Loading...
HomeMy WebLinkAboutRES 20042004 Resolutions Resolution Description 2004-01 Gem Lake A .p oinUnents :2004-02 Magnuson & Associates.— Ac4ninistration 2004-03 Enact Ordinance 82 2.004-04 Pr.Pr . eliminary-.Hjll.2g Farm Plat Approval 2004-05 Public Im rovements 2.004-06 Amendment to Resolution 1993-07 2004-07 Bond Reimbursement 2004-08 I-35E Corridor Management Stud 2004-09 Singh Ente rises Tobacco License 2004-10 Amendments to Resolutions 1993-07, 2004-06 2004-11 Public Improvements 2004-12 Consolidation of Public Improvement Projects 2004-1:3 Amendments to Ordinance 64 2004-14 Amendments to Ordinance 67 2004-15 Hillary Farm Plat Approval 2004-16 Belair Excavating Bid Acceptance 200447 O osition:to Hansen Detachment Petition 2604-18 Score Grant 2004-19 Launderville Towing Interim Use Permit 2004-20 Ramsey Count All -Hazard Mitigation Planning Process 2004-21 Bond Sale 2004-22 Vadnais Heights Joint powers Agreement Coun Road. E. 2004-23 Yadeau Subdivision 20.04-24 Bond Sale 2004-2.5 Order of Succession 2004-26 2005 Proposed Budget *2004-27 Snore Grant 2004728 Failed 2004-29 Country Lounge, Singh. Enterprises Tobacco License 20.04-3.0 Gem Lake Hills, County Lounge Liquor License 2004-31 Cafe Cravings Non-lntoxicatin Liquor License :2004-32 Country Lounge Gambling License 2004-33 2005 Fee Schedule ___; CITY OF GEM LAKE RESOLUTION NO.2004-01 20 January 2004 WHEREAS, the individi)als:and/or Onvanies identified below have: agreed to serve in the appointed positions identified forthe period. 01 .1aiu ary 200.4 to 31 December 2004. NOW THEREFORE BE. IT RESOLVED that the City.Couneil:ofthe City of Gem Lake does hereby make the following appointinwim 01) Actin Mayor (In The.Mayor's Absence) Me. Richard Basal: 02) CIi ief Building Official Me. Allen Zepper 03) BuildiAg.Inspectors Mr. Allen Z..epper;:Ms;Cindy Shilts. Mr. Jinn Manteutel 04). Plumbing.Inspector Mr. Allen Zepper 0) IS'FS Inspector (New Systems) Ms. Cindy Shilts 06) ISTS Inspector (Bi�Aztiival Inspections) Mr —Dale. Eklin [)?) Meclianical/1-IVAC Inspector Mr. Allen Zepper Ins) Electrical Inspector Mr.. Jim Manteufel, Sumtnit.tnspcetions 09 Weed Inspector Mr. Paul Emeott I (1) Assistant Weed Inspector Mr. Frederic Magnuson 11.) Septagge Administrator Magnuson. &Associates, LLC ll) Co-Znnin'g Adtttinistrator Mr. Paul Etneott 1.3) C.9=Toning Adtinistrator Mr. Frederic Magnuson U) Sewer Inspection/Maintenance Contractor City of Vadnais Heialits 14) Snow Plowing.& Sanding Contractor City of Vadnais Heiglit s 1,5) Co'niiiiuriity 1-lealth Officer Dr. Roland BKebak 16) City Prosecuting Attorney Mr. Douglas Meslow -171 City Attorney Mr. Thomas Newcomo III l g). City Cre�tsurei' Ms. Sarah Cobian 19) City Clerk Mr. Frederic Magnuson 2()) City 0i7ices, Administration &. Permit Administration Magnuson & Associates, LLC: '_ 1 y City 1317ginetrs Short, Elliott & l-leh&ickson. 22) City Planner Short, Elliott & Hendrickson :3) 01•171cial C:ityDeposit:ories Premier. Sank, Wliite Bear Lake 24) :O icial City Publication White Bear Press ?�) Naonina Commission Mr. Jack Iloescltier, Chairman Mr. Jim Lindner Mr. Derek Wippich Ms. Kathy Robins. Mr, Al. Becicka 26) City Recyclino Administrator Magnuson &Associated, LLC 27) City:Recycliilg Contractor E-Z•Recycling, Inc. 28) Law Enfiircement.Contractor Ramsey County Sheriff 2r)} Law Enforcement Representative Dr. Roland Birkebak. 311) lire & Paramedic Contractor Wliite.[3ear i..ake Fite Depattritent 31) C itv Code. Enforcement Magnuson & Associates, LLC 32..) Animal Control Officer Mr.. Frederic Magnuson .13.) Public Works Commissioner Mr. Jim Lindner 34) Ramsey County League of Local Governments. Mr. Paul R. Emeott (Mayor), Director 2004 Mr. Chuck Watson (Councilor); Alternate. 2004 Page 1 of .2 Resolution No. 2004-0I :ATTEST The foregoing resolution visas offered liy'Council Member Birkebak and was supported by Council Member Watson and \vas :l�:cYared fldopred on. a.unitni'mbu5robte of;the City Council. I, Frederic C. Magnuson, the ulyqualified City Clerk ofthe-CityofGem Lake, County ofitamsey, State .ofMinnesota, do here -by ierth.' that the. foregoing. Resolution is.a true and accurate representation ofaction taken by the City Council ofthe City of Gein Lake :cm tltc. Aare first writteu. Frederic C. Magnuson,.City Clerk ell Date e-file; tesoltitiotts�7-004iNo200,1-01 Page 2 of 2 CITY OF GEM LAKE. RESOLUTION N6.204028 20 January 2604 WHEREAS, the duties.of City Clerk. -Of the.:City of Gem .Lake. have draniaticaliy.expanded over the last ten years to include significant additional responsibility; and WHEREAS, tile. City.Clerk has over time perfornied.inany of these duties with only minor consideration of compensation; and WHEREAS,. therequirements of ihe.City Have changed and grown to include administrative and other needs beyond the ori;_inal scope of the City Clerk's respoisibiliti4m NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Gem Lake hereby. appoints Magnuson & Associates, LLC as an independent contractor to provide additional Municipal Management and Administrative Services: during the period 01 January 2004 through 3:1..December 2004 for fees as.described -in accordance with their proposal dated 20.January 2.0044 and.retroactive to 01. January 2004. The forego.ing.Resolution was offered by Council Member Bosak and was supported by Council Member NVgrsp t and was declared adopted based upon the.following_ vote: NAME -EM-EOTT WATSQN BIRIcEBA:K IGO BOSAK VOTE' Aye Aye Absent .Ihsertt Aye ATTEST 1. Frederic C. Magnuson, the duly qualified City Clerk of the City of Gem Lake, County. o€Ramsey, State of Minnesota, do hereby certify that the foregoing: Resolution is a true Arid accurate representation of action taken by the City Councii of the City of Gera Lake on the date: first writte». Fredenit: C.-Magnuson, City Clerk &-Ttif f eb COP Date i • w'f r c-flit: res6lutinn1200..4%no2o04 020 CITY OF GEM LAKE RESOLUTION NO.2004-03. 19 April 2004 WHEREAS, th.e City Council.adopted.Ordinance No..80 An Interim Ordinance Adopting A-Moratdrium For. The Purpose Of Protecting The. Planning Process And The Stealth, Safety And Welfare Of The Citizens Of Gein`Lake By Restricting And Prohibiting Sexually Oriented .Businesses on the 2.1." day of October 2002 and extended said Ordinance to -the 1.90 day of April, 2004 by .means of Resolution No; 2003-07 adopted on the. 27h day of October 2003; and WHEREAS, the Gem Lake Planning Commission has presented .Findings that indicate adoption ota permanent .ordinance are -hi the best interests of the community and it's property owners; and WHEREAS, the Gem Lake Planning Commission liar°presented for City Council consideration (Proposed.) Ordinance No. 82, An Ordinance R.epealing.Ordinance No. 80 And Providing ForThe.Location, Regulation, Licensing, Operation And.lnspitpction Of Adult Uses And Sexually Oriented`Businesses In The -City O.fGem Lake And. Penalties.For Violation:Of Said Regulation; and WHEREAS, the Gent Lake. City ,4ttorney has reviewed said (Proposed) Ordinance .No. $2. a$ to form and cotitent and re4ommended adoption and.implementation. KE$0Lvr,D. that the. City Council ofthe City of Gem Lake does by this Resolution order .adoption -of Ordinance No: 82 as presented with said Ordinance No 82 to be made effepdyo.and placed in full force and effect on 12:01 AM on 01. May 2004 following publication of it's summary in the Legal Notices Section of the White,Bear Press on 28 April*2004 and FARTHER RESOLVED, that.Ordinant:e No..80.shall remain in full force acid effect until R is repealed by Ordinance No: 82 at 12:01 AM on 01 May 2004. The foregoing Resolution was offered by. Council Member Sirkebak:and was supported by Council Member lgo and ryas: declared adopted .based upon the following vote: NAME EMEOTT 'WA 'SO4Y:.:.: 'BTRK>GBE1:[C: ICt7F . EiSAiF.; : r VOTE. Aye .Aye Aye Aye Aye ATTEST 1. Frederic C. Magnuson, tite duly qualified City Clerk of the Cityof Gem Lake, County -of Ramsey, State of Minnesota, do hereby certify that the forevoing..Resolution is.a true and. accurate representation ofaction taken by the.Cit:y Council of the City of Gein Lake on the date first written. i �i- o it .i � �•� `// Frederic C, iNagnuon, City Clerk ctertif ieb Dafc c-file: mo1utiooL00Atoo!604-03 CITY OF GEM LAKE, RESOLUTION NO.2004-04 24 May 2004 " Whereas, McNulty Construction and Hillary Fa"., LLC have submitted an application and payment related thereto for L subdivision of lands Hereinafter referred to -as Hillary Farm in accordance.with Plan 13 2.last revised on 29 April 20:04;:and; Whereas, said application has been deemed: complete by the City. Clerk. in accordance with the requirementsof Otdinalrce No. SS the "Subdivision Ordinance." and, Whereas, said application and attendant submissions. have been reviewed by the Genf lake Planning Commission, City Council, Zoning Aftinistrator,.City Engineer and City Attorney as well as the public at large. Resolve 1, on Motion by Councilor Watson-arld-Second by Councilor Birkebak to appirdy6 the Prelim inary Plat entitled Hillary Farm. Plan .8=2 as prepamd.by Anderson Engineering of Minnesota; LLC certified 29 April 2004 (the "Plat") together with a Ite.roninv of Lot 29 to R-3 kesidential (3.69000 s:f; minitnum)with final Plat approval and a Variance from the..R-1 Residential (10 acre minimum) lot size requirements as shown in Table A below, also effective with Final Plat approval, and consiniction of a municipal.sanitary server system for the entire project, all based upon the: Findings of Fact-Ontained Herein and subject to c:erialn Conditions of Approval also contained herein; is appro*dd -by the following. vote: NAME EIV EOT7' W#SON' I 'BIRKE A E IiGQ $QSAIK VOTE Aye Aye A ye Aye Aye FABLE A LOT # LOT SIZE VARIANCE L'OT# LOT SIZE VARIANCE. $ 2.52 acres 0.48 acres i g 2:09 acres 0.91 actes.: 4 2.59 acres 0.41 acres 19 2.00 acres: ! .00 acres 1.0 2:71 acres 0:29 acres •21 2.19 acres 0.91 acres 11 2.61 acres 0:39 Acres 22 2.51 acres: 0.49 acres: 12 2.2U acres: 0.80 :acres .23 1M acres 1.20 acres 13 2.23 acres. 0.77 acres •24• 2.62 acres 0:38 acres 14 L87 acres 1..13 acres 26 2.77 acres 0:23 acres I5 !.85:acres. 1,11 acres 27 2:31'acres 0:69 acres 16 2:03 acres. 0.97 acres :28 2.72 acres 0:28 acres 17 2.43 acres O.57 acres FINDINGS OE FACT 1. That the Variance from the 3 0 minitnutn-lot requirement for lots:shown in Table A cotrtinues to provide for an :average density of Lots I through 28 at or*nearthe 3.0 acre -minimutn.as an average given many lots are greater than tlie.minintum and is irecessary to address speeial needs. for providing City owned and operated sanitary sewer to- the entire Hillary Fartn.development based.upott the formal recominettdations of the Vadnais Lake Area Water Management Organization and the.City Engineer and a hardship would result if potential envirotrmental damage to the body:ofwater known as Gem Lake and its attendant waters. occurred'as part of the intense development -of -Individual Sewage Treatment Systems (ISTSs), ?: Tht unique character of the property requires variances so that valuable natural resources such as Gtm .Lake and various Wetlands on the property are protected beyond the..requirements ofCity Code; J. I'he. urantingofthe variances will allow the eve loperto maarttain the Bemis Estate.house which is important to.the character of the .community; - 1 - .. The granting of the variances will allow the developerto protect and preserve beyond the requiretnents of City Code natural. amenities such as trees and wetlands on. the property; 5. Ciq,,rquiredameiiitiessuch.,tspaths,.v i e wease in ent and op en spate require the -ranting of'variancesto alib*the reasonable developmen4 of the property; 6.. The City desires that: the prbject be served by.sanitary sewerwhich is not -otherwise a requirementofthe. R 1.7oning-district.. Without variances it is not reasonable to develop Ihe.propeity with sewer. 7. Thavoc.-Rezoningof.Lot.29:is consistent with the.zoaingofknmediatelyadjacentproperties britheWdstsideofScheuneman Road and..the entire east side: of Scheuneman Road. S. That.the creation of a private way within the developmemmaintained solely bythe benefitted residenisis consistent with the Comprehensive Plan, the Subdivision Ordinance and previous subdivisions approved within the City., 9, 'That the maintenancerequirements.ofa private way serving a large number of properties necessitate the inclusion 9(use and maintenance covenants in the declarations to be filed against the. property by the Developer.: 10. That the Mat is consistent .with the City's Comprehensive Plan .and addresses certain. unique and historical issues. relating to past subdivisions within and adjacent to the Plat. I I . That the.Developer in -concert with the Clem Lake Manning Commission, City Council and members of'the community.ltave, through their collective input and effort, created:a. subdivision consistent with the best interests. of the City. I I That the Developer's Agreement and Plan B-2 address,: in essence; the historical density, large lot dimensions, cluster consideration, and. envi.ronmental.preservation issues which further the City's. Comprehensive. Plan. Further resolved,. that the Getn Lake City Council. approves McNulty Plan &2 for Hillary Farm: upon .the. following understandings:arid agreements and. subject to the following conditions: 1. The Plat shall be subject to a.Declaration informand substaote.satisfactory to and approved by the City Attorney which shall be .filed Ior record with the County Recorder of Ran" County, Minnesota, immediately after recording of the Plat :(the "Declaration"). The applicable conditions described. below shall be. included in the Declaration. 2. All interioewetlandsshall.be protected by such buffers with peiinanentibariuinentsdelineating the boundary as required by the Watershed District permit. I. The scenic easement between Lots 6 and 7 shall be: maintainedbythe affected lot ownersand will not tie released except with. written permission of the HOA. The owner of Lot I shall have the right to specificaI ly enforce this. easement; .1. The road crossing in front of Lots 6. and 7 between the estate house and Gem Lake shall bebuilt as described in the:.0lans.or otherwise depressed so that the road itself cannot be seen.from across the lake. This restriction will not: screen cars that may be traveling on the road. 5.. The City Code shrill govern as to. structuresoallowed on the island adjacent to Hillary Farm tnaitiland. A. No access to the lake shall be granted to any non=riparjan locin the Hiflaty. Furn.addition. 7. Cohcretesurmountable curbs. asshown inthe pIan.sentitled B-2.Submittalprepared-byAnderson Engineering6fMtnneiota;. dated A.p.61.29. 2004 sheets* l through6 shall be required along the. road In.the areas in which drainage from 'the: -road can'be tapected to flow into interior wetlands so thatsuch drainage is.conducted first to.settling ponds. S. Alutninumorvinyl laps* Whig slialIbeprohibitedin. the HOAdocuments. Alum inurnorvinyl.may:beo"edfor fascia orsoffits. No.metal accessory.buildings shall be. allowed. 9. Ilie location of all structures owthe-lots-shall beIubject to City site piah*reView and approval: 10. All utilities serving the Plat shall be buried. - 2* - 11. The access easement serving Lot'-) shall be located so as to allow abutffer line.of trees along its easterly side- Such a buffer nnay be:supplemented,by trees from the tree bank created as describe.4 below. 12. An.onsite :tree bankwiil be created based upon the trees removed in the developtncnt in excess of the amount allowed by the City tree ordinance. and:ihe location of the plantings from the trec-bank shall be subject to approval by the City. l3.No phospltorous.tirtilizer as regulated by.state law shall be allowed to.be used within one -hundred (1t10') feet bfthe lake. 14. RequiterntJttts listed in -City Engineer'sreport dated 24 May:2004 shall be eohipliedwith except as addressed and.or modified by this Res011.16.0h. 15. Requirements listed in Zoning Administrator's.report sliall be complied with.except as addressed and or modified by this Resolution. l G...Entry monumentsat each entry shall be allowed as.subMittedwith subtle lighting as approved by the Zarting Administrator. 17. 13te.lots covered by note 5 on Sheet 6 shall be 2-7 rather than 9-13. 18. 'Tire internal road shall be-tweitty (20') feetwide -with a. shoulder:as:approved by the City Lngineer: 1.9. 'Outlet structures at all detention ponds shall be substantially covered on their sides by ground so as not to:be:obvious. 