WAR INVESTMENTS LL
Tax ID No.
27-30-22-34-0006
Court File No.
CO-07-3987
28-30-22-41-0011
Court File No.
C3-07-4714
34-30-22-12-0016
Court File No.
C1-07-2721
27-30-22-34-0010
Court File No.
CO-07-3987
Tax ID No.
20-29-23-21-0005
828
Court File No.
C3-07-4292
Market Value
$1,197,000.00
$1, 063, 700.00
$175, 000.00
$3, 223, 000.00
Market Value
$1,020,000/00
$778, 800.00
Report nun on 6/19/2007 By: ann.schwartz Page 93
MEMORANDUM
Date: July 3, 2007.
To: City Council.
From: Tom Kelly.
Re: 2"d Quarter Financial Report.
The year is half over already. Through the 2"d quarter of the year the General Fund
revenues are above anticipated levels, however so are expenditures.
Revenues are
also above 2006 revenues and expenditures are below 2006 expenditures, Below are
the General Fund's 2"d quarter revenue and expenditures;
2006 2007 2007
% Received
2nd Qtr Budget 2°d Qtr
Spent
Revenues $155,933 $335,605 $197,073
59%
Expenditures $268,770 $335,605 $215,391
64%
2007 COMPARISON OF REVENUES TO EXPENSES
S400.000 T.. ......... .........
S350.000................................................................................
$300.000...............................................
$250 000.......................................................................................................................
$200000
$150.000
$100.000
S50.000
$0 6—
JAN 1 JAN 31 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
—o--07REVENUES—a-07EXPENSES
For the year the City has received 59% of their revenue in the first quarter. The City
received its tax settlement advance from Ramsey County in June, which is the main
reason revenues levels are as high as they are The City certified a debt levy of
$100,000, which was not included as budgeted revenues or expenditures.. The City
received $48,450 for this debt levy in June, which I have placed in the General Fund.
The revenue sources that are above their budget amounts are the liquor and tobacco
licenses, cable TV franchise fees and interest earnings. The City has already collected
$737 more in interest earnings than it budgeted in the general fund, So far the City has
collected interest earning of $2,237 compared to $3,604 in all of 2006. Permits are over
budget but this is due to the fact that permit revenues were not budgeted because they
were paid out to the inspector.. Under the State Auditor's financial program you record
all the revenues in revenue accounts and any expenses are to be spent from
expenditure accounts. In addition the agreement with the Township is for the City to
retain permit fees and to pay an hourly rate for inspector services A final reason is the
City collected $41,254 from Ramsey County and the City of Vadnais Heights for the
balance of the construction project on County Road E and Highway 61. Below is the
breakdown of second quarter revenues
2007
2007
%
Budget
2"d Qtr
Received
Property Taxes
$311,197
$129,047
41%
Licenses & Permits
10,300
11,110
108%
Intergovernmental
6,108
4,077
67%
Charges for Services
0
6,710
671 %
Fines
3,000
1,567
52%
Miscellaneous
5,000_
44,562
891%
Total Revenues
$335,605
$197,073
59%
2O07 REVENUES: BUDGETED COMPARED TO ACTUAL
S400.DDD i
•••••........................................................................................... ........ ..................................................
.........................................................................5350.ODD x
5300.00o I....................................................................................................._....................,..
5250.00D �.......................................................................... ................................................_./ ....
5200.00D 4.................................................................r.....................................................J .......
1 $1500DD...........................................
S10D.00D+...................................................
...../.....
/......................
............................
550.000 4.............................................../....../........................................................................
SO i
JAN 1 JAN 31 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
— WBUDGET --n-07ACTUAL
Expenditures for the year are below budget as shown below;
2007
2007
%
Budget
2"d Qtr
Spent
General Government
$172,725
$ 99,877
58%
Public Safety
89,540
44,622
50%
Public Works
73,340
70,892
97%
Total Expenditures
$335,605
$215,391
64%
2007 EXPENDITURES: BUDGETED COMPARED TO ACTUAL
S40D.000............................................................................................ ...........................