20. Hours of workshillbe lain to 7pm, .Monday through.Saturday; soith exceptions tit be.allowed under special citcumstances as determined by the zoning.q&4inistrator. 21. 'I lte.barii tray beremodeled:and used as a:sales.office and storage facilityduriq*the*.period of sales activity.Prior to. issuance af:a.demQlitIoil peni-i irfor the barn, ihe.Developer shall cooperate with the. City in*preserving.the building as a. historical. building. to be relocated to another site. 22. Building permits (but not. certificates of occupancy) maybe granted to the developer in advance of completion ofsewerand road work. Any construction .done by Developer prior to recording of rite: Final -Plat shall be of the risk of the Developee. 2 T'1re: Final ['lot shall include 20. foot *ide.sewer easement -for possible extension to serve property to -the northwest at location along a lot line between Lots 9 and 1-0. 4= Developer shall install a.four (4') foot wide blacktopped trail adjacent to the main roadway at selected locations to be. determined by Developer. 25, Oil the final Plat Developer sfial l dedicate .to the City a sewer easement.. in form acceptable to -the. City- Developer shall guarantee and cause any contractorwho does work on the sanitary sewer to.guarantee the,,vorkmansh ip 1nd materials ofthe seewor fora period ofone (1) year. All warranties. regarding the. sewer shall be: transferred to the :City upon transfer oftitle :to the sewer. 210. A Certil'icate.of Survey for each lotwith exactdlmensiotts ofthe*lot, the structures on. the lot, the setbacks to the established fiir each lot, the tree inventory, the. slab elevation and first floor elevation of the proposed house must be provided pt•.ibr to receiving a building permit on each lot, 27. No lot in the:Olat shall.be-further subdivided regardless of any minimum acreage requ irements contained in present or future City: ordinances. 23. The dty`s fees,.costs, disbursements' and reasbnableattorney's fees incurred in connection with project. -review shall have l?een paid in fii11 by the. Developer within thirty (3Q) -days of presentation to the Developer of ari inviolec-for said -costs; disbursements and fees. 29. -Developer shall complete any. utility work in. Sobeunernao-Road which is directly related to providing service to file project 30...Alf sanifAf.y sewer services shall be.approved by the. City Engineer. 31.. Occupancy permits shall not be issued until the installation of At least the. first of bituminous on the.permattent.street, and completion of, sewer, other utilities and curbs. 3 32. Developer's Engineer shall certify w the City that the.constraction of the sewer and other utilities and roads:*meet the i-eq uirements of the approvod-plaits and specifications upon completion and as a condition ofacceptance by the City ofthe sanitary sever. Developer will provide both hard she[l Mylar and. electronic "as built" plans for, the sewer system and shall televisettte sewer aftercompletion,g' ivingthe pictures and tapes to the City Engineerto confirm that thesewer has been. properly constructed. 33. Developer shall pay the cost of:the City Engineer to observe theconstruction of the.sanitary sewer withimtheHillary Farm I)evelopnitint to the a ient that the City Engineer deems.appropriate. Developer shall furnish the.City Engineer with a schedule of proposed operations.at least five, (5.) days. before the commencement of construction on each major phase of the project.. 34. Developershallnamethe.Cityasadditionalinsuredoncontractor'scommeroialgeneralliabilityinsurancq liciesastlteCity Attorney shall require. 3.5. TiTe Developer must proceed -with-the development:otthe*.praject.witljin-(J) year of approval of the Final Plat and the Developer niust submit the Final Plat for approval by the City within. six. (6) months after passage.ofthis Resolution consistent .ti itli:tlieapproved Preliminary Plat and Final Plat. requiremen#sorthe subdivision approval shall become.nuli and void l:fthe Final Plat varies sign ificantlyfront the PreliminaryPlat, then Planning Commission review.and comment and City Cbuttcil approval shall lie required. 36. Within sixty. (60.) days:after the final approva( by the City Council, the applicant must record the Plat with the County Recorder.of Ramsey Coutit}i, Minnesota, or the subdivision shall :become null and void 37. Construction perm its may be issued for iniprovementsonthis subdivisidhsitepriortofinal appr6,61itidrecord in.goftlie Plat, provided however the issuance bfsuch perniits and constritetioti of sudh. improvements shall be at the sole risk of the Devel.oper. ui the event final plat approval .is not granted. 38-. All utility-easeiiietits as sh6wn on the Preliminary Plat or as:approved by the City Attorney sliall be dedicated. 39 Final Plat approval is conditioned upon the installationand fundingof.sanitarysewer to serve the HiIlary Farm.developnient and adjoining property to the City's satisfaction along Sclieuneman Road. 4(}..Upon passage of this Resolution Developer shall withdraw all other plans..submitted.to the City*fgr*the development of the property. ATTEST 1. Frederic C. Magnuson, she duly qualified C:iry.Clerk of the .City;of.Gem Lake, County of-Rainsey, .State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by*the. City Council of-th6City of Gem lake on the date first written. x�- e. "/&crW404Z 24 Ary 2900 F IvredeAc C. Magnuson.:City Clerk Date &rtif leb Copt. e-file: 1esoluriom2tAW1nQ004,44 — 4: — .C.1TX OF GEM LAKE RESOLUTION NO.2004-05 24 May. 2004 A RESOLIiTI'ION OF THE CITY OF GEM LAKE, M.INNESOTA QDERING CERTAIN PUBLIC..I.MPROVEMENTS.. WHEREAS, the City of Gem Lake, Minnesota (.the "City") has received the request of McNulty Construclidn Company (tire "Developer") for the development of certain real property within the corporate limits of the City for*the purposes of coristr uctiitg a development of approximately 29 single family homes (the "Development"); and WHEREAS, the preliminary plan for.the Development is known as the Hillary. Farm Plan B-2.(the "Preliminary Plat''); and WHEREAS, the majority of the homes in. the.City currently operate septic systerns.and are not connected to the metro sanitary sewer system .and certain existing homes in the City have septic systems that are failing or willfail in the near future;:.and. WHEREAS, as part ofthe City's review and approval process forthe Development and the PreliminatyPlat; the City is -requiring that the Developer connect the homes in the Development to the metro sanitary sewer system; and WHEREAS, the main sanitary sewer line for the. Develop mentwiltbe.constructedunder Sc.heunernan Road and there are other homes in the.City abutting:Scheuneman Road that will benefit form -the earls[ruction.of.thc.sanitarysewer. line under Scheuneinan (toad and being connected .to the metro sanitary:sewer system; and WHEREAS.. the construction of the sanitary sewer system1or the. homes abutting Scheuneman Road leading up to: the Development.and in the Development is hereinafter referred to -as the "Impravenients"; and WHEREAS. Short Elliott liendricksop Inc. ("SEH"); as City engineer and consultant to the City with respect to *.the Iiiiprovemeiits,:has.prepared a Feasibility stiidy €or the -Imprbvements:and conducted other analysis related to the Improvements (the. "Feasib.ility .Report"); and WHEREAS, the City Council of the City of Gem Lake on this date held public hearings on the Preliminary Plat and the Improvements (the "Hearing" ); and WHEREAS. ten (10) days mailed notice and two (2) weeks published notice ofth"eaHng. was given to. affected homeowners acid tIe Developer and a reasonable estimate of the impact of. the assessmcnet for the Improvement was made available at -the Hearing; and WHEREAS, the Feasibility Repoftwtas:available for review at the Head .ng;-and WREREAW,.all affected hotrteowpersandpersonswhodesired tabo.heatd withrespeettothe proposed Improvements weregiven an Rppomw i ty to be heard. NOW, THEItEFORE, BE IT RESOLVED BY THE CITY .COUNCIL OF THE CITY OF GEM LAKE AS FOLLOWS: 1. The Improvements are necessary, cost-effective and. feasible. as described .in the Feasibility Repor i.prepared by SEH: 2. The total estimated Cost of.tlie1mprovements:is $600,000.. 3. The Improvements are bereby ordered. #,. S -31.1 is hereby designated as the engineer for the improvements: SEH shall prepare plans andspecifrcations for make of the Improvements. Kennelly & Graven, Chartered :is hereby designated as special counsel to the City with respect to the Improvements. The foregoing Resolution was offered by Councilor Birkebak and was supported :by Councilor Watson and was. declared adopted based upon the following vote: NAME EME0T:T VA"ON. 13IRKEBAK ;I b oOgA VOTE Aye rye Aye Ayg Aye ATTEST 1, FredericC.. M agnuson, the .duly qualified City Clerk of the City of Gem Lake; CoOrlty of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is.a true and accura*e mpresentation of actipp-lak-W bythe. City Cpuiicil.ofthe City of Genii La a on the date first written. v Frederic C. Magnuson, City Cleric �;erti fi..eb (�obu ©Ate' e-file: mWIu6opl2004,no2O04-05 CITY OF GEM LAKE RESOLUTION NO.2004-06 24 May 2004 / -A RESOLUTION AMENDING RESOLUTION NO. 1993-07 REGARDING GEM t. LgK;E'S PARTICIPATION IN RAMSEY COUNTY FUNCTIONAL CONSOLIDATION .OF ROADWAYS BY ACCEPTING CERTAIN PORTIONS OF THE: PROPOSED ROADWAYS' AND AMENDING THE CONDITIONS. OF' SUCH AN ACCEPTANCE,. WHEREAS The 1991 Minnesota: Legislature established a Ramsey County Local Government Serviees.StUdy Commission to `'report on the advantages and disadvatitages: of sharing, Cooperating, restructuring, be consolidafin$.:.":activities in. areas of public sery ice including public works; and WHEREAS; the Gem Lake City Council did, by.ineans of.Resblution-No. 1993-07 agree to accept ownership of.certaiji Ramsey County roadways in the City of Gem Lakesubject.to certain corididons: and WHEREAS, The consolidation plan, provides far reclassification of roadways and corresponding changes in jurisdiction including ihe-transfer of. local and State Aid roadWO)h : between the County:and municipalities; and WHEREAS, .&Iieti6eman Road (County Road 147) from Otter Lake Road to. Trunk Highway 61., Igcated in the City of Lein Lake, is�presently under (lie jurisdiction of Ramsey County as a County Road; and - WHEREAS, This roadway has been determined to serve a local. function only; and W 13 EREAS, Revocation :of "County Road" status may be accomplished by resolution of the Ramsey. County Bdard of C'.ammissioners-pursuant to.Minnesota Statutes §163.11; and: WHEREAS. It appears...to the City Council of the. City of Gem .Lake that the street hereinafter described. upon turnback. from .Ramsey County. should be designated a City Street tinder the provisions of Minnesota Law; and WHEREAS. The. consolidation plan stipulates:that Ratnsej Cduntyshall improve* the roadway to acceptable levels prior to ttatis.lerriiig jurisdiction over roadway segments from Ramsey County to municipalities, and the Ramsey County Capital. Improvement Program provides funding for these iiriprovemertts; and WHEREAS; The. City`df Gem Lake desires to reconstruct Scheuneman Road from Otter Lake Road to Trunk Highway 61 ,and 'tund' the reconstruction project with Municipal State Aid Street.sourees, and $170,000* from Capital Improvement -Funds tot- Ramsey. County:Roadway Consolidation; Now, .Therefore, Be it RESOLVrD, The -City of Gem Lake does hereby concur.with the Ramsey County Board dComniissioners revoking tiie -county Road"status of Scheuneman Road (CountyRoad 147) from.Qtter.. Lake. Road -to Trunk Highway kl., and. transfetring jurisdiction over this roadway to the City of Gem Lake, effecfivc after the Ramsey County Office .of- Budgeting and Accotent'iel; It3s encumbered the funds necessary to fund this. reconstru project, and. atter the. County is.in receipt of art adopted resolution from the City ofGem. Lake concurring vvith.tlte. County revoking the "County Road" status of Scheuneman (toad ft-om Otter Lake. Road to Trunk Highway 01.; and. Be It. Further RESOLVED, That the County «rill pay to the City as just compensation for this jurisdiction transfer. V70 000* for.the reconstruction otthis segment of Scheuneman Road; and Be It Further RO.SOL'VED, The Gem Lake City Clerk: is authorized within the limits of this resolution to. take actibns neeessaryto have. the identi.fied,jurisdiction cliange. executed; and Be It Further RrSOLV.ED, The City Of Gem Lake recognizes that addifioiiaf consideration of other Ramsey County roads originally inelitded.as part of Gem Lake's Resolution No. 1993-07 remain subject to terms and.conditions as previously established and as.may be modified by the City Council in the future. "This aniounl is a.prelimittaty. estimate The foregoing Resolution was offered by Councilor- 1Natson and was supported by Councilor Bosak acid was declared adopted based upon the following vote: NAME RIVIEOTT: WATS"ON...:`.::; `;:::BTItI{);BAK.. )C�,' ... ..:. BUSAK:, VOTE Aye .Aye Ayc' Aye Aye ATTEST 1, Frederic (:..Magnuson, the duly qualified City Clerk of the -City. of Gom Lake; County of Ramsey, State bf Minnesota.. do. hereby certify that the foregoing Resolution is a true and accurate.-Yepreseittation of action taken by the City Council.of the - City of Gent Lake on. the date first written. Frederic C..Magnuson, City Clerk tr vuxrtif ieb Co�B Date e-file: resolutioiit3004\iio2OO4-06. CITY OF GEM LAKE RESOLUTION NO.2004-0.7 24 May 2004 RE$OL VTiON 61RCLARING THE OFFICIAL INTENT OF THE CITY OF. GEM LAKE, M[NN'ESOTA TO REIMBURSE. CERTAIN ORIGINAL EXPENDITURES FOR GOVERNMENTAL PURPOSE& FROM 'THE PROCEEDS OF TAX- EXEMPT BONDS TO BE ISSUED BY THE .CITY OF GEM LAKE, MINNESOTA :AFTER THE. PAYMENT OF.S.UCH ORIGINAL EXPENDITURES WHEREAS, Treasury Regulations, Section 1.150-2- (the "Reimbursement Regulation"), promulgated pursuant to Section 15.0 of the Internal Revenue: Code of 1986, as amended (the "Code"), provides that the allocation of the proceeds of tax-exempt bends to. expenditures for governmental .purposes originally paid.from a source other than such tax-exempt bonds wiil lie treated as expenditures of such tax-exempt bonds only if certain requirements of the Reimbursement Regulation are satisfied by the issuer of such tax-exempt bonds; and WHEREAS, the City of Gem Lake, Minnesota, a statutory city iihd apolitical .subdivision of the State of Minnesota. (the'"City"),;expects to ,incur .certain original expenditures for governmental purposes to be financed tempoiaiily'from sources other than: the proceeds of tax-exempt bonds and which are expected to be reimbursed from the proceeds of one or more series of tax-exempt. bonds; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEM LAKE AS FOLLOWS: 1. 'rhe City has a reasonable expectation (within the meaning of Treasury. Regulations, Section i,143-1(b)). that it will make expenditures for:the-pm generally described in EXHIBIT A attached to this: resoltttiott (the "Projects"): "he City itas a reasonable expectation-tbat it will issue.one��or more.series of tax-exempt bonds (the "Bonds.") for:each ofthe Projects in the.estimated -maximum princjpal-amounts set forth in EXHIBIT A and that: it will.make: reimbursement allocations. Nvith.respect to such original expenditures fromAle.proceeds ofsuch Bonds.. 2. The City .Clerk is authorized to.designate appropriate.additions. to. EXHIBIT A. in circumstances where time is of the essence, and any;such designation shall be reported :to the Council at the earliest practicable date. And shall be fled »with the official books. and records of the City as. provided in.Section 3. 3. This: resolution shall be maintained.6s part of the books and records of the City -at the main Administrative 0-ice. of the City; and shall be continuously available during normal business hours of the. City :on every`business day of the period beginning not more than. thirty days after adoption of this resolution and ending on the last date of issue ofatiy Bonds issued to reimburseexpenditures described in EXHIBIT A. 4. This resolution has been -adopted.not later than sixty (60) days after payment of any original expenditure to. be subject to a reimbursement allocation with respect to the proceeds of Bonds. S. All reimbursement allocations with respect to cite Bonds will'be made not later than eighteen.,(]8j months .af er,the later of.. (i) the date'the original expenditure is paid; or (ii) the date the Project is placed in service or abandoned, but in nci event more.thau three (3) years:after the original expenditure. 6. All original expenditures to which reimbursement allocations are to be. made constitute: (i) capital expenditures; (ii) costs of issuance of the Bonds; (iii) expenditures for extraordinary, nonrwprring items that are not. custornarilp payable from current revenues, such. as.cas.ualty losses or extraordinary legal judgments In amounts in excess of re:rsortiable..irtsurance coverage; and for whictv no reserye:.is maintained; or (iv). a...grant. (as defined in Treasury Regulations; Section L ] 4&6(d)(4), as a transfer fora governmental purpose of money or property to a transferee that is nor a :.related party to or an agent.of the transferor with.respect to which no -obligation or condition is imposed to difiectly or indirectly repay any amount to tht: trp*iiirox), 7. The limitations set forth in paragraphs 44*and 5 of this resolution do not:apply to: (i) the costs of issuance of the Bonds; (ii) ati amount not in .excess of the lesser of SI00,000 or five percent (5%) of :the proceeds. of the Bonds; or (ih) preliminary e\pendititres up to an amount not .in excess oftwbi ty percent (20°fo)'of the aggregate issue price of.tite Bonds.that finance. or are reasonably expected by the City to finance the Projects for which the preliminary expenditures were incutTeii. 1-he term "preliminary expenditures" includes architectural, engineering, surveying, soil testing, reimbursement bond issuance;. and similae costs that are incurred prior to cominenceinent.of.acquisition, construction, or rehabilitation of a Project, otherrthiia -land acquisition, site preparation, and similar costs incident to commencement (if construction. 8. This resolution is an . expression. of the reasonable expectations of the .City based. on the. facts and circumstances known to the City -as of the date hereof.. The anticipated original expenditures for the Projects set forth at EXVIIBIT A. and the principal amount of .the Bonds set. forth in EXHIBIT A are consistent with the City's budgetary and linancial c.ircurnstances. No sources other than proceeds. of Ponds, to be issued by the City are, or arereasonably expected to be, reserved, allocated on a long-term basis, or otherwise.set aside. pursuant to the :City's budget or financial policies to pay Such Project expenditures.. 9. l his resolution is intended to constitute a deciaration of official intent for purposes of the Reimbursement Regulation. 10. Noreimbursement allocation of the proceeds'of a Bonds W*Project expenditures will employ an abusive arbitrage device (within the meaning of Treasury Regulations,:Section IA 48;- 10) to. avoid the *arbitrage restrictions or tb-avoid the restrictions of Sections 1424of the Code. The foregoing Resolution was offered-by*Coun0or lgo"and was supported by Counciior Bosak and was declared adopted based upon the foljbwing vote: N:AML CMEO17'' V1�AT$QN'. $Ii�iCEB; Aq BbSAK VOTE Ave Aye- Aye Aye Aye ATTEST 1, 1=rederic..C.. Magnuson, the duly qualified City Clerk of the City of Gem Lake, County of Rairisey, .State df Minnesota, do hereby certify that the foregoing Resolution is a true and accurate. representatiop of action taken by the City Council of the City of Gent Lake on the date first written. Frederic e. ragnuson; City Clerk (aE190-0103wi) 2496400 �Cerii eb CopB Date e-file: resoliftion',22O04,io2004-07 1- CITY OF GEM LAKE. RESOLUTION NO.2004-07 Jv EXHIBIT "A" PUBLIC IMPROVEMENT PROJECT 2004-01 24 May 2W4, Resolution .No. 2004-05. installation. of Municipal Sanitary Sewer.pursuahuo Minnesota Statutes:, Chapter 429. The sariitary-sewar would be constructed along and in the right -of --way of Scheunttttan Road commencing at it's intersection with Kahl Cittle and :thence southerly .approximately 2,100 feet to a point adjacent the south entrance to. Hillary Farm, located. at 384.1 -Scheuneman Road. The :area proposed to be served and assessed is all real property with addresses from 3841 Schouneman Road through 4031 Scheuneman Road and 4030 Scheuneman Road (Gent Lake. Hills Golf Course). The estimated cost. of the iirtprovement is $600,000. A: reasonable estimate of the impact of the itnprb. cement and assessment xvas mode availablt;.ata public hearing. 21 June 2004, Resolutions,No. 2004-I1 and No. x00412 Installation of Municipal Sanitary Sewer pursuant to Minnesota. Statutes, Chapter 429. The sanitary. sewer would �.e- e Uttscructed along .and in the right-of4ay of Scheunetnan Road -commencing at it's intersection with Kalil Circle and thence northerly approximately 1.000 feet to the point of intersection of:Scheunernan. Road and Otter Lake Road. Thee area proposed to be served and assessed is. all real property with addresses from 4076 Sehetinentan Road through 4I40 Scheuneman Road. The estimated cost of*the.. improvement is S20.0,000. A reasonable estimate of the impaet-of the improvement and assessment was.made available ata public.hearing. .4- CITY OF GEM LAKE RESOLUTION NO.2004-08 24 May 2004 A RESOLUTION AUTHORIZING PARTICIPATION IN THE COST SHARING. OF CONSULTANT SERVICES TO THE ONGOING 1-35E CORRIDOR MANAGEMENT STUDY. WHEREAS, the. City of Gem Lake has partially Ainded'and participated in the multi: jurisdictional study of the I-3 6 Corridor: and WHEREAS, the CityofGcrn Lake.has cornibitted to coritiriue.participation as a member in the I-ISE:Corridor Management. Team; and W H EREAS, the Coirri&t Manag.ementTeain will continue to coordinate -the ongoing balanceof land use and transportation within .the 1-3 5l ; Corridor,, acid WHEREAS, continued consultant services will be required to -assist the Corridor.Managentent Tearn- and WHEREAS, SEH, Inc. has: prepared a,scope ofserviees to provide such assistance at a cost to the members in 2004 not to exceed $4.500 rile budgeted .operations:: and WH EREAS, the Corridor Management Team has proposed -cost sharing contributions from the participating local units of government as follows- the city of Vadnois He.iglits @ 25. Vo; thg.City of White Bear. Lake@ 25.00/6; White Bear.Towttsliip at?5.0%;.North Oaks is 8V/U : and Gem. Lake @ 7.0%; and WHEREAS, Minnesota Department ofTransportation; Ramsey County.and the Metropolitan Council have agreed to provide in -kind planiring and technical services:and projectcoordination through.the:course of study. NOW THEREFORE BE IT RESOLVED:that the City Council of the -City of Gem Lake agrees to. contribute. funding an amount.not.to exceed $315.00. for consultant services from SEH, Inc. for the ongoing 1-35E Corridor Management. study. ATTEST The foregoing re§dlution was offered by Councllor Igo add was support9dby Councilor Watson and was declared adopted. on a unanimous rote oftheCity Council. 1; Frederic C. Magnuson, the qualified Giry Olerk of the City of.Gem Lake, Cougty of Ramsey,.State: of Minnesota;.do hereby- c:crtily:that the foregoing Resolution is a true and acourate representation ofaction.taken by the CityCouncil dthe City of.Gem.Lak on the date first written. i Frederic.C. Magnuson, City Clerk Urtif leb CoN. Date c-tile. rmlutiuitis' )OOUl1No2G0i-ijg. CITY OF GEM LAKE RESOLUTION NO.2004-09 24 May 2004 WHEREAS. Singh Enterprises, d/b/a l4offinan Corner Oil (HCO:), has�applied.for a Retail Tobacco.Pcoducts Resellers License for the period 06 April 2004 through 31 December. 2004; and WH EREAS, saij. applicant has been similarly licensed in.prior years in.thfr City. of Gem Lake, and WH ERFAS, said applicant operatedthe establishment with no incidents. during 24O;--an4 WHEREAS, the State OfMinnesota has enacted legislation, reference Chapter227 / H.P.. 117,requiring local units.:ofgovernment to estabiish,,or update local ordinances regulating retail tobacco salesand.ptoyiding for.compliance checks; the cost ofwhich.shall. be born by the licensee; and WHEREAS, the City lips a Tobacco Compliance. Ordinance No. 68 which became effective 28 February 1998. NOW THEREFORE BE 'IT. RESOLVED that the City Council of the City of Gem Lake does hereby approve renewal of the a RETAIL T013ACCO PRODUCTS RES.ELLERS LICENSE.to Singh Enterprises, d/b/a. Hoffman Corner Oil (HCO) for.the period 01 April 2004 through 3l December 2004,-,and- BE IT FURTHER RESOLVED thaf"theCity retains the right of revocation at any time in the event of violafion of'StateJaws. or City ordinances regarding the retail salt oftobacco.products. The lbregoing. Resolution was .offered by Councilor Igo and Nvas supported by.Coypellor Birkebak.. and Was declared adopted Based upon the following vote: NAME ENEOTT WATSON VOTE Aye Aye -A.ye- Aye Avc ATTEST I., Frederic C. Magnuson, the duly qualified City Clerk:of the City of Gem Lake, County. of Ramsey, State of Minnesota;.do hereby certify that the foregoing Resolution is*a true and accarate-representation of action taken by the .City Council of theCity of -Geri Like on the date first written. i i i Frederiei:. Magnuson, City Clerk Date e=tiie:.resokrtion12004:imi2004-09 CITY OF GEM LAKE RESOLUTION NO..2004-10 14.July 2004 } A RESOLUTION AMENDING RESOLUTIONS NO. 1993-07 AND NO. 2004-06 [ry REGARDING GEM LAKE'S PARTICIPATION IN RAMSEY .COUNTY FUNCTIONAL CONSOLIDATION OF 'ROADWAYS BY ACCEPTING CERTAINPORTIONS OF THE PROPOSED ROADWAYS AND AMENDING THE CONDITION3OF SUCH ACCEPTANCE. WHEREAS, The 1991 Minnesota*Leggislature established a Ramsey Coiinty Local Government Services -Study Commission to -"report on*the.advantages and:disadvantages ofsharing, cooperating. restructuring, or consolWtirie..." activities in. areas of public servlce including public. works, and WHEREAS; the Gdm Lake City Council did- by means of Resolution No: 1.99347 agree to accept ownership. of certain Ramsdy County "roadways irrthe. City of Gem Lake subject to certain conditions: and WHEREAS, The Ptinctional Consolidation Plan provides for reclassification of roadways and corresponding changes in _jurisdiction including the transfer of local and State Aid roadways between 1bg County and municipalities; and WHEREAS, Scheuneman Road (County Road. 147) from Otter Lake. Road to Trunk-kiighway 6.1, located. in; the City of Gem Lake, is presently under the jyOsdiction of Ramsey County as a County Road; and WHEREAS, ' ws roadway has-been determined to serve -a local function only; and WHEREAS. Revocation of "County Road" status may be accomplished by resolution:.of the Ramsey County Board of Commissioners pursuant to Minnesota: Statutes § 163.114 and WHEREAS. It appears to the City Council ofthe..City of Gem Lake that: the street hereinafter described upon turnback from Ramsey County should be designated a City Street:under the provisions of Minnesota Law- and j' WH EREAS, The Functional Consolidation Plan stipulates that. Ramsey County shall improve the roadway to acceptable t. levels .prior to transferring jurisdiction over roadway segments from Ramsey County to municipalities, :and t1tc..Ramsey County Capital. Improvement Program provides funding for theseimprovements;.artd WHEREAS, Minnesota Statutes §383A.16 requires that i�amsey County shall, before transferring jurisdietian over roadway scy�siients, improve each highway to a condition consistent with -a Ramsey County pavement management score of ninety; and VV H F KEAS, The City of Gern Lake desires to reconstruct -Scheune rnan Road; from .Otter .Lake .Road to. Trunk Highway '6l and fund the .reconstruction project with Municipal sources;-alyd up to $170,000 *from. Capital .Improvenlent.Funds for.. Ramsey County Roadway Consolidation; and WHEREAS. The..City of Gem Lake has agreed that .by accepting this jurisdictional transfer and receipt of tip to $170,000 for the reconstruction :of :this.. segment of Seheuneman Road from Capital Improvement Funds for .Ramsey County Roadway Consolidations .that Ramsey County has fully discharged its obligations. to the City arNingitnder Minnesota Statutes §.§163.I.1 And 383A. 16 and the Functional Consolidation Plan, and that it has no expectation of funding of the ongoing maintenance of this segment by Ramsey County; Now, Therefore; Be It RESOLVED, The City of"Gem Lake does hereby concur with the..Ramsey County Board of Commissioners revoking the. "County Road" .status of*Scheuneman Road.(Coudiy Road 147) from Ottet Lake Road to TNnk Highway .61, and accepts tr<uisfer of jurisdiction over this roadway to tha-City of Gem Lake, effective after the Ramsey County Office of Budgeting and. ,Accounting has encumbered the funds necessary to fund t:his:reconstruction project up to.$170,U00;.and Be It Further RLSOLVF.D,. The County shalt transfer it's interest in.the..poblic road right-of-way and road easements to the City of Gem' Luke i'or the delineated roadway it currelitly holds; an4-13e It-170ther RESOLVED,. This transfer is; conditioned upon receipt by Ramsey County of this .resolution adopted by the City.of Gern Lake cpncurring with: the.County revoking the "County Road." status of Scheunerian Road from Otter Lake Road .to Trunk Highway 61, and further providing that receipt of up to $170.000 for the reconstruction of this segment from Capital Improvement. Funds: for Ramsey. County. Roadway Consolidation that Ramsey County has :fully discharged Ramsey Count 's obligations 1o.'the City arising under Minnesota Statutes §§163.f l- atid 383AJ6 and the Functional Consolidation Plan relative to this segment of roadway; and-thk the City of Gem Lake has no -expectation of funding of the.ongoing maintenance of this segment ofroadway by Ramsey County; and Be It Further 111iSOLVED, That as just compensation for this jurisdictional transfer, the. City shall receive payment from the.Gounty up -to $170,000 upon presentation. of.billings. from the coastrueiionr.00ptractor(s) for the reconstruction of Scheuneman Road, :and that. upon receipt of the: billings, the City shall receive reimbursements from the County in accordance with Minnesota State Statute 471..425; and Be It Further RtS.OLVEIU,that upon receipt of this resolution Ramsey County will pay to the City as justcompensation for this Jurisdiction transfer, up to &J.70,000 for 'the reconstruction of this:seginent; and Be It Further RESOLVED, The --Gem Lake City Clerk. is authorized with idthe .limits.ofthis resolution ten tak&actionsbeceessary to have the identified jurisdiction change executed; and Be It Further RESIOLV FD, The.Cff -Of Gem Lake recognizes that additioniiVeonsideration of other Ramsey County roads originally included.as.part of Gem Lake's Resolution No. 1993-07 remain i bJ -to terms and conditions as previously established and as may be modified by the.City Council fin the*future. The foregoing. Resolution was.offered.by Councilor.Watsop and was supported :by Councilor Bosak and was declared redopted based .upon`the-following vote; ;NAME` EMEOTT WATSON : 131RKEBAK IGO BOSAIC: VOTE Aye Aye Absent Aye Aye ATTEST [, Frederic.C. Magnuson, the: duly qualified City Cleric oftheCity.of Gem Lak6, County, of Ramsey, .State of Minnesota, do hereby, certify that the foregoing Resolution is a true and accurate:. representation df action taken by the City Ceti cif of tha City of Gem Lake on the date first written, Frederic C..Magnuson, City Clerk (Tertif eb toN Date. e=rile: repolutioM2004�49W-10 'CITY ()F GEM LAKE RESOLUTION 'NO.2094-11 21 June 2004 RESOLUTION OF THE CITY OF GEM LAKE, MINNESOTA ODE RING PUBLIC IMPROVEMENTS WHEREAS, the City of*Getn. Lake, Minnesota (the "City') has. received the request of.McNulty Construction Company ((lie "Dev.eioper") for the development of certain real property within the corporate .limits of the *City for the purposes of constructing a development of approximately 29 single family !tomes (the "Development"); and WHEREAS, the preliminary -plan for, ft-Development.is'known as the Hillary Farm Plan. 6-2 (the.."Preliminary .Plat'); and WHEREAS, (lie majority ofthe.homes in:the .City purrently operate septic systems and are not connected to the.metro sanitary sowgr system and certain existing homes in the City havo.sqpticsystems that are failing or will fait. in the near future; and WHEREAS, as part ofthe City'sreview and approval. process for the. D.evelopmentandthe Preliminary Plat, the City is requiring that the Developer connect the homes .in the..Dovelopinent to the metro sanitary sewer system; and WHEREAS, the main sanitary. sewer line for the Developntenhvill be.constructed under Scheunetnan Road and there are other !tomes in the City abuttirigScheuneman Road thatwill benefit form the construction of the sanitary sewer line under Schetineman Road and beitig connected to the metro sanitary sewer system;. and WHEREAS; the consfrudticin of the sanitary sewer system for the homes abutting-Scheunetnan Road leading up to. the Development and in the.Development is hereinaRer referred to as the "Original*Pcoject";-and WHEREAS, in addition to the homes benefited by th.e.0riginal. Project there -are economies ofscale by also constructing s..anitary server iittprovements,,liereittafterreferredto asthe`ilmprovements," for additional homes abutting Scheuneman Road commencing K"... at tile: intersection with Kahl Circle and thence Itortherly approximately i.,000 feet to the intersection of Schetmeman and Otter Lake Roads: and NV HEREAS,. Short Elliott Hendrickson Inc. ("Sl I""� as. City engineer* and. consultant to the City with respect. to the. Improvements, has prepared a feasibility -study for the Improvements and coiaducted. other .analys'l�related to`the.1mpFovements (tile `°Feasibility Report"); and. WHEREAS, the City Coun6l..