$350,000 .............................................................................................................
S300.000............ ........................... ....................... .........................................
..... ... ....
S250000........................................ .....................................
..,x ...... ..........
S200.000................................................... .......... . ..,x....................................... .
5150.000..... ......................................./............................._................ ..
S100.000 .....................................................................................
S5D.DOD ................................................................................................................
SO a�r--1— i i 1 1
JAN 1 JAN 31 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
If expenditures were spent evenly throughout the year the City should have spent 50%
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 64% 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. Also the City spent $57,055 for engineering cost
related to the Highway 61/County Road E project, which was not budgeted.
Revenues for 2007 are above 2006 revenues at this time which is due to the $100,000
debt levy first half settlement, which the City did not have last year and the recording of
permit revenues.
YEARLY REVENUE COMPARISION
sn50.000
—
S400.000
- - ----------- -- ---- --
J - '
S350.000-----
------- —-------
aJ
J
1 - �
55250.000
a
I
N �a a a a as
5150.000J
J
S50.000
--------- -- -
;a a
p,�, Vi: a �, _ a a J
—
SO Yr�i^7-'—.iF-i=1T
JAN 1 JAN 31 FEB MAR APR MAY JUN JUL AUG. SEP OCT NOV DEC
a :GOG q 700)
At the same time expenditures are below expenditures at the same time last year. This
is due to less being spent for City services provided by the Township now and not
having to transfer special assessments from the General Fund to the Debt Funds.
$650,000
5500.000
5450,000
$400,000
$350.000
5300.000
5250 000
5200.000
5150.000
SIMO 0
550,000
so
JAN ,
Overall, I believe the City's expenditures will finish the year below or near budgeted
amounts. While revenues will be above budgeted revenues and the City will be able to
repay some of loan the General Fund received from the Sewer Fund last year.
The Parks and Playgrounds Fund had no activity during the second quarter.
The City's debt funds (2004 Bonds and 2006 Bonds) collected their first half special
assessment payments in the amount of $62,253. There were no expenditures during
the quarter, however the second half debt payment will be due August 1". The second
half payment will be for principal of $24,933 and interest of $1 5,012 for a total payment
of $39,945.
The City currently operates two construction funds. The first one is the street
improvement fund, which was financed by the issuance of the 2006 improvement bonds
and now that the construction is completed the $37,328 cash balance should be
transferred to that debt service fund. The other fund is the City Hall Construction fund
and was financed through the 2007 Improvement Bonds. On June 26'h I invested the
majority of the bond proceeds in A-1/P--1 grade commercial paper maturing in August,
September, and October at various discount rates. By doing so the City should earn
$2,000 more in interest than leaving in the City's interest bearing checking account. The
main expenditure so far has been the $71,049 for the architects.
The City's Sewer Fund 2"d quarter financial information is as follows:
% Received
Budget 2"d Qtr Spent
Sewer Fund:
Revenues $54,578 $30,043 32%
Expenses $37,508 $41,306 76%
Revenues for the second quarter are at anticipated levels having billed for the second
quarter sewer service at the end of June and will be collected during July. Expenses are
higher than anticipate, with the major expense was the $23,800 paid for televising the
City's sewer lines, which is a one time expense. Again I would anticipate the Sewer
Fund's expenses to finish the year near budgeted amounts.
Finally, the City had $966,735 invested as of June 301h. The last page is a listing of all
the City's investments The investment schedule includes where the funds came from,
the type of investment, interest rate, and the value of each investment. While the
schedule 5 CD's the City really only has three CD's. The CD listed from the 2004 Debt
Service Fund, 2006 Debt Service Fund and General Fund is one CD, but the accounting
system tracks it as three separate CD's because of the funding sources.