*iofthe City on -this *late held a public heating on the Improvements (the "Hearing% and W H 9I2EAS, ten.days mailed notice and twia weeks published notice -of the Hearink:was.given to homeowners affected by the proposed hnproventents and a reasonable estimate of'the impact ofthE*assessmenet for the Improvement was available at the. 1-4earing; and WHEREAS, the Feasibility Report for (lie. Improvements was available for.review at tile. Hearing; and WHEREAS, al I affected homeownersand persons Who desired to: be heard withrespectto the.proposedImprovement5weregiven :tut opportunity to be heard. Now;: Therefore Se It RESOLVED, that the City Council of the City of Gem .Lake does hereby acknowledge and order as folio ws:: I. The Intp.rovements are necessary, cost-etTective and feasible as described in the Feasibility Report prepared by SEH.. 2, The total estimated cost.. of.the lm.pro.vements. is $600,000. 3. The improvements are hereby ordered. 4. $FH is Hereby designated asAie.enginogr for -the Improvements, SEH .shall prepare plans and specifications for make. of the Improvements. Kennedy & Graxen, Chartered is hereby. designated as special: counsel to the City with respecf to: the Intproveinents. The foregoing Resolution was offered by Council Member Igo.and was supported. by Council Member »osak and was d6clared:adopted based upon the following vote. NAME. EMEOTT WATSON BIRKEBAK 'IGO VOTE Aye Absent Aye Aye. Aye ATTEST- 4 FredericC, Magnuson, the duly qualified City Cletk ofthe City*ofGem Lake, County of Ramsey, State of Minnesota, do hereby certify that:tlte foregoing Resolution is a true attd accurate represetitatigit .of action taken: by the City C.Wncil of the City orGem Lake.on.the datefrst written. Frederic .C, Magnuson, City Clerk {Tertifieb ICLL.4B ,21 �OOk Date c-tile: res(AA6at[1(lo41no2004=1 I CM(OF OEM LAKE RESOLUTION NO.200.4-12 21-June 2004 RESOLUTION OF THE CITY OF GEM LAKE, MINNE90TA CONSOLIDATING CERTAIN IMPROVEMENT PRO.IECTS WHEREAS,the City of Gem lake.(the "City") previously instituted proceedings for the following public improvements:. (a) Pursuant to. Resolution No. 2004-05 adopted by the .City .Council (the "City Council"j of the City on May 2.4, 2604 (the. "Resolution 200.4-05"), the City ordered sanitary sewer improvements (the "Original 2604 Improvements") for homes abutting.Sch.eunetnan Road 'leading up to a single. family residential development to be. constructed by .McNulty Construction (tlie "Development")and in the Developmettr, and (b) Pursuant to Resolution*.Nq. 2004-I l adopted bythe-Cfty Council o -the date hereof(('Resolution*20.044 1"); the City .9rdered. sanitary sewer improvements for homes. al �gtting.'Scheuneman Road commencing.at the.intersection With Li?ahl Circle and thence northerly approaunately 1.000 feet .to- the intersection of .Scheunemon -and .Otter Lake Roads (the "Additional 2004 Improvements").; and WHER EAS,the City Council held an improvement hearing for the Original.20.04 lmprovetnents on May 24, 2004 priorto adopting Resolution 2Q04,Q51hat ordered the irtiprovements described as the Original 2004 Improvements; and WHEREAS,the City Council held an .improvement hearing for the Additional: 2004 Improvements on the date hereof prior to adopting Resolutiop 2004-11 that.ordered the improvements described as the Additional 2004 lmprovements and WHEREAS,th(rCity .Council lias:'detennined that the various components of the Original 2004 ttitprovetnents and the Additional 2004 Improvemetwinay be more economically completed if consolidated and joined as one project, as authorized under Minnesota Statutes, Section*435:56, as amended: Now. Therefore Be it RESOLVE F) hat the Cite Counci[:of the City of Gem Lake acknowledges and orders. as follows: l: The Council hereby consolidates and joins -the Original 2004.1 rrtproyements and the: Additional2Q04 Improvements as. a single consolidated project for all:purposes under Minnesota Statutes, Section 435.56, �as amended; and Chapter 429, as amended. 2. All proceedings in connection with each component of the Original 2004 improvements and the Additional 2004 Improvements shalfbe deemed instituted and conducted.as.one proceeding. 3. The project consolidating the Original 2.004 Improvements. -and th4 Additional 2004 improvements is designated as the: "Public.lmprovement Project No. 2QO4-01". The :foregoing Resolution was offered by Coumit Winter akkebak.and Was.supported by Council Member Igo and Was declared adopted based upon :the following .vote, NAME: EMEOTT WATSON BIRKEBA..K . ]GO: BOSAK .:::'`':` VOTE. Aye. Absent Aye Ayr Ayr AT`i'l'.ST I, Frederic C. W gnuson, the duly qualified City Clerk of the. City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution:is a Vue and accurate representation of action taken by the City Counei.I of the City oWenr Lake on the date first written.. Frederic C. Magnuson, City; Clerk &tti f ieb Vp-M Date c-Pile: rcw1ution,2004\ao2004-12 CITY OF GEM.LAKE" RESOLUTION NO.2004-I3 14 July*2004- RESOLUTION OF THE CITY. OV GEM .LAKE, MINNESOTA. AMENDING ORDINANCE NO. 64 AND ORDERINd THig ENACTMENT OF SAID AMENDMENTS. WHERFAS,the-City of:Gem Lake. (the "City") previously instituted proceedings for the f`ollo ing.public improvements: (a) Pursuant to Resolution No. 2004-05 adopted by the Ciry Council (the '`City Council") of the City on May 24, 2004 (the "Resolution 2004-05"). the City ordered sanitary sewer improvements (ilie. "Original 2004 Improvements") for homes: abutting..Scheuneniaii Road leading up to a single family residential development to .be constructed by McNulty Construction.(the "Development") and in -the Development; and N Pursuant to Resolution No. 2004-11 adopted by the City Council on the:date:liereol'("Resolution 20()4-I 1"), the City ordered satiitttry sewer.improvementsfor homes abutting Scheuneman.Road commencingat the intersection with Kahl Circle and thence. northerly approximately 1.000 :feet to the- intersection of Scheunemati and Otter Lake Roads (the "Additi4Rial 2904 (niprovements") and. W H E R EAS,the City Council held. an improvement heai`ing. fozrthe Original 20041itl0mvemeitts on May 24, 2004 prior to adopting Resolution 2004-65 that. ordered the improvements described as the fJrigina12004•1niprovertienw and ViWI4.EsREAS,the City .Council held an improvetnent.hetfinig for the; Additional 2004 Impr6venients-:on4he date. hereof prior to adopting Resolution 2004-E 1 that ordered tite improvements descrited astlie Additiona12004 Improvements; and WHEREAS,the City Council has determined that the various coMponents bf the:Original 2004improvements. and the Additional 2004 ltiiptovenients.niay.be`tiiore*economically completed if consolidated and joined as one project, as authorized. under Minnesota Statutes, Section 435.56;.as amended; and WHEREAS no written Public litiprovenient.Policy has-been adopted b..y.the City and the addition and amendment orcertain terms in 0tdinance No. 64 would p,mvide-a more equitable allocation of costs ofthe. project to. the beneftted property owners; and W1415REAS a properly noticed'Public Hearing has..been held on.the matter and the results:o(saidliearing have been duIyconsidered �tilong with a Stittement.ofNeed and Findings ofl=aet.Now, .Therefore Be It. RI:sOLVED;tf,at tlie.Ciry Council of the:City of Getn Lake acknowledges and orders incorporation ofproposed amendments and rtdditions.to Ordinance No. 64b in accordance with City Staff, and:Pia..nning. Commission recommetidatibbs atid..orders itnniediatt.. enacunent .of the ordinance to be xitled as Ordinance No. 648; :and Be It. Further RESOLVED.. that the City Clerk is hereby ordered to pubiish. in the City's official publication it s n3mary of said changes and indicating. avai lability of the.cotnplete text of Ordinance. No. 64E in accordance with the City'% policy on dissemination of public information. The foregoinaResolution Was offered by-Couneilor Bosak.acid°was:supported.byCouncilor Watson and was declared. adopted based uooi3 the following vote: NAME EMEOTT WATSON BIRKEBAK I.GO B.OSAK VOTE Aye Aye Absent .Aye Aye ATTEST I.. Frederic-C. Magnuson, the duly qualifted:City Clerk of the City of Gem*L,ake;.Cottntyof Ramsey. State of Minnesota, do hereby certif'v that the foregoing Resolution is a true and accurate representation of action taken byttie City to of'ttie City of Gem Lake on the date first written. i Frederic C. Magnuson, City Cleric Date &-i ff leb- CopB a -file: resottitim\ZQ041w2004-;13 OTY OF GEM LAKE RESOLUTION NO..2004-�14 14. 3uly .2004 RESOLUTION OE THE. C[TY OF'' GEM LAXE, MINNESOTA AMENDING ORDINANCE No 67 AND ORDERING THE ENACTMENT OF SAID AMENDMENTS. WH EREAS,the Staft, I'lanningCommissionand CityCouncil ofthe.CityofGem Lake have reviewe.d.severa.l plansfordevetopittent of heal l propety inthe`City in areas where Individual Sewage. Treatment Systems might have been used. and have found tmnor deficiencies in Ordinance No. 67, Theindividual Sewage Treatment System.ordinance; and WH C REAS it is determined to be. in the best interest.of public health acid safety to make certain aaiendinents to Ordinance No: 67 $o as.to iitrther protect the.public; and VV FI EREAS a property noticed Public Hearing has been held on the matter and the:results of said hearing have been duly considered line with a Statement of Need and Findings of Fact Now, Therefore Be. It RI SOLVED,that the City Council of the City of Gein Lake acknowledges and orders iticorporation'ofproposed amendments and additions to Ordinance No'. 67B in accordance with City Staff and Planning Commission iewrilmehdations and orders immediate oinctn)ent ofthe'ordinatice to be titled as Ordinance No.-6713; and Belt Further RE SOLVED, that the City Clerk is hereby ordered to publish in the City's official publication a.summary of said changes and intlicatin availability of tkie complete text of Ordinance No. 67B in accordance with the City's po]ipy on dissemination of public TRII)rI)7at1011. The foregoing Resolution was offered by Councilor Bosak and was supported by Councilor Watson and was declared.adopted based upon the following vote - NAME EMEOTT- ON --1RTxE`BA1C VOTE Aye Aye Absent Aye Aye ATTEST 1, Frederic C: Magnuson, the duly qualified City Clerk ofthe City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify. that the foreaQin- Resolution. is a true and accurate representation of action taken by the City Council df tlte.Gi$y of(3e,m Lake on thedate ft1�t written. Frr0eric C. Magnuson, City Clerk Date (U ff ieb &pg c-tilc; reso1uliou-20041 i62.001-14 CITY OF GEM LAKE RESOLUTION NO.2004-15 1.6.AUGUST 2004 MOTION..by Council Member Watson and SECOND by Council: Nlember ]go to approve Resolutioni No. 2004-15 =ranting approval of the Final Plat for Hillary. Farm with such approval based upon subal ittal of the Construction Plan Set dated 06 August 2604 as prepared by Anderson Engineering with ar iendmelits as agreed in :the 12 August 2004 meeting. with Anderson Fn�ineering: (tile "Plat") and with.,the condition that no building permits shall be issued for.any work within the Plat beyond preliminary grading, sanitary sewer :installatioh-and-one(1) Model Home until each of the follovAng.conditions.are met: CONDITIONS 1. That the. Private Way and Pathway within the Plat shall be conveyed to a non-profit corporation known asMillary Farm Homeowners .Association, Inc. pursuant to a Declaration of Covenants, Conditions and:. Restrictions, in form and substance satisfactory to and approved by the .City Attorney whose members shall include the owners of Lots I through 28 of the Plat and which shall be filed for record with the County Recorder of Ramscy'County, Minnesota.. 2. 13efore Lots 1-2:9 of the Platare sold by the Owner/Developer, a Developer's Agreement between the Owner/Developer .and -the City in form and substancesatisfacioryto and approved bythe City Attorney sltall be executed.and f led ofrecord. with the County.Recorder of Ramsey County, Minnesota, to address the foregoing conditions and such.other conditions •as'are Ctistoinarily.contained therein including the foilowingconditions: (a) All grading and ponding shall be completed pursuant to the City approved Grading Plan prepared by Anderson Engineering. (bj Trees shall be cut and removed only pursuant to the City approved'Tree & Vegetation Removal.& Alteration Plan prepared by Anderson Engineering and approved. by the City.. (c) All .utilities and tile. like shall be installed underground, (d) AlI1ot.comers, angle and curve. points. on the outside boundary lines of.ft-Plat shall be staked; flagged and appropriately marked by iron monument#, including. -points along each boundary line at the Shoreland. (e) .Ali, lot: corners, angle and curve points on.the outside boundary .lines of each lot. of (lie Plat shall be staked, -fiagged.:and appropriately marked by iron monuments, including points. along each boundary line at the Shoreland. 3. The Filial Plat shall be filed with the County Recorder of Ramsey County; Minnesota, on orbefore :30.November 2004. Two (2) prints of the Final Plat showing evidence of filing shall be provided to the City Cleric, 4.. A Tree.& Vegetation Removal.& Alteration .Plan satisfactory to and approved by the City. shall be completed.and shall in0i.de--compliance.with Ordinance No. 66, including the.methods of computation required for implementation of the plan throughout thie development,. S. All utility easements: as shown on the..Preliininary Plat approved by the City. Attorney.sha[i be dedicated. 6. The Ci.ty's fees,:costs, disburseibents and reasonable attorney's fees incun-ed inoonricction with the foregoinb.shall have been paid in full by the.Developer. 7. The septic easetrtent weaofthe Rudisel. property shall be abandoned and. lands agreed upon in consideration of such an abandonment: shall be deeded to Rlidisel with all transactions.and filings attendant to the matter verified by the City Attorney. The foregoing; Resolution was o06red Oy Councilor Watson and was:supported by Councilot [go and Was declared adoted based upon the following! vote: NAME.: EMEOTT .WATSON BIRKEBAK, IGO BOSAIC VOTE Nay Aye Absent Aye Absent AI f zoV 1. PMderic:C, Magnuson, the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, .do hereby certify.tltat the foregoing Resolution is atrue and acctirate representation of. action taken by the City Council of the City df Gent hake on the date first written. Frederic C. IVIapiuson; City Cleric Date Cerfif ieb Co�B a -filer resoIutimi'12004uto2004 CITY OF GEM LAKE RESOLUTION NO..20Q446 07 Septembers 2004. :A. Resolution accepting the bid of Belair Excavating; Inc. Of New Brighton, MN. for construction of Gem Lake Public Improvement Project No. 2004-01 and empowering the Mayor and City Clerk to.enter into contractual agreements for completion of said project subject to review and recommendation of such. contracts. by the .City . Engineer and City Attorney was unanimously approved.. WHEREAS, the Gem Lake City Council approved Public Improvement Project No. .604-0.1 which includes installation of approximately 3. 1.00 feetmunicipal.sanita.ry sewerfrom cotnmetieingat the intersection ofSeheuneman Road and OtterLake Road thence southward to -the south Hillary Farm entrante.and reconstrvctioii of Scheunetman Road from it's intersection with'Otter Lake Road thencesQuttimard to it's intersection with Highway 6I.; and WH CREAS, the City Engineer has, irr accordance with State siatutes,:cornpleted the process of securinb: and analyzing. bids for the work. in accordatt~ce with plans, details and specifications; and WHEREAS, Belair Excavating, Inc'. has been identified by the City. Engineer as the low bidder for.the project in accordance with the published bid documents at a. total price of$501,789.92; NOW THEREFORE BE IT RESOLVED;. that the City Council of the. City of Getn Lake does hereby empower the Mayor and City Clerk to enter into such contracts for the work as are or may be. required by State statutes and wh ich have been approved by. the City Engineer and the City Attorney: 'Flit foregoing Resolution waso.ffered by. Council Member Birkebak:and wassupported by Council Member Bosak and was declared adopted based upon the following vote: NAME. EMC.OTT WATSON Hi EAAK 1C0 I ;.B,bSAI�: VOTE Aye Aye A Absent Aye ATTEST 1. Frederic C. Magnuson, the. duly qualified City Clerk ofthe 'City of Gem Lake; County of Ramsey, -State of Minnesota, do herebv certify that the foregoing Resolution is a true and .accurate:representation of action taken by the City.-Countil of the City of Gem.[Ake on.the date first written. Feederie C. Magauson, City Clcirk c� ... . ?. ieb c�09 Date c4e:lution12tf0tlno2(}A9-16.upd CITY OF GEM LADE RESOLUTION NO.2004-17 .07 *September 2004 A Resolution ppposinga petitiotrbeing.cotisidered`by theCity Council ofthe Cit of Vadnais Heights by Bryan. M. Hansen for concurrent detachment of real property currently located in the Cityof(rem Lake And annexation to the City of Vadnais Heights. WHEREAS. Bryan Nl, Hansen is.the (.apparent) fee title owner of 17.64 acres of -real property identified as Ramsey .County Property Identification Number 27.-30-22-34-0007 located in the City of Gem Lake; Ramsey County, Minnesota; and WHEREAS, Bryan M.. Hansen did on 14 July2004 petition the City'of Vadnais Heights to consider.-coitcurrent detachment of said lands fron.the. City of Gem Lake and Annexation to the..City: of Vadnais Heights; and. WNEREAS, resolutions) .have been prepared by tlie. City Attorney of the City of Vadnais Heights for consideration of said concurrent ddachntent. and.annexation based upon what we believe to be incomplete and erroneous facts; NOW THEREFORE BE IT RESOLVED, that the City Council of the Cityof Gem Lake urges the City Council .of (lie City of Vadnais.Heighis to deny the petition of Bryan-M. Hansen for concurrent detachment and annexation of real property located in theCity of Gem I;ake and identified as Rainsey..County Property. I dent ificaiion Number 27-30-22-34-0.007.based upon, butnot limited to, the followingficts of record with the City of Gem Lake: I ) on:24 May 1974 regarding.a petition forconcurrenudetachmgnt.and annexation to Vadnais..H:eiglitsflled by the Hansen family for this.sante parcel, an -ORDER of.the Municipal Commission the -State of Minnesota executed by Howard. L. Kaibel, Executive Secretary, was. issued and. -is on file with the City -of Gem Lake and states: as follows: "iT IS* ORDERED that the petition for detachment. may'bg; and :hereby is, in all aspects denied."; and 2) in 1.981 and. based upon the.speeirc written request of Mr.: Bryan. M. Hansen on :file. with. the City of Gem Lake, the. Planning Commission and City Council of the City. of Gem Lake amended the. Gem .Lake Zoning Ordinance and the attendant zoning for this property to meet the needs of Mr. Hansen's proposal at the time it was presented and using language and. potential uses that were provided :by Mr. Hansen for said amendments; and 3) in the: twenty-three. (23) years since expending substantial effort on Hansen's behalf to facilitate his development of the property in question, no formal applications for consideration have been received from. Mr. Hansen by -the City of Gem Lake except that two uses contrary to Mr. Hansen'g original request andsuppositions were discussed informally and, whiie both uses were considered too intensive for:the property, the*potentiat `clients were invited to.stibmit applications and proposals, how.ever'no submissions have been received; and 4) the City of Gem Lake. has the ability, to deliver. the necessary services for development of this property which are, referenced by the Municipal Board in the denial. of Hansen's petition in 1974 and are evidenced by several past and durrent.developments in the City of Gem Lake; and S) contraryto Mr. Hansen's .reference. to Mr. Uttley's undated letter regarding the Gem Lake wastewaterplan,.Mr. Donald S: Blulun, Manager Municipal Services Section; Metropolitan Council. Environmental Services advises�in�vriting on 06 August 2004 and again on'30 August 2004 Iltat the City of Gem Lake Wier 1.1 Sewer Plan was approved by the full Metropolitan Council on 0.9 June 2t)i14 as Item: 2004-174 all of which are on File with theCity ofGem.Lakeand. which states: a) INFRASTRUCTURE: Adequate Capacity has been provided to support the forecasted growth; and b) QUALITY Or LIFE: Plan provides for.redevelopment, and intensification of land uses thatWill help contain. sprawl; and c). COMMUN,ICATION/CONSTiTUENCY BUILDING: The plan has. been submitted to the adjoinjtig.commuhities as part of the planning process and wastewater services are being prov ded:consistent.with their plans; and d) ALIGNMENT: The Tier i1 Comprehensive Sewer Plan is consistent with the Regional .Growth Strategy. 6) following attempts by the Gem Lake Planning Commission to.amend the zoning for the. property and based upon. Mr.; nts Hansen's opposition to those amendme,. Mr. Hansen was invited to submit additional information on uses fbrthe property and participatein the development of appropriate revisions tp.the ordinance:which lie has declined to do. F IIRTHER 1tESOLVED, that should the Vadnais Heights CityCoundil followingg revietvofthe aforementioned findings agree W pursue concui•reiitdetachment and annexation Arid inconsideration of the very substantial legal costs that could be involved hithe matter that theCity Council 'of Vadnais Heights require Mr. Bryan M. Hansen.as petitioner to assume full responsi.bi.Iity for all IegaI fees and .fees related to the efforts of both the City of Vadnais Heights and the City of Gem Lake. 07 September 2 ..04 Resolution No.. 2004-17 Rage. 2 ,of 2 FURTHER RESOLVED; that thKity Council.herebydiiects the Mayor and City Clerk.to instruct the.City Attorney to employ all means necessary tolegally oppose.the:pr000:;ed.concurrerit. detachment and annexation proposed by Mr. Bryan M. Hansen, whether• or not said :action is supported by the*Vadnais Heights City Council. The foregoing Resolution was offered by CouncJl Member Bosak and was supported by CouncH Melttber .Birkehak aitd was declared ad4ppm based'upon the following:vote: NAME E.MEOTT WATS.ON'''' .. .B1.RKEIQAK; IGU; BOSA.K VOTE. Aye Aye. Aye Absent Aye ATTEST [;Frederic C. Magnuson, the duly qualified -City Clerk of the Cit .of Gem Lake,. County of Ramsey, State of M.innesota, do hereby certify that. the foregoing Resolution is a -true and accurate represented .of action taken by the. City Council of the City of Genitake on the date. first written. Frederic C. . agiluson,.City.Clerk Date. c-tik: res0lnli0Mi06An01064- 1 I CITY OF GEM LAKE RESOLUTION NO.2004-18 20 September 2004 A RESOLUTION EMPOWERING. THE GEM LAKE CITY CLERK TO MAKE APPLICATION TO .RAMSEY COUNTY FOR PARTICIPATION .IN FUNDING MADE AVAILABLE AS. HEREINAFTIER. KNOWN AS."SCORE GRANT". WHEREAS, THE City of Gem Lake currently operates a Municipal Curbside. Recycling Prograni. for all single family residences within the City; and WHCREAS,. the City Council realizes that increased'ptiblic awareness, education and participation in this program is iIo the best interests of.all citizens and wishes to. expand the current program within the administrative guidelines established for current :City staff; and WHC.R.EAS,'the. Division of Solid Waste of the St..*Paul-Ramsey County Depaitment'of-Public Health has made certain funds available forg0tified.recyclingprograrns within Ramsey County. NOW, THEREFORE; BE IT RESOLVED, that the City Council of the City of Gem Lake herebyy"erripowers the City Clerk to apply annually .for any and all. Score. Funding or other suchgrants as..lttiy..be trade available fi girt tune to .time by other agencies for the sole.purpose. of expanding resident participation in the Gem Lake Municipal Recycling program; and BE IT FURTHER RESOLVED, that said funds- shall used.-in.:such a manner as :recommended by the City's kec. EIing, Coordinatoras-approved by the: City trouncil. The foregoing Resolution was .offered by Cotoncil Member Igo and was supported by Council Member Warsotr and was declared adopted based upon thp.1bilowing vote: .NAME. -EMEOTT :WATSON BIRKEBAK .: iG0 BQSAK. VOTE Aye Aye Aye -Aye: Aye ATTEST 1, rrederic C. Maattuson, tlie.duly qualified City. Clerk of the City of Gem Lake; County.6f11=6e+.,. State of Minnesota, du. hereby certify that the foregoing Resolution is a true and accurate representation of action -taken by the .City Council of City uf.Crem Lake on..the date first written. Frederic C. M:rghmsok, City Clerk Date -tile: resolutionL004Wio2ob4-I.$ Page 1 of 1 CITY OF GEM LAKE RESOLUTION NO.2004-19 24 September 2004 WHEREAS; Launderville Towing, Inc. has made:a complete.application for an Interim Use PermiE to.bperath.ati open*.stora$e lot -in the GB 1.1 zoning district in accordance with the provisions ofOrdinattce No:43, Section 19.3(1)e); and W fi EREAS, a properly noticed public hearing before the Planning: Commission was held to receive public comment; and WHEREAS, the Planning Commission, having reviewed all findings and public liearing information has:recommended approval of said permit by the City Council as in keepingmith the intent of the Comprehensive Municipal Plan. and "Zoning Ordinance No, 43: Now THEREFORE BE IT RESOLVED. that the City Council of the City of Gem.Lake by.this resolution order the City Clerk: to issue an Interim Use Pernnit to [.,aunderviIle Towing,. Inc. In accordance with the terms and conditions set forth in the recommendation. of the. Planning Commission and the Zoning Ordinance. The foregoing.Resolution was offered by Council Member !go and. was. supported by Council Ivioiber. Birkebkk and. was declared adq)p ed based upon the following vote: DAME EMEOTT [GO. VOTE Aye Aye- Aye Aye Aye ATTEST 1, Frederic C. Magnitaori,. the duly qualified -City Clerk of the City of'Getn Lake, County of Ramsey,.State of Minnesota, do herein' certify that the foregoing .ResolutioA is a true and. accuraterepresentation df action taken by the City Council of the :City of Gem take on the date first written. Frederit.C. Magnuson, City. Clerk "rtif ieb a1 n Date e=file: res0lutioiiS2tN4Xfio2004_I9 CITY OF GEM LAKE RESOLUTION NO. 20 4-20 .20 Septidib& 2004 WH EREAS. the County ofRamsey. Division of Emergency Managementand Homeland Security is participating in the all -hazard mitigation planning process -as. established under the. Disaster Mitigation.Act of 2006 Pub.' ,14o. 106-390; and WHEREAS, the Act requires all counties and municipalities to develop and maintain all -hazard mitigation plans either independently or on z county -[de, multi jurisdictional basis;.and W kEREAS, such plans inusfbe well integrated and coordinated to account for the Fact that hazards in one jurisdiction impact on other. Nearby. jurisdictions,; and WHCREAS, the .Act establishes a- frameNvork forthe development 6f an all-hazardmitigation plan; and WHEREAS, tht Act as pad ofthe planning process regUires public involvemenratid local.coordinadon among neighl Q.ring local Emits ofgovernment and businesses; and WHEREAS, the plait must include.a mitigation strategy inchtding.goals and objectives and:an actiort-pian identifying specific, mitigation projects and costs; and WHEREAS, the -plan must .include an implementation and maintenance process.includingplan updates, integration ofthe:plan into other pifirining.documents and how the:County will. maintain public participation and coordination;. and WHEREAS., Ramsey County. Division. of Emergency Management. and Homeland Security has indicated a willingness to coordinate these efforts should a municipality so desire; and WHEREAS, the draft plan will*be sharod.With-all*munidpalities, the County Board ofCommissioners and the StaterofMinnesota C)epartmento.fPub] icSafety, Division 6fRomeland.Seeurity. -and Emergency.Mahagernentforcoordinationofstateagencyrevievv and comment ort 1h4-draft; and* Wl•ICRLAS, filial approval oftlie fill-haxard.litigationplan will make the municipalities and the County elivible to receive Hazard Miti+�ation Grant Program.(HMGI').proj t. grants; and WHEREAS, this -resolution does not preclude.ihe.City of Gene lake from preparing it.`s.own plan.in the iiiture.should i desire to-do so.; noxv. therefore; be. it RESOLVED. that --the City Council ofthe City of Gern `Lake supports the county wide all-..hazardmitigation planning effort; and lie it further RESOLVED that the City ofGem Lake wisites.to.join. with Ramsey County in preparing and maintainiDgthe plan and ro ogniies that the final plan will apply within the City of.Gem Lake;.and be it further RrSOLVED that the City.ofiGetn Lake:requests that the. Ramsey County Division of Emergency: Managementand Homeland Security coordinate.all-hazard mitigation planning efforts for the City of Gem Lake in the future. Che foregoing.ResQlution was offered by Council Member Ik►o and was supported by Council Member Hostik and was declared aertopk&( 4ased:upon the; following vote: NAME EIKEOTT VllfkT$Q I. BIRIKEBAIC IGO 77 13QS I{; VOTE Aye Aye Aye Ay.6- Ayer ATTEST I,.F.rederic. C..Magnusoo, die:duly.qualified City Clerk of the City orGem Lake, County of Ramsey, State of Minnesota to hereby mlily that the foregoing Resolution is.a true and Aceurate repmsentatipn:of action. -Oa -en 'by -the. City:Cvuncil ofthe City of Gem Lake on the date first written. Frederic C. Magnuson, City Cleric Certif ieb Copg Date c4le: res6ludoM206ft400426. CITY OF GEM LAKE RESOLUTION NO.2004-21 20 September 2004 A. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION. IMPROVEMENT BONDS (PUBLIC IMPROVEMENT .PROJECT.NO.2004- 01,SCHEUNEMANROAD IMPROVEMENT AND SANITARYSEWERPROJECT),SERIES 2004 IN THE APPROXIMATE .ORIGINAL AGGREGATE PRINCIPAL AMOUNT QF S60%Q00 Pursuant to. due call:arid notice:ihereof a regular meeting of.the City Council. of the City of Gem Lake, Minnesota, was duly held on Monda , September 20, 2004, commencing at 7:00 o'clock P.A. The fd lowing call of the roft indicated NAME 'Emeott Watson Birkebak Igo Bosak ROLL CALL Present Present Present Present,. Present The 11ollowingwritten.resolution was presented by City CouncilorBosakwho moved its adoption and.CityCouncilor Watson who supported it's adppti0n,'the reading of which had been dispensed with by unanimous consent; .13E IT RESOLVED ED By theCity Couhibil. of theCity of Gem Lake, .Ramsey County; Minnesota (the"City") as follows; lt:is hereby determined that: (a) 1N6.fol [owing assessable.public improvements (the "Improvements") have been made, duly. ordered orcontracts)et for the:construction thereof by the City pursuant to the provisions of Minnesota Statutes, Chapters 429 pnd.475, as amended (..collectively; the "Act");. PROJECT DESIGNATION & .DESCRIPTION TOTAL PROJECT COST Public Improvement Project N.6_2004-0 [; Scheuneman Road Improvement And Sanitary Sewer Project S 600,000 (6) it is determ ined that it is necessary. and desirable for the sound financial'rnanagement of the City that the City issue. -and sell its: General Obligation-ImprovetnentiBonds (Scheunem an.Road.ImprovementAnd Sanitary Sewer P r0iject), Series 2004 (the "Bonds"),. pursuant to the Act to provide financing for the Itprovements. Z. Tb provide. financingforthe hnproverimenMthe City will issue:and sell "the Bonds in -the approximate origirial-aggregate. principal amount of$600i000, .3. Pursuant to the Act, the*City.Cleitis atAorized.to negotiate.the salebfthe Bonds on behalfofthe City: Pursuant io Minnesota Statutes, Section475.60, subdivision 2(2),:asamended, the City may negotiate the sale ofthe Bonds ifwithin anyt"velve.-month period the City issues obligations in an amount not exceeding,$1,200,wo.. The City lies not issued -any bonds or obligations within the past twelve months. 4.. The City Clerk is authorized to, buc. is not required to, retain the sergices-ofan independent financial consultant to advise the City w.ith.respect to the. offer and. sale -of the: Bonds.. The.City Clerk is.further authorized to take any appropriate action with respect to the negotiation ofthe*issaance-artd:sale of the Bonds. 