City of Gem Lake Cash Balance Statement 07/02/2007
As of 07/02/2007
Fiscal Year:2007
Name of Fund
General Fund
Parks and Playgrounds
Road and Bridge
Special Assessment Bond
2004 Debt Service Fund
2006 Debt Service Fund
Street Improvement
City Hall Construction
Water Enterprise Fund
Sewer Enterprise Fund
Total
Beginning
Total
Total
Ending
Balance
Receipts
Disbursements
Balance
$101,141,12
$222,460.75
$241,983.86
$81,618M
$0.00
$34,363..41
$34,363.41
$0.00
MOO
$0.00
$0.00
$0,00
$0.00
$0.00
$0.00
$0.00
$129,982.81
$34,893.87
$65,321.17
$99.555.51
$58,239.07
$29,542.70
$44,623.69
$43,158.06
$41,760.62
$567.28
$5,000.00
$37,327.90
$0.00
$823,350.96
$817,246.87
$6,104.09
$0.00
$0.00
$0.00
$0.00
$32,284.47
$123,778.59
$135,578.43
$20,484.63
$363,408.09
$1,268,957.56
$1,344,117.43
$288,248.22
Page 1
City of Gem Lake Interim Financial Report by Object Code (YTD) 07102/2007
As of 06/30/2007
General Fund
Budget
Actual
Variance
Receipts:
Current Property Taxes
$311,197,00
$125,200,27
($185,996.73)
Delinquent Propert Taxes
$0 00
$462 50
$462,50
Fiscal Disparity Taxes
$0.00
$3,384 04
$3,384.04
On -Sale Liquor Licenses
$4,000.00
$5,100.1.00
$1,100.00
Off -Sale Liquor Licenses
$0 00
$100 00
$100.00
Non -Intoxicating Liquor Licens
$700.00
$0 00
($700.00)
Other Permits
$0.00
$639,69
$639,69
Tobacco License
$500 00
$700.00
$200.00
Charitable Gambling License
$100.00
$100.00
$0.00
Contractor Licenses
$0.00
$225.00
$225.00
Building Permits
$0 00
$849 00
$849.00
Plumbing Permits
$0.00
$250.00
$250,00
Mechanical Permits
$0.00
$200.00
$200.00
Electrical Permit
$0 00
$524 50
$624.50
Fire Marshall Inspection
$5,00000
$1,130.00
($3,870.00)
Septic Inspection Fee
$0.00
$776,00
$776.00
State Permit Charge
$0 00
$40 36
$40 36
Administration Fee
$0,00
$105.00
$105.00
Dog Licenses
$0.00
$370 00
$370 00
Local Government and Aids
$2,808,00
$0.00
($2,808.00)
Score Recycling Grant
$800.00
$831.00
$31 00
Cable TV Franchise Fees
$2,500.00
$3,245.95
$745 95
Plan Review
$0,00
$40.37
$40.37
Sale of Supplies
$0.00
$9.00
$9.00
OTHER CHARGES
$0 00
$6,660,68
$6,660.68
Fines
$3,000.00
$1,566 54
($1,433.46)
Current Special Assessments
$0.00
$41,253.87
$41,253.87
Interest Earnings
$1,500.00
$2,237,45
$737.45
Charitable Gambling Contributi
$3,000,00
$1,072,00
($1,928.00)
Insurance Policy Dividends
$500.00
$0.00
($500.00)
Total Revenues
$335,605.00
$197,073.22
($138,531.78)
Other Financing Sources:
Sale of Investments
$25,387.53
Transfers from other Funds
$0.00
Disbursements:
City Council
Wages and Salaries
$4,946.00
$2,678 00
$2,268 00
Employer Paid Insurance
$2,172.00
$646,12
$1,525..88
Liability Ins - Employees
$565,00
$200.00
$365.00
Meetings
$2,500 00
$865,00
$1,635,00
Meeting Preparation
$0.00
$300 00
($300 00)
Clerk
Wages and Salaries
$8,587,00
$2,285 60
$6,301 40
Employer Paid Insurance
$0 00
$39.40
($39.40)
Workers Compensation