5. The City Clerk- is directed to obtain offers for the purchase of the. Bonds and presetif those offers to the Council on Monday, Qc1ober 1.$-, 2004 at 7:00 o'clock P.M.,.:or at aAifferent time as: directedby- die Council.. The foregoing Resolution was offered. by City. Councilor Bawk and was supported by.City Councilor Waosm and %vas declared adopter! Based upon the following vote: NAME I~MEOTT WAT&ON' BIRKEBAK IGO ROSAK VOTE Aye. I Aye Aye A -ye Aye. ATTEST I, Frederic C. Magnuson,. the undersiOmed. being the du ly qualified and acting City. Clerk of the Cityof Gem Lake, Minnesota, hecveby ceiti ty that:[ have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City of Gem Lake h6ld--dn 20 September 2004, with tit; original minutes on file in my office and the extract is a Rill; "eand correct copy of the minutes, insofar as.they relate: to the issuance and sale of General Obligation Improvement Bonds (Public Improvement Project N(i.10.04-01, Scheuneman Road Improvement Project), Series 2004 of the. City. I'rederic.C. Magnuson, City Clerk &rtif ieb ('"r'0pB Date e-file: resolution1200Ano20.04-21 CITY OF GEM LAKE RESOLUTION NO.2064-22 2O *SEPTEMBER .2004 A RESOLUTION EMPOWERING THE CITY CLERK AND MAYOR TO ENTER INTO A JOINT POWERS AGREEMENT WITH RAMSEY COUNTY AND THE CITY .OF VADNAIS HEIGHTS TO PROVIDE FOR COST.SHARING OF ENGINEERING -DESIGN SERVICES BY SEH FOR THE RECONSTRUCTION OF GOIJNTY ROAD KE" AND TRUNK HIGHWAY 61. WHEREAS, tiie City of.Gem;Lake, Ramscy.Coutity'and the Cityof Vadnais Heights have:desireto.enter:into a joint. agreement and effort providing .forthe.design of the intersection ofCountyRoad E and TH 61 including additiori of turn lanes, it new traffic si;"tla1 system, median construction and access improvements;° -and WHEREAS,:the-Ranuey County Public Works Department has programmed these improvements for 2005; and WHEREAS, preliminarystudies:atid reports which have been conducted by the City of Gem Lake, the City of Vadnais Heights. aiid R tnsey County indicate that it is -feasible, practical and teefinically proper to provide for the turn lanes, traffic signal, median construction and access hnprovetnents; and WH FREAS, the :subject road segments are .located wholly within the Cities of Gem Lake:.and Vadnais Heights; and �N' 14 EREAS, the City of Gem Lake, the City. of Vadnais Heights and Ramsey County have been. awarded µp-to. a maaiinutn of S tc T600 in the Minnesota Department ofTransportattan (MrVDOT) Cooperative Agreement funds for improvements to this intersection; and. WHEREAS, the Mn/DOT Cooperative Agreement Program requires that the local agencies.pr0ide.design services on the prO ject:.and WHEREAS, tlic City of Lakd has. retained the services oftt,professional engineering. consultant. SEH, to develop plans and specifications for the widenint ofTH:61 and:County Road E inclitdingaddition-ofturn lanes, a new traffic signal system, median. construction and access improvements *at the County Road EiTH 61 intersection; now, therefore; be ii: RESOLVED, that the City Council of the City of Gent Lake empowers the City Clerk and Ma}:or to execute on behalfofthe City. of Gcni Lake a. Joint Powers Agreement' for the.costsharing of design services to be.provided by the City Engineer, SEH, for the aforementioned improvements in an amount not to exceed $80,700 with the Cities of Gem Lake and Vadnais Heights each �issumimi S i 7.216 of said cost and .Ramsey County assuming $46,600 of said cost in accordance with the terms and conditions set forth in t1w Ramsey County Cooperative Agreement With The Cities.O.fGem Lake And.Vadnais Heights; and 1. HITHER RESOLVED; that the City Council of the City of Gem Lake.shall have no further. responsibility to the cost of the. p .(11uct except to acquire any such right-of-way in. the City of.Gem Lake as maybe necessary for completion of the project. The foregoing Resolution was offered by council Memberlgo and was supported by Council Member Bosrrk and was declared i0opted based won the folioNvine voter NAME EMEOTT WA.'%SOM AMKEBAIC iW VOTE Aye Aye. Aye Aye Aye ATTEST I, Frederic C; Magnuson, the duly qualified CityClerkofthe City of Gem Lake. -County of Ramsey, State of Minnesota, do beteby certify that the foregoing Resolution .is.a true: and accurate representation of action taken by the:.City Council of the City. of Gem Lake on the date first written: Fnkleric C. Magnuson, City Clerk- Datc Certif ieb Copg a -file: res6111[ion','-0041rr62064-22 -CITY OF GEM LAKE. RESOLUTION NO, 2004-V 22 SEPTEMBER .2004 A RESOLUTION GRANTING FINAL APIPROVALOFAN APPLICATION FORA MINOR SUBDIVISION .OF REAL PROPERTY IDENTIFIED AS RAMSE.Y COUNTY PIN 28-30-22-13-0012 AND OWNED JOIMI'LY BY RICHARD AND MARY YADEAU. WHEREAS: Richard and Mary Yadeau have made -an Application For A MinorSubdivisiop o(their real property: located in the City of Gent {Lake, .Ramsey. County, Minnesota;. and. WHEREAS,: the matter has been reviewed by the Zoning Co-Adtninistrators and the Planning Commission. of the. City of Gem Lake; and WHFRGAS, a duly published and notified public hearing on the matter:has been held and all who wished.to be heard were given the opportun ity and their comments:w:eighed by the Planning Commission; and WHEREAS, the Planning Commission. has. recommended approval of the minor subdivision subject to-cettain conditions as set forth in the minutes of their 07 September 2004 meeting; acid WHEREASAicliard and Maty Yadeau have complied witivall request and conditions in a.complete and timely manner; now, tlierei'ore,.be It RESOLVED, that the City Co6hcHt bfthi; :City of Getn1hke does hereby approve the Appiioation For Subdivision Of -Real Property identified as Ramsey .Cbi my PIN Z8-30-22-13-0012 and. located in the City ofGem Lake, Ramsey.County, Minnesota subject to the following.conditions: a) Said subdivision shall be filed with RamseyCountyProperty Records And Revenue within ninety (90) days. of notification of this approval to the owner(s); and b) The lots shall be identified as having been assigned the following street addresses and the owner shall notify the United States. Postal. Servipe.of such.street addresses at the time ot'developtnent of the property, ..and c) Any and all development ofthe any ofthe lots shall be subject.to ail ordinances of.the . City of Gem hake; Ramsey County and the State of Minnesota and no. such development shall commence until such permits as maybe required by the.City ofGem. Lak4-have first:been obtained; and d) Any fees. outstanding and payable.to the City of Gem Lake have been. paid in full. The foregoing. Resolution was offered by City. Cditncilor Igo -and -was supported.by City Counciiar Birkelirrk and was dec laced a4ppled based upon the. following vote: N..ANiE EM:COTT WAT5ON BIR:ICEBAIC 1G0 I31i7SAK VOTE Aye Aye Aye Aye Ave ATTEST 1, Frederic C. Magnuson; the duly qualified City Clerk of the City of Gear Lake; County of Ramsey,. State of Minnesota, do hereby certify. that the foregoing Resolution is a true and -accurate representation oFaction taken f?y. the City Council oftlte.City (&G.em Lake on the date first writteri.. i Frederic C, Magnuson, City Clerk &T- flf teb- Rio Date e-file: resoiutiont2tiO4kno2064-2d CITY.OF GEM LAKE RESOLUTION NO: 2044-14 18 OCTOBER 2004 A RESOLUTION AWARDING .THE SALE OF $S8Cr,00t}. GtNERAL OBLIGATION IMPROVEMENT .BONDS (SCNEUMMAKROAD IMPROVEMENT PROJEGT),.SERIES 2004; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THIEII EXECUTIQK A.N.D. DELIVERY; AND PROVIDING.ROR THEIR PAYMENT BE 1T RESOL V ED by the City Council (thg "Council").of'the City of Gein.Loke; Ramsey County,.M.innesota (hereinafter, the "Uty") as follows: Section f. Sale of Bonds. 1.01. The pro ..posliti.of Wei Is Fargo.Brokerw Services, LL(t (tile-PuMllaSCT") to purchase the .City':sGenemlOb.ligation IntprovetnetttBonds (Sclteunennan Road ImprovenientProject) Series 2004 (the `Bonds"), in the original aggregate:principal apiount of$386,000. is found and determined to.be'a reasonable offer and is accepted. 1:02. The sum -of $26,957:1.5 will be credited to the Debt Service Furid..lnereinafter created. Tile. Mayor -and City Clerk are directed to execute a contract with the Purchaser: on behalf of the City. :Q3. The City will forthwith issue and sell the Blinds pursuant to Minnesota Statutes, Chapter 475, as amended, and Niinnesiita Statutes_ Chapter 4.29;.as amdhded (collectively, the "Act"), originally -dated November.3, 2004; bearing. at a rate of 3.70% to maturity atnd maturing on February 1., 2016. The payments of the principal of the Bonds shall,be.paid oil February I and August .1. ill accordance with the schedule on Exhibit A attached to. the Bonds when issued. 1.04.. Optional Redemption: The City. elects to prepay Bonds due on or after August 1, 2005.. Redemption, may:tie-in. whole or ill Part and if in part, on any February I or August 1, in minimum amounts of $.7,006 and.any increment of $1,QOfl: in excess thereof. at the. option of the City and in such manner.as the City will determine. Payments.of the Bonds will beat a:price of par plus accrued interest. Section 2, Registration and Payment 2.01. Registered Form. The. Bonds -will be issued as.a sirtgl..e typewritten bond, only in fully registered form:. The.interest thereon oil the Bonds and. the principal-amoitntt.bereof; will be payable bychecic or draft issued: by the City to the Purchaser.: 2,02, Dates: Interest Payment Dates: The Bonds will be dated. -as of their date of issuance. Tine interest on the Bonds will be-paya4le:on February I. and August I :of each year, commencing AtiguA 1, 2005. to the Purchaser. 7.03'. Registration. The City appoints the CityClerk as .Bond Registrar (the "Registrar").. The effect of registration and the rights and. duties .of the City and. the..Regimrar with respect theret6.will be as follows' (a) Resister.: The Registrar must. keep at its office a bond register in which the Registrar provides for the registration of ownership of B.onds:aiid the registration of.transfers and ekchanges of Bonds entitled. to be registered, transferred or exchanged. ([i) Fhchang6 of Bonds. When Bonds are surrendered by the. registered owner for. exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (c) Cancellation. Bonds surrendered upon tratnsferDr:exgbange will be pronnptly cancelled. by the Registrar and tftereafter disposed of as directed by. the.City. (d) . Im ro eror Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to .transfer the good until the Registrar is satisfied that the. endorsement on. the $op..d %or separate:instrumeiit of transfer is valid and genu.i.ne anthat the requested transfer is. .legally authorized. The .Registrar will incur no liability fortite* refusal, in good faith, to make: transfers which it; in its judgment,..deems irnproper.or unauthorized. (G) Persons Deemed Owners. The City.-and the Registrar may treat the Purchaser as the absolute.owner of the Bond, whether the Bond is overdue or not, for the. purpose of receiving payment ot", or on account of., the principal of and interest on the Bopd-; rtd for all other -purposes, and payments so made: to a registered owner or upon the owner's order will be valid and effectual to satisfyand discharge the. liability upon the Bond to:the extent o£"the sum -or sums so paid. M 'Taxes, :Fees and Charces, The Registrar may impose a charge upon the owner thereof. for a transferor exchange.. M of Bonds cuff ieient to, reimburse the. Registrar for any taX, fee. or othpt governmental charge required to be.paid .with respect to the transfer or exchange. (g) Mutilated. Lost,. Stolen of Destroyed Bonds. If a Bond becomes mutilated or is destroyed; stolen .or lost; the Registrar will deliver a new Bond of like amount; number, maturity dateand tenor in exchange'and substitution for and upon cancellation of the mutilated .Bond or in lieu ofand in substitution .for a Bond destroyed, stolen:oflost. upon the payment of the .reasonable expenses ;and charges of the Registrar in corinection therewith; and, in: the case itf a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed; stolen Or lost, and ofthe ownership thereof and upon furnishingto:the Registrar of an appropriate. bond or indemnity in forth, substance and atnouttt satisfactory to. it :and:as provided bylaw; in Which bbda-the.0ty and the Registrar must be.named as: obligees: Bonds so surrendered to the Registrar will be cancelled by the -Registrar and evidence of such cancellation must be given t6 the City; If the mutilated; destroyed,stolen' or lost .Bond has already matured or been called for redemption in accortdarice With its.terms it is not necessary to issue a new Bond print• to payment. (h) Redemption. In the event any of the Bonds are called.for redemption, or to be prepaid, notice thereof identifying the amount of the Bonds to be redeemed will be given by the City to;the Registrar by mailing a notice more than' days prior to a date of prepayment by first class U.S. Nlail'(postage prepaid) to the Purchaser. 'The.amountof the Bonds so eall'ed for redemption will cease to bear interest after the specified redemption date, ptoy.ided that the funds for the redemptionare on deposit with the place of payment at that time. 164.. Execution. Authentication and Delivery. The Bonds will be prepared. under the direction o%the..City Clerk and executed on behalf of the City.by the signatures of the Mayor and the City Clerk; provided that those signatures maybe printed, engraved or lithographed facsimiles'ofthe originals. If an officer wh..ose.:sibnature or a facsimile of�vhose signature appears oa the Bonds. ceases to be such officer before the. delivery of a Bond, that.signatui•e or facsimile a i11 nevertheless:be valid and sufficient for all purposes, the same as if the officer had remained in office. until delivery. Notwithstanding such. execution, a Bond will not be valid or obligatory for any purpose or entitled to any.security or benefit under th is Res6lwiori unless and ttntil a certificate. of authentication on the Bond has been duly executed by the rtianual signature:of an authorized representative of. the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate ofauthentication on a Bond is conclusive evidence that ithas been authenticated. And .delivered tinder this Resolution. When the Bonds'liave'been so prepared; ekeeuted and authenticated, the'Citv.Clerk Will -deliyerthe-saine.to:the Purchaser upon. payinent'ofthe purchase pricean'accordanre With thecontract ofsale heretofore made. acid executed, and the Purchaser is not obligated*to see to the application of*the purchase price. 2.0.5. Temporary Bonds. The City may elect to deliver, in lieu of printed definitive Bonds one or more typewritten. temporary Bonds in substantially the form set forth. in Section 3 with such changes:as may be necessary to:retlect more than one maturity in.a singletemporaiy bond. Upon the execution and delivery.of definitive Bonds the temporary Bonds will. be exclianged therefor and cancelled. Section 3. form of Bond. 161, The [fonds will be printed -or typewritten in substantially the. form attached hereto. a$ ExTiibit A. 1.oz, "The City. Clerk. will. obtain a copy of the proposed approving legal. opinion of Kennedy &..Graven, Chartered, ?V1 inneapolis, lbiinnesota; which will be complete except as to dating.thereof and will cause theopinionlo acconipany each Fond. Secti'otr4. Payment; Security; Pledaes and .Covenants (aj The Bonds are payable from the General Obligation Improvement Bonds, .Seties 2004 Debt Service Fund (the "Series 2004 Debt Service Fund') herebycreated, and special assessments (the."Assessments"), levied or to belevied for the improvementsdescribed in Section 1.0.1 ofth is resolution (the "linprovements")financed by the Bonds are hereby pledged to the Series.2004 Debt. Service Fund, If a payment of.principal or interest -6n the Bonds becomes due when there is not sufficient money in the Series 2004 Debt Service Fund to pay the.saine; the City Cleric is authorized .and directed to pay such principal or interest from the generafuiid of the City, and the general. fund will be reimbursed.for such advances out of the proceeds of Assessments for the -Improvements when collected. There. is appropriated:to.the Series 2004 Debt Service Fund (i)capitalized interest. financed from Bond proceeds. (b) The proceeds o.fthe Borrds, less:the appropriationsmade in paragraph (a), togetherwith Any other fundsappropriated for the Improvements and Assessrnents.collet:ted dunng*the-construction of the Improvements will. be deposited. in a separate construWdn-ftind (which may contain separate accounts foreach Improvement) (tale "Project, Fund")to:be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prier'to the, completion and payment ofalI costs ofthe Improvement. Any balance remaining.in the Project Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other irnprovementinstittited under.the Act or, with an opinion of bond cotinsel,.to prepay the.Bonds. When°the improvements are. completed and the cost thereof paid, the Project Fund is to be. closed and subsequent -collections: of Assessments for the Improvements are: to be deposited in the Series -004 Debt -Service Fund, .4.02, It is determined that the Improvements -to be:financed`bythe Bonds will directly And indirectlybenefitthe abutting property, and.the City hereby covenants with ttie holders from time to.time ofthe::Bonds iis*fallows: ja) The City 4as ca.used.or will cause the Assessments for the Improvements to be promptly-leiiied so* that the first installment will be collectible, not later than.'2006.and will take all steps necessary to assure. prompt collection, and the jevv of the Assessments is hereby authori*d. The City Council will cause all: further actions and proceedings relative to the making and financing ofthe-lmprovemetts financW.hereby to betaken with due diligence that are -required for the constriction of.tlre Improveitients financed wholly or partly from theproceeds of the Bonds, and for the .f nal and valid levy of:the.Assessrnents and the appropriation ofairy other funds needed to pay the Bonds and interest thereon when due. (b) In the -event of a current or anticipated deficiency in the. Assessments, the City Council will levy ad valorem taxes in the amoiittt ofthe.deficiency. (c) The City will.keep complete and accurate books and records showing: receipts and. disbursements in .connection witli the Improvements; Assessments levied therefor and other funds, appropriated for their payment, collections thereof and disbursements therefrom, money on hand and, the balance of unpaid Assessmments. (d) The City will cause its books and records.to be audited:atleast annually:and will furnish copies:of such audit reports. to any inter"* person upon request. 4.03. It. is. derermined that the estimated co. Ilecdons.ofAssessments and interest.thereon for paymentofprincipal ofand interest on the Bonds will produce at least live percent Wo) in excess of the amount needed-to.ineetwhen due, the principal and interesrpayments on the Bonds and that no tax levy is needed at this -time: 4.04. TheCity Clerk is atrthoi ized and directed to file a gertifred copy ofthis resolution with the*C6utity Auditor and to pbtai.n the certificate required by Minnesota Statutes, Section 475.63, as amended. Section.$, .Authentication ofTranscriol: 5.0.1. The. officers of the:.City'Eire authorized'and-directed to*prepare and furnish to the. Purchaser and :to Kennedy & Graven. Chartered, certified copies of proceedings and records of the City relating to the Bonds andto the financial condition. and atTairs ofthe City, and such other certificates, affidavits and transcripts as.maybe required to show the facts within -their kiionriedge or aa.shown by the books and records in their custody and under their:eontrol, relating to the validity and niarketibilityof the.Bonds, and such instruments,.incltiding:any heretofore furnished, will be deemed:represent ilioiis..oftlie City as :to the facts stated therein. SV2: The Mayor and City Clerk are authorized and. directed to certify that they have examined: the. Official Statement prepared rand circulated in connection with the issuance and sale of the Bonds and: that to the best oftheir knowledge and Udlieftht Official Statement is a complete and accurate representation.of the f6cts and representation s made therein as ofthe .date of the Official Statement. 1.01. Tlte.City Clerk shall pay the costs of issuance for -the Bonds from amounts on deposit in the Project Fund. Section 6. Tax Covenants. 6.O1.. The City covenants and agrees with the holders from time to time of the Bonds that.it will nottake.or permit to be tnkcn by ally of its officers, employees or agents any action which would cause the interest on the Bonds to becotne.subiect to taxation under the internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder (tlie ".Re,,ulatiotis."), in effect.at tile.time.of:such actions, and :that it will take or cause its officers, emp..loyees or agents to take,. all.affirmative, action within, its power that maybe necessary to ensure, that such interest will. not become subiect to taxat:iQnunder the Code and the Regulations,.as presently extstip&or as hereafiemmendc.dand madeapplicable. to the Bonds. 6;02. (a) 1'1te.Citywill comp lywithrequiretnetttsnecessaryundertheCodetoestablishandmaintaintheexclusionfromgross income of.the interest on the Bonds under Section 103 of the Code,. including witliotit limitation requirements relating tQ teniporary periods for investments, limitations on amounts invested at a yield greater than.the yield on the Bonds, and lhe. rebate of excess investment. earnings to the United States if the Bonds.:(tpgpther with other obligations reasonably expected to be issued in calendar year20K.)-exceed the small -issuer exception amo. alitof$5;0OO,0OO: (b) For purposes of'qualifyingfor the small issuer exception to the federal arbitrate rebate -requirements the City finds, determines and declares that the:agDregateface amount df all tax-exempt bonds (other than private activi ty bonds)issued by the City (and all. sttborditlate .entities .of the City) during thecalendar year 2004 is not reasonably expected to exceed. $5001000, all within the ineaning of Section 148(fl (4)(C) of the Code. 6.03.. The City furthercovenaiits notto use the.proceeds'oftlte Bonds tir to cause or permit them or ariy of them to be used;. in such .a manner as to cause the Bonds to be."private activity bonds" within the weatiing of Sections,-] 03 and 14:1 through 150 of tile Code. 6.04: In.orderto qualify file Bonds as "qualified tax-exentptobligations"within the meaningof Section W(b)(3) of the Code, the -City makes the f6116- +ing factual statements and representations: (a) the Bonds -are not "private activity bonds" as defined in Section 141 oPthe:Code; (b) the City designates the Bonds as "qualified tax-exempt: obligations" for purpo§es*of Section ?65(b)(3): of the Code; (c) -the reasonablyanticipattedampuntoftax-exemptobligations(otherthanprivateacti'vitybonds.thatarenotqualifed. 5i3I(c)(.3) bonds) which will. be issued by the City -(and all subordinate entities of the City) during calendar year 2004 will not exceed $10,O0O,QO0.; and (d) not more than $1O;O0O,Q0O:of obligations issued by the City during calendar year 2004 have beendesignated for purposes. of Section 265(b)(3) of the Code. 0.f15. "The City: wiII use its .bestef drts to comply with oily federalprocedurai requirements which may apply in order to. elTectuate .the designations made.biy1his section. Section 7: No -Continuing Disclosure. 7.01. "file Bonds are not subject to the requirementsofSEC Rule t5c2-12because the original aggregate principal amount of the Bonds is less than $1,000;000. (file remainder of this page.• is intentionally left blank.) EXHIBIT A No. R-1 [Form of Bond] UNITED STATES OF AMERiCA STATE OF M.iNNESOTA COUNTY OF RAMSEY CITY OF GEM LAKE. GENERAL OBLIGATION IMPROVEMENT BONDS (SCHEUNEMAN ROAD IMPROVEMENT PROJECT) SERIES 2004 Dawof Rate.- Maturity Original Issue. .% february 1, 20-16 Noyember 3,1004 ite;;istered Owner- Wells Fargo :Brokerage Services; C:L C Principal Apioutt: Five Hundred .Eighty -Six Thousand D,oIlars The City ofGem Lake, Minnesota, a 4ulyorganited and exisong.rftunieipol corporation in Ramsey County, Minnesota (file "City.) , acknowledges itselfto be indebted qnd for value received hereby promises to. pay to the Registered Owner specified above or registered assigns, the principal sunk set forth on ExhibitA attached heteto.with interest thereon frod! the date hereof at the annual rate specified above, payable February 1 and August' ] of each year, commencing. August 1, 2005, to the person in Whose name this.Bond is registered at the close.ofbusiness on the ftfleenth day (whetheror not a business day)of the immediately preceding month. The interest hereon and, .upon presentation and surrender hereof: the principal Hereof are payable in lawful money of the UiTited States of America by check or draft Wells Fargo Brokerage Services, LLC (the "Purchaser"), or its desiLmited :successor under the. Resolution described herein. For the prompt and full payment of such principal and. interest as the same respectively become`due, the full faith and credit and taking powers of the City have beep and are hereby irrevocably plalged. The C.ity.may elect to prepay Bonds due on or after August 1, 20GS. Redemption ofthis Bond may be in whole or in I.mrt acid if in part; at the option of the City and in such manner as. the City will determine.. If.less than all Bonds are called for redemption, the City will notify the Purchaserofthe . particular amountofsuch maturity to. prepaid and such redemption shall Ile iii a minimum amount of $7,000 and in $1,600 increments in excess:thereof..Prepayments oftheBonds will. be ata price of pair plus accrued interest.] The City Council has designatedtlte issue ofl3onds ofwhichthisBond forms apart as "qualified tax exempt obligations" within the meaning of Section 265(bJ(3) oftl *OIoternal..RevehueCode of 1.986, as amended (tlie "Code"); relating`to disallowance of interest expense for financial institutions-anduithin the $l0 million littiit allowed bythe .Code: for calendar year 2004: This Bond is the single. bond offt issue of the Bonds and is in the aggregate I3rincipal.amount of $586,000.and issued pursuant to a resolution adopted by the. City Council on October I8, 2004 (tare. "Resolution")., forthe purposeof providing money to aid in financing various.irnptoveinentsto the sanitary. -sewer along Schetrnerritin Road, pursuant to and in full conformity.with m the hoe rule charter ofthe Gityand:the Gonstitutiotnand laws ofthe State dMitinesota; including Minnesota Statutes, Chapters 421) and 475, as amended (collectively, the "Act"), and the principal hereofand interest hereon are payable primarily from Special Assessments.levied against property specially benefrtted by system improvements in a special debt service fund of the City, as et forth in the Resolution to which reference is made for a full statementof rights and powers thereby conferred. The full faith sand credit ofthe City are irrevocably pledged forpayinentofthis Bond and the City Council has obligated itselfto levvad valorem (axes :on all taxable property. in the City in the event.of any -deficiency inner revenues'and Special Assessments pledged, which tax.es.ntay be levied without limitation as to rate or amount. The Bonds. of this series are issued.registetedPond: as. :one fully. { 11' IS.HEREBY CERTIFIED AND RECITED that in and by the Resolution, the City has covenanted.and agreed that t it Xvi iI also create and maintain a General Obligation.Improvement Bonds, Series 2004 Debt Service Fund, into which -it .Will pay, out of the Special Assessments and ad valorem taxes a sure sufficient to pay principal hereof and interest thereon Nvhen due; and that it will provide, by ad valorem. tax levies., for.any deficiency in required Special Assessments.. As provided -in the Resolution -and sub jecttorettain Urnitafionsset forththerein,:this Bond is transferable uponthe books of the City at the principal office of the.Purchaser, by the registered. owner hereof in person or'by the owner's attorney duly titrthorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Purchaser, .duly executed.by.tl,e.registered. owneror the ojvner's attorney;.and tray also.be surrendered in.exchange for Bonds ofother authorized denominations. Upon -such transfer or exchange the City will.cause.a.new, Bond or Bonds to.be issued. in the name -of the transferee or registered owner;,pf'the. seine aggregate amount, bearing.interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee 6f-`govem-mtmental charge required to be paid with respiect.tb such transfer or exchange. The City and.the Purchaser may deein and treat the petson`in whose. narne.this Bond is *registered as the absolute owner Hereof, whether this Bond is:overdue or not, for die purpose..of.receiving payment and for all other purposes, and neitherthe.:City nor the Bond .Registrar Will be affected by any notice'to the contrary. 17I IS IIER.EB Y CERTI FLED, RECITED, *COVENANTED AND AGREED.that all acts; eonditions.and. things required by the home rule charter of the Cityand the Constitution and laws of the State of Minnesota to be done, to exist, to happen. and to be performed preliminary to.and in the issuance of this Bond in order to make it a valid and. binding general. obligation of the City in accordance with its terms, have been done, do exist, have happened and have been .performed as so required, and that the. istivance of this Bond does not cause the indebtedness. of the City to exceedany constitutional. statutoryor,chatter limitation of indebtedness. This: Bond is not valid or obligatory for any purpose or entitled -to any security or benef it under the Resolution until, the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the CityofGem Lake, RamseyCounty, Minnesota, by its City Council, has caused thisSoitd to be executed.onits behalf bythe facsimile. or manual signatures Qf the. Mayor and City .Clerk and has caused this.Bond to be dated as of the date. set forth below. [)ated Novernber 3, 2004 CITY OF GEM.LAKE, MINNE,SOTA Facsitrrile Mayor Facsimile City Clerk PROVISIONS AS TO REGISTRATION The ownership.of the. principal of and intere.st on the within Bond hasbeen registered on.the books of the Registrar in the name of the person.lpt noted.beiow. -Signature of Date of Registration -Reggistered0wner. The :City Clerk as Registrar November 3; 2004. Wells Fargo Brokerage Service$; LLC CITY OF GEM LAKE RESOLUTION NO. 2804-25 08.NOVEMBER-200.4 A RESOLUTION ESTABLISHING THE :ORDEROF•SUCCESSION IN THE EVENT THE MAYOR AND HIS.SUCCESSORS. ARE. UNABLE OR UNAVAILABLE TO SERVE IN THE. CAPACITY OF THE OFFICE TO. WHICH THEY WERE ELECTED OR THE OFFICE.TO WHICH THEY SUCCEEDED:. WHEREAS, ali:cities in the: United States.are requitedxo establish a: Disaster Mitigation Plan to address inatters.ofptf.blic safety III the event or natural or other disasters; and VI"H AREAS, City policy has historically. required.appointment ofan Acting Mayor arthe firstmeeting in.Januat y oFeaclt:caiepdar year with said appointee to fill. in for the Mayor in his or her absence; and W HEREAS, the need for succession has been expanded by the development of a:Disaster Mitigation Plan jointly with Ramsey C.o«nty who has requested such delineation of succession of authority. RESOLVED. -that the:.City Council of the City of Gem Lake does lhereby declare the: fol lowi.ing-Order. Of Succession For The Office Of Mayor in the. event.the City's Disaster Mitigation Plan requires implementation of one or.mor3e of those in succession are unable to -serve: MAYOR ACTING MAYOR (Appointed annually in January by Resolution) SENIOR CITY COUNCILOR (based first upon:tenute in office and second by as&ndiitgalphabetical spelling of last name, flkt t name, middle name and.then ascending, date of birth) CITY CLERK and, be it. rURTHER RESOLVED,.Law.Enforcenhentsehvices.as provided under periodically renewable contract by the Ranhsey. Cognty Sheriff thus recogniing and ihnpletnenting it's established Order O.f Succession Of Authority Plan; and,.be- it Ir UI2THER RESOLVED, Fire and. Paramedic services as provided under periodically renewable contract by the City of White near bake thus recognizing and implementing it's established Ordet�Of Succession Of Authority Plan. The foregoing. Resolution was offered by City .Councilor W#41.7 and was supported by City Councilor Igo and was declared #dopted based upon the. following vote: NAME >itMEOTT WATSON, B.IRKEI3AIC. ISO $tlj3Alfd VOTE Aye Aye Aye Aye Aye ATTEST L.Frederic .C. Magnuson, the duly qual.ifiedtity Clerk ofthe. City of Gem Lake, Count+ ofRamsev, State of Minnesota, do hereby certify that the foregoin ResUlud n is:a true and. accurate. representation bf action taken by the City Council of the City cif Gem Laketon the date first written. Frederic C. Magnuson, City Clerk cue fie.b �;lo Date. e-tile: rC501U iunl?0041i u2tio4-25 CITY OF GEM LAKE RESOLUTION No, 2004-26 20 DECEMBER 2004 WHEREAS, the CityClerk lias presented a (Proposed). Budget of$197,500 which includes a (Proposed).Taz Levy. of $.I 80,000 for fiscal and calendar year.2005: based upon best estimates of costs for:rizrining the City of Gem Lake in 2.005; and WHEREAS. these estititates were reviewed by the.Chy Cbunctl in August, 20D4 acid amended based upon best information rewved:liom outside contractors,. and revised in becember,-20C4j and WHEREAS,. the City.Council. did rwi6W the (Proposed) Budget and. Tax Levy for 2005., including:ail revisions thereto as of the date first «ritteit. NOW THEREFORE BE IT RESOL ED, that the CityCowicil of the City of Gem wake does fotmallyadopt the 2005 General Fund Budget of $197,500 which includes a Net Tax Levy of $180,000 for 2005 as prepared by. 4he.Cfty Clerk; and BE IT, FURTHER RESOLVED that the City Clerk is charged. with Certifying said TaX I-evy*to Ramsey County Property Taxation and other government bodies for whom this information is required. 