$125,00
$0.00
$125 00
Office Supplies
$3,500.00
$1,249.92
$2,250 08
Professional Services
$20,000.00
$4,990,70
$15,009.30
Administration
$000
$1,560.00
($1,560,00)
Mileage
$400,00
$101.45
$298. 55
Recording Secretary
$0 00
$450.00
($450.00)
Page 1
City of Gem Lake Interim Financial Report by Object Code (YTD)
07/02/2007
Budget
Actual
Variance
Office Equip & Furnishing
$0 00
$1,779 81
($1,719.81)
Elections
Miscellaneous
$250 00
$0.00
$250.00
Financial Administration
Auditing Services
$4,200 00
$695 00
$3,505-00
Financial Services
$0 00
$10,340,00
($10,340.00)
Accounting
Auditing Services
$0 00
$4,300,00
($4,300.00)
Legal Services
Prosecution
$2,500,00
$1,415.00
$1,085.00
Legal
$8,000 00
$18,108.99
($10,108.99)
Legal - Annexation
$30,000,00
$15,421.50
$14,578 50
Other General Government
Office Supplies
$4,000.00
$113.75
$3,886 25
Miscellaneous
$50.00
$0.00
$50.00
Public Relations
$5,000.00
$0.00
$5,000 00
Marketing & Advertising
$6,000,00
$0.00
$6,000 00
Legal Notice Publication
$2,500.00
$542,76
$1,957.24
Newsletter
$0.00
$2,000 00
($2,000 00)
General Liability Ins.
$2,000,00
$1,435 00
$565 00
Property Insurance
$500.00
$80 00
$420 00
Vehicle Insurance
$250.00
$70-00
$180,00
Recycling Collection
$4,200.00
$2,003 40
$2,196.60
VLAWMO
$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
$205 91
($5.91)
Building Inspections
$400.00
$9,950,73
($9,550 73)
Zoning Administration
$1,000.00
$935 50
$64 50
Building Secretary
$480.00
$0.00
$480.00
NPDES Training
$250.00
$0 00
$250.00
NPDES Education
$250,00
$0.00
$260.00
NPDES Administration
$1,500.00
$1,227.00
$273.00
Code Enforcement
$1,00000
$000
$1,000.00
Comp. Plan Update
$40,000,.00
$10,131 32
$29,868.65
Dues & Subscriptions
$225 00
$0.00
$225,00
Town Hall Building
Internet Connection
$500.00
$72.95
$427,05
Telephone
$2,000.00
$124.29
$1,875.71
Web Site
$2,000.00
$297,50
$1,702 50
Police
Regular Law Enforcement
$65,676,00
$31,010,24
$34,665 76
Special Law Enforcement
$74.00
$0 00
$74.00
Dispatch Costs
$2,880,00
$1,053.71
$1,82629
Administration
$2,880 00
$589.30
$2,290 70
Miscellaneous
$500 00
$85.50
$414 50
Fire
Administration
$940 00
$0.00
$940.00
Miscellaneous
$60.00
$0.00
$60.00
Fire Service
$11,873 00
$6,255.00
$5,618.00
Fire Marshall Service
$4,057.00
$1,897.02
$2,159.98
Animal Control
Aniamal Removal
$400,00
$300.00
$100 00
Animal Enforcement
$200.00
$0 00
$200.00
Building Inspection
Building Inspections
$0 00
$3,162.50
($3,162 50)
Building Secretary
$0 00
$269.00
($269 00)
Page 2
City of Gem Lake Interim Financial Report by Object Code (YTD)
07/02/2007
Budget
Actual
Variance
Road Maintenance
Gravel
$0.00
$355,20
($355.20)
Engineering
$45,000.00
$664.24
$44,335,76
Administration
$3,840 00
$0.00
$3,840,00
Miscellaneous
$2,500-00
$0.00
$2,500.00
Street Lights
$1,000 00
$445,54
$554,46
Repair/Maint-Contractual
$3,000 00
$0.00
$3,000.00
Street Repairs
$0 00
$478.00
($478.00)
Dues & Subscriptions
$0 00
$42.19
($42.19)
Ice and Snow Removal
Salt Sand
$1,500,00
$2,592.00
($1,092.00)
Sales Tax
$100..00
$168,50
($68.50)
Repair/Maint-Contractual
$13,400 00
$7,260.00
$6,140.00
Construction
Engineering
$0 00
$57,054,59
($57,054.59)
MISCELLANEOUS
Gambling Distributions
$3,00000
$1,832.00
$1,168.00
Total Disbursements
$335,605.00
$215,390.63
$120,214.37
Other Financing Uses:
Purchase of Investments
$26,593 23
Transfers to other Funds
$0.00
Beginning Cash Balance
$101,141.12
Cash Balance as of 06/30/2007
$81,618-01
Page 3
City of Gem Lake Interim Financial Report by Object Code (YTD)
As of 0613012007
Parks and Playgrounds
Receipts:
Interest Earnings
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 0613012007
Budget
$0.00
$0.00
$0.00
Page 1
Actual
$1,573.89
$1,573.89
$32,789,52
$0 00
$0„00
$34,363 41
$0,00
$0.00
$0.00
07/02/2007
Variance
$1,573, 89
$1,573.89
$0.00
City of Gem Lake Interim Financial Report by Object Code (YTD) 07/02/2007
As of 06/30/2007
2004 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
Principal
Interest
Total Disbursements
Other Financing Uses:
Purchase of Investments
Transfers to other Funds
Beginning Cash Balance
Cash Balance as of 06/30/2007
Budget
Actual
Variance
$78,262 00
$33,603,38
($44,658.62)
$0 00
$9 63
$9.63
$0 00
$1,280.86
$1,280 86
$78,262.00
$34,893.87
($43,368.13)
$0.00
$0.00
$50,327,00 $24,933.00 $25,394.00
$20,315,00 $10,38817 $9,926.83
$70,642.00 $35,321.17 $35,320.83
Page 1
$30,000.00
$0.00
$129,982.81
$99,555.51
City of Gem Lake
As of 06130/2007
2006 Debt Service Fund
Interim Financial Report by Object Code (YTD) 07/02/2007
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 06130/2007
Budget
Actual
Variance
$31,000.00
$28,594.05
($2,405.95)
$0.00
$45.56
$45.56
$0 00
$903.09
$903 09
$31,000.00
$29,542.70
($1,457.30)
$0 00
$0 00
$98,910 00 $4,623.69 $94,286.31
$98,910.00 $4,623.69 $94,286.31
Page 1
$40,000 00
$0 00
$58,239.07
$43,158.08
City of Gem Lake Interim Financial Report by Object Code (YTD) 07/02/2007
As of 06/3012007
Street Improvement
Receipts:
Interest Earnings
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 06130/2007
Budget
$0, 00
$0.00
$0.00
Page 1
Actual
$567 28
$567.28
$0 00
$0 00
$0.00
$0.00
$5,000 00
$41,760.62
$37,327,90
Variance
$567,28
$567.28
$0.00
City of Gem Lake
As of 06/3012007
City Hall Construction
Receipts:
Bond Proceeds
Total Revenues
Other Financing Sources:
Sale of Investments
Transfers from other Funds
Interim Financial Report by Object Code (YTD) 07/05/2007
Disbursements:
Construction
Engineering
Legal
Administration
Miscellaneous
Conference Registrations
Architect Fees
Total Disbursements
Other Financing Uses:
Purchase of Investments
Transfers to other Funds
Beginning Cash Balance
Cash Balance as of 06/30/2007
Budget Actual Variance
$0.00 $823,922.50 $823.922,50
$0.00 $823,922.50 $823,922.50
$0 00
$0.00
KOO
$1,313.50
($1,313 50)
$0,00
$1,595.00
($1,595.00)
$0.00
$858,00
($858 00)
$0.00
$270.00
($270.00)
$0.00
$25.00
($25.00)
$0.00
$71,04856
($71,048.56)
$0.00
$75,110.06
($75,110.06)
Page 1
$0.00
$0.00
$0.00
$748,812.44
City of Gem Lake
As of 0613012007
Sewer Enterprise Fund
Interim Financial Report by Object Code (YTD) 07/02/2007
Receipts:
Local SAC
Metro SAC
Residential Sewer Revenues
Commecial Sewer Revenues
Sewer Late Charges
Interest Earnings
Total Revenues
Other Financing Sources:
Sale of Investments
Transfers from other Funds
Disbursements:
Sewer Fund
Office Supplies
Operating Supplies
Engineering
Legal
Administration
Miscellaneous
MCES Charges
Locates
Financial Services
Repair/Maint-Contractual
Sewer Inspections
Sewer Flushing
Total Disbursements
Other Financing Uses:
Purchase of Investments
Transfers to other Funds
Beginning Cash Balance
Budget
Actual
Variance
$1,950 00
$0 00
($1,950.00)
$4,650 00
$0 00
($4,650.00)
$8,256 00
$9,640,60
$1,384.60
$38,872 00
$14,591 72
($24,280 28)
$750,00
$0 00
($750.00)
$100 00
$5,810 89
$5,710.89
$54,578.00
$30,043.21
($24,534.79)
$88,735.38
$5,000 00
$0.00
$12090
($120.90)
$2,500 00
$0.00
$2,500.00
$0.00
$7,941.10
($7,94110)
$0.00
$175-00
($175.00)
$5,000.00
$200.85
$4,79915
$100.00
$0.00
$100,00
$13,908 00
$6,954 00
$6,954.00
$1,000,00
$269 60
$730.40
$0.00
$1,845.00
($1,845.00)
$4,000.00
$0.00
$4,000.00
$3,000 00
$23,800 00
($20,800.00)
$8,000 00
$0.00
$8,000 00
$37,508,00
$41,306,45
($3,798.45)
$94,271,98
$0 00
$32,284.47
Cash Balance as of 06/30/2007 $20,484,63
Page 1
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Claims For Payment
CITY OF GEM LAKE
Period Ending: 7/17/2007
Signatures Approving Claims Date of Approval
Paul Emeott, Mayor
Chuck Watson, Council
Hutch Schilling, Council
Gretchen Artig-Swomley, Council
Tom Rasmussen, Council
Tom Kelly, Treasurer
Fund Totals 1 1 $ Amount
General Fund
20,134.62
Parks & Playgrounds
0.00
2004 Debt Service Fund
35,321.17
2006 Debt Service Fund
5,267,50
Street Improvement Fund
000
City Hall Construction Fund
60,394,00
Sewer Fund
1,83469
Total All Funds 122,951.98
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ROBB OLSON
LAW OFFICE, PLLC
Robb L. Olson
VM: 763-231-6202
Email: robbolson@wbllaw.net
Mark A. Mitchell
VM: 763-231-6203
Email: markmitchell a�*bllaw.net
July 2, 2007
City of Gem Lake
4707 Highway 61, 9253
White Bear Lake, MN 55110-3227
Dear City Manager:
4886 Highway 61 N., Suite 102
White Bear Lake, MN 55110
M,h 653-426-1533
Fax: 651-426-6732
Sandra L. Parker
Legal Assistant
Email: lawyers@wbllaw. net
Since the change over in the City with the replacement of Fritz Magnuson, I do
not know who to contact regarding prosecution matters. I left a phone message last week
on the City voice mail, but received no response.
My reason for attempting to contact the City is prosecution of a difficult and
expensive DWI case against Michael Hamer. According to witnesses, Mr. Hamer was
ad E
the driver of a vehicle that hit b o hercar �� theintersection
drovecoff. Hamer was apprehended
Highway 61. He appeared to very
about 35 minutes later, now as a passenger in the vehicle, passed out. He later tested .21
blood alcohol content on the Intoxilyzer. It is his second DWI offense.
There are two, difficult trial issues in this case, as follows:
!dent,
f+ �`i /`f Hamer. � S tiiGt it was his btc-tiict, nvt hits who
t_. .�.cn rn. r. Isar_�er ccn:t
and our witnesses will express
was driving the vehicle. His brother looks very similar,
some doubt at trial.
2. Impai__ rment. The test of .21 blood alcohol content was taken about three hours
after the accident; to have an open and shut case the test must be within two hours of
driving. The witnesses will testify that they spoke with Hamer and he appeared to be
very drunk, and he did rear end their car at about 5 miles per hour.
As indicated in the attached bill from my office, an evidentiary hearing regarding
the procedure used to identify Hamer was held on June 21, and I spent a lot of time
preparing for this issue. There were two witnesses and two police officers who testified,
and it took the better part of a day. Assuming we win on this issue, we will go to trial in
October. The trial will take at least two days.
Under my contract with the City, I receive $100.00 per hour for trial work. I
estimate that a trial and preparing for it would cost an additional $3,000.00 to $5,000.00,
trial takes. Hamer hired Steven Meshbesher, who is a very
depending on how long the
aggressive defense attorney.
I would appreciate it if someone from the City would contact me regarding how to
proceed in this matter.
Sincerely,
Robb L. Olson
Robb Olson Law Office, PLLC
RLO/sp
Page 2
City of Gem Lake
Hrs/Rate
Amount
6/19/07 RLO
Research re: motion on Hamer;
3.5 0
350.00
draft Memorandum Of Law in
10.0/hr
response to Hamer Jury Trial
Motion.
6/20/07 RLO
Draft memo on on Hamer for
.25
104.00/hr
425.00
Hearing.
RLO
Telephone conference wtih
1.50
150.00
wintess re: Hamer case;
100.00/hr
calls to Ramsey County Deputy
and Oakdale Police;
prepare for Trial.
6/21/07 RLO
Prepare for hearing;
.00
105.00/hr
500.00
calls to witnesses;
attend evidentiary hearing re:
Hamer at Ramsey County.
0.50
50.00
MM
Draft Hamer memo.
100.00/hr
85.00
6/29/07 RLO
Court Appearance
Attend Pretrial at Maplewood
for Molly Erickson.
85.00
RLO
Court Appearance
Attend Pretrial in Maplewood
for Vibol Khan.
For professional services rendered 22.00 $2,615.00
Previous balance ($125.00)
Balance due $2,490.00
WE NOW ACCEPT VISA AND MASTERCARD. PLEASE CALL 426-1533 FOR
DETAILS.
Rc'b Olson Law Office, PLLC
4 °6 Highway 61 N., Suite 102
W-te Bear Lake MN 55110
Invoice submitted to:
City of Gem Lake
4707 Highway 61 #253
White Bear Lake MN 55110-3227
June 30, 2007
Invoice #16492
Professional services
6/7/07 RLO Court Appearance
Travel to and attend
Restitution Hearing for Regnier
in St. Paul.
6/8/07 MM Court Appearance
Pretrial for Brian Risch.
6/15/07 RLO Research on Hamer case for Jury
Trial.
6/18/07 RLO Court'Appearance
Jury Trial for Hamer.
6/19/07 RLO Prepare for Jury Trial Michael
Hamer;
telephone conference with
Ramsey County Deputies;
phone conference with Oakdale
Police Officer;
telephone conference with
witnesses.
Hrs/Rate Amount
2.75 275.00
100.00/hr
2.50 250.00
100.00/hr
160.00
2.00 200.00
100.00/hr