1'lie foregoing Resolution was offered byCouncilckpjgo andwas-supported by Councilor Birkebak andwas declared adopted - based upon the. following vote: NAME E!V[EOTT WATSON AIA"HAK: IGO 805Aic VOTE Aye Aye Aye. Aye Aye ATTEST 1. l+rderic C. Magnuson, the duly qualified City Clerk of the City ofGem Lake, Coitnfy of Ramsey, State bf Minnesota, do herebycertify that the foregoing. Resolutiod is n�true and accurate representation bf action taker by the City C94ticil .ofthe .City o[ Geln Lake on the date first written.. Frederic C. Magnuson, City Clerk Date iif 4b &.lu ciile: ri soluiirnn�?UW1No2(104-2G CITY OF GEM LAKE, RESOLUTION NO.2004-27 20 December 2004 A RESOLUTION .EMPOWERING THE GEM LAKE CITY' CLERK TO MAKE APPLICATION TO RAMSEY COUNTY ]FOR PARTICIPATION IN FUNDING MADE AVAILABLE AS HERE(NAFTER.KNOWN:ASKSCORE GRANT": WHEREAS, THE City of Gem Lakecurrently operates.a Municipal Curbside Recycling Program. for all singie. family residences within the City; and WI•IEREAS, the Gity*Councii. realizes that increased public awareness, education .and participation in this prograrp is in the best interests of :all citizens. and wishes to expand the current programwithin the administrative. guidelines established for:current City staff;.and WHEREAS, the Division Of .Solid Waste. Of the. St. *Paul-Ranrisey County Department of Public Health has made certain funds available for qualified recycling.programs within Rattise.y County. NOW,. THEREFORE, BE- IT RESOLVED, that the. City Cotitieil ofthe City of Gem. Lake. hereby'em0owers the. Citv. Clerk w apply annually for any and all Score Funding or other such grants as may he made. available from time to time by other agencies for the:sole purposeof* txpandirigg.resident parti Recycling Probram:.:cipation in the:.Gent Lake. Municipal and BE IT FURTHER RESOLVED,. that said funds shall be used in such a manner as recommended by lbe. City°s. Recycling Coordinator as approved by the City Council. The foregoing Resolution was offered 'by. Gouneil Member Igo and was supported by Council Member Birkehri.and was declat:ed adopted based upon the following vote: NAME El1EOTT f'WATSON IIHICEBAK.. IGO `SOSA`.K VOTE Aye Aye. Aye AJ,e Aye ATTEST l,.Frederic C: Magnuson, the 'duly qualifod City Clerk bf the.Chy of Gem Lake; .County of Ramsey, State.of Minnesesota, dd:hereby certify that.the foregoing. Resolution is a. true and accurate rept`esehtation of action liken by the City. Council the. City ctf.Gein Lake on the date first written. ��i M, 01 � Frederic C. Magnuson, City Clerk Certifieb Ndropij al .t o . 2004 Date c-rite: resolutiw%2004W2004:2.7 Page 1 of 1 Dorv%tecl CITY OF OEM LAKE. Defeitted. RESOLUTION NO.2004-28 (FAILED) 20 ]�ECEMBER 2004 Resolution authorizing execution and :delivery ofanrendments to documents relatingto the City's !-lousing Revenue Bonds (Boulders Apartments Project), Series.?Q A, B and C WHEREAS; the City of Gem 1,ake,:Minnesota (tlie."City") Iran issued. its S8,130.000 Senior Housing Revenue Bonds (Boulders Apatiiiient§ Pi ojecf} series 2002A,.25,000 Taxable Senior Housing Revenue Bonds (,Boulders Apartments Project) .Series:2002B: and $378,000 Subordinate. Senior iiousing.R&venueNote (Boulders Flpaitinents Project), Series2002G {together, Project) flie`Bonds') pursua and thatcertain Indenture of Trust darted-as-6fApril 1, 2002 (the.�`Indenture") by and between the City and U.S. Bank Natronal Association as trustee(the "Trustee" )and has.loaned the proceeds ofthe Bonds to Boulder Senior Livi is ng; LLC (the"13on ower"), whose:sole.metnber Vkredum Foundation ("Wedun�"j, pursuant to a Loan Agreement,. dated as of April 1, 2002 (the "Loan Agreemenf');.and WHEREAS, Wedutn. has asked the City to approve modifications to the Indenture and the Loan Agreement, permitted.pursuant to tite Indenture, to permit Wedum to convey its sole membership interest in the .Botrower to Northcountr ("Notthcountry") a Minnesota nonprofit corpora (ion; and y Cooperative Foundation .^tUVI, THERE FORE, BE IT RESOLVED By TH'B CITY COUNCIL OF THE CITY OF GEM LAKE,. M.INNESOTA, as 1`0llows 1. 'fiiat tile.forns of first supplemental -indenture and first amendment to loan agreement modifying the Indenture and the Loan A�: rcem:ent, respectively, are hereby approved.in•substantially the form on file with the City on the date hereof.. 2, That the Mayor and City Clerk.of the City are herebyauthorized.and directed•to execute and deliver oii.behalfo%f the. City the doCUadver i lya l described y paragraph I, with such necessary or.desirable and appropriate variations;.onsissions and additions as do not aciversei}: aflectthe City the Maygrin liisdiscretibn shall detennine. The execution thereofby the Mayorshall be conclusive evidence ol'sucli deteiuination, In the event that the Mayor And City. Clerk or eiO)er of them. is rrot.available, stick documents. may be. shied by any tither member of the City Council on behalf of the City. Mayor and City Clerkor either of them are further authorized to :execute and deliver, on belralf.of.die City, such other documents and certificates as are necessary or appropriate in connection with:the execution and delivery of.the documents described.in 1x1ra graph I herein. l!"In an author., the foregoing Resolution. r1llel1 haseidfu n the.followin vote: NAME 1VI.EOTT- W.A. ON BIitKE$AK ICO BOSAK VOTE 11'a Vote 11'o Pate No -Vote No Vote No Vole ATTEST I, >:rederic C: Magnuson, tfie duly quhlifjed City Clerk of the City of.Gem I:akc, .County of Ramsey, State of Minnesota, do hereby certify that the foiegoing;Resolution is a:true and accurate re.presentatiort:ofaction taken by the City Couneil of the City of Get' Lake oil the. date first written. FriWcric C. Magnuson, City Clerk. &rtif ieb &pg Date <20 Ow .;2.004% e-die:•resQlgtidjtiL004W tro2oo4-2s CITY OF GE1VI LAKE RESOLMON NO. -2004129 20 December 2004 WHEREAS, The Country, Lounge and Singh. Enterprises have applied foc.renewal of their Retail Tobacco Products Resellers llicenses:for the period 01 January 2005 through 31 December 20 5; and WHEREAS, said applicant has been similiirly.licensed in prior years in the City of Gern :Lake; and WHEREAS;. said.applicant has operated the establishrnentwith no incidents: during2004; and WHEREAS, the State .O.fMinnesotahas enacted legislation,referenceChapter227/H.r.i17,requiring.localunitsof pvernntent to establish or update local ordinances regulating retail tobacco sales. and providing.forcompl iance.checks, the cost ofwhich shall he Born by the licensee; and WHEREAS, the City has a Tobacco Compliance Ordinance 'No. 68 which became eiciive.28. February. 1998. NOW THEREFORE BE IT RESOLVED that the City Council of the City, of Gem lake does hereby -approve renewal of RETAIL TOBACCO PRODUCTS RE. LLERS.LICENSES to The Country Lounge.and Singh Enterprises for the pt:riod: of Jantimy 2005 tfirough..3.1 December 2005; and - BE IT FURTHER RESOLVED that tile.Cityrats ns tbe.right ofrevocation at any timein the.eveigt of v.ioladoo*of State laws .tir' (,it,\• ordinances regarding the retA l.si le-tif tobacco prodtioCs. The foregoing Resolution was offered by Council Member 1go and.was supported by Council -Member Birkebak and was &clared.arlaptet( based upon the following vote: NAME 9.MEOTT WATSON BIRiKEBAK VOTE' Aye AN Ave ATTEST 1, Fr ederic C. Magnuson, the duly qualifed-City Clerk of the City of Gem Lake, jaunty of Ramsey, State of Minnesota, do Ircreby:certity. that the foregoing Resolution -is a true surd accurate representation of action taken by the City Cotancil:afthe City ol'Gem Lake on the date first written. f rederic C, Magnuson, City Clerk Date &rtif ieb (U.,0hU e-file: rm.1ut41on\2004%flq? M_29. CITY OF GEM LAKE RESOLUTION NO..004-30 20 December 260.4 W. H EREAS,.Gein.Lake Hills and the Country�Lounge have applied for renewal of their Can -Sale Liquor and Special Sunday On- Salc Liquor Licenses for the period-0I January 2003 through 3 I December 2005; .and WHEREAS, said. .applicant has been sirhilaely licensed in prior years in the:City of Gem.Lake; and WHEREAS, said applicant has operatedthe establishmept without incident during?oO.4. NOW TH ERE FORE BE IT RESOLVED that the City Couneil.ofthe. City of Gem. Lake does hereby approve renewal of W- Sale Liquor and Special Sunday On-S..ale Liquor Licenses %r the period 01 January 20.05 through- 31 December 3005 for &in Lake Hills, Inc. And The Country LoungeconUn.gent upon -completing all requisites of the.Cityl 'The foregoing Resolution was offered by Council. Member Igo. and was supported by Council Member Bo§arkand was declared adgpted based upon the following vote: NAME 1MiDTT 13'ATSON B:IRiEAK. I :. BOSi,iiG': �?O'TlE Aye. Aye. Aye. ,�j>e Aye ATTEST 1, Fred¢ric-C Magnuson, the duly qualified City Clerk of the Cityof Getn Lake, County ofRamsey, .State .of Minnesota; da hereby certify'that.the foregoing Resolution NSa true and accurate representation of action taken. by the City Council of the City ofGem Lake oil the. -date first. written. ,�D �ece�n,> .0004 Frederic C, Magnuson, City Clerk Date &rtifi iwb Copi; e-file: nKoluiloifQ-0041noUN-30 CITY OF GEM LAKE 1ESOL.UTION NO.- 2004- 31 20 Da mber 2004 WHEREAS, Cafe Cravings has applied for renewal ofan On-SaIeNbn-lnfbxicating (Wine & Beer) Liquor and Special Sunday Qn-SaItNon-Intoxicating(Wine & Beer) Liquor License for the period. Ol January 200,5 .through 31,Deceniber.2005; and WHEREAS, said applicant has been similarly licensed in .the prior years in the.City of Gem Lake; and WH EREAS. said applicant has operated the establishment without incident during 206.4. NOW THEREFORE BE IT RESOLVED that the City Council of the City otbem Lake does hereby approve renewal ofa (fin -Sale NotAntoxicating. (Wine & Beer) Liquor and Special Sunday. On-:Sale.Nop-Intoxicating (Wine & Beet) Liquor License f n r tM period 01 January 2005 through 3.1 .December 2005. to !Cafe Cravings, Inc - contingent upon .completion of all requisites. of the City. The foregoing Resolution was offered by Council Member./p... and w4s supported. by Council Member Rom& and was declared o4orted based upon the following vote: NAME EMEOTT -*AT QN bIRKEBA K IGO BOS`AK VOTE. AyeL] Aye Aye- Aye. Aye ;ATTEST 14.Frederic C. Magnuson., the.duly qualified.Citv.Clerk ofthe City of Gem Lake, County of Ramsey; State of Minnes6ta, do ltcr6y certify that the foregoing Resolution is a true and accurate .representatiotr of action taken by the City Council of the City A Gem Lake on the date. first written, - r, cuci m %„ IvIdgilubvil, l.lCy LIerK &rtifieb Calm Date c=life- resolutioni20041n AKW3i CITY OF GEM LAKE. RESOLUTION NO.2004-32 -20 December 2004 WHEREAS,. the Cityof Gem Lake bias approved lawful gambling by charitable.:non-profit 6rganizatioris within fhe city; and WHEREAS, all lawful gambling by such organizations within the city limits of -the City bf Getn Lake.*is subject to all laws and ordinances of'the State of Minnesota, the County of Ratnsey; and -the City of Gem.Lake;..arid VI%H E REAS, the City Council.of the. City of Gem'.Lake:: intends.to allow gambling by cliarifable-organizations. to continue during '00_5, and WHEREAS, the: Ciry-Council *of the-Cityo.fGim Lake reserves the right to suspend or:revoke. the gambling I icense or gambling exenip6on of any organization upon review and due process.. NOW TI-JEREFORE BE IT RESOLVED that the City Council of the City ofGernlakq; Ramsey County, Minnesota hereby �Ippruves tlie. 611lowing gambling license(s) for the period 01 January 2005 through 31 December 200.5 contingent upon rumpletion.ofall reduisites.ofthe City: GAMBLING LICENSC(S) OPERATING LOCATION (.,ions Club Of White..BearLike I Country Lounge,:Inc. The. foregoing Resolution was offered by Council Member Birkehak and was :suppotKed.by Council Member.lgip and was declared uilopted based upon the following vote: NAME. EME OTT "-WATSON BIRKEBAK VOTE Aye Aye Aye Aye Aye ATT.ESt (,.Frederic C. Magnuson,.the duIy.quaiified City Clerk of the City ofGem Lake., County of Ramsey, State of Minnesota, do hereby certi& that the:foregoing ReWlutititi is a'true and accurate representation of action taken by the City Couhc.ii of.:tlie City of Gem Lake on the date first written. xe&x6C -C ,� 20 -Tecmt W, 20011: Frederic -C. iMagnuson,:City Clerk 'Datie ifiieb &pg c-fife:.resohi ioif,20=no2004-32 CITY OF GEM LAXE RESOLUTION NO.2004-33. 20 December 2004 WHEREAS, the City of Gem Lake.provides.sof ervices as. well as dissemination puhlic. information to all persons in accordance y with United Stales, State of Minnesota, Copntyof Ramsey, And City of Gein.Lake laws and ordinances; and WHEREAS, said services.and dissemination of information.have exceptional casts*associated with providing same to.the general pu.il.icwhich. are beyond budgeted costs; and WHEREAS: the City ofGem Lake wishes to establish a fair and uniform basis for providing said.services and infennation to -all persons so requesting. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Gem Lakedoes hereby establish. and approve the rates and. fees set fotih in the."CITY:OF GEM LAKE 2005 FEE SCHEDULE" attached hereto for the use of the City. staff in providing said services and information, said rates to become effective on the first day of January 2005 and to:be reviewed mutually thereafter unless otherwise required. The foregoing: Resolution was offered by Council Member Ig? .and was supported by Council Member Birkebalc and Nvas declared.adopted based upon the following vote: NAME EMEOTT WATSON :BII 40AK. VOTE Aye Are Aye ,tlyye Aye ATTEST I. Frederic.C. Magnuson, the duly qualified City Clerk of the City ofGem Lake, County:of Ramsey, State of Minnesota, do hereby certitvthat the foregoing -Resolution is a true and accurate representation of action taken by the Cite Council of the City O f Gem: Lake on .the. date first written. Frederic C..Magnuson, City Clerk Date' ttertrI CIO CopB c-flc: reso1utiot00004ino26(W33 CITY OF GENI LAKE 2005 FEE SC:HEOULE I)OCCIMENT REPRODUCTION & RESEARCH 01 -50 Pages Self -Addressed $lO.Otlperdocument $ I or more Pages Stamped $ 10.00'0er. doetitnent Envelope..:Required + $0,15 per page over Sl page$ COMPREHENSIVE PLAN Comprehensive Municipal Plan $ 35.0.0 pei doaumt nt Local Watershed.Managernent Plan $ 35.00 per document -DOCUMENT RESEARCH Staff Time (15-m'inute-tniifimum) S.85.00 per hour PROPERTY &.ASSESSMENT SEARCHES Assessment Searches SAS Envelope 1tequired S 10.00 per address/PIN Property PIN Facsimile or Voice $ 10.00 per address/PIN Legal Description Contact Ramsey County Property Records ,Revenue ('ITY PROFESSIONAL SERVICES Outside Cotisultant Services {Engineer. Attorney,.etc): With City. Clerk Approval & Sigiled-Cost Sharing Agreement Actual Cost tilled.p(us IS.O•�a Service Charge. Zoning Administrator S 85.00 per hour BUSINESS LICENSES Orr -Sale'. Liquor City Statutes $1,800.00 annually Special Sunday On -Sale Liquor State Statute $ 200.00 annually Wine & .Beer:Gn-$ale City & State Statute S 600.00 aiihWly Off -Sale Liquor State Statute S 100.06 annually Charitable Gambling State Statute 11.06.00 annually Retail Tobacco Reseller 2001 City Statute 3250.00 annually Adult Use Business License Adult Use Investigation 2004 City Statute 2004 City Statute $2,100.00 annually $ 7.00.00 origination CONSTRUCTION PERMITS, LICENSES & INSPECTIONS In accordance with establislted.State-schedules and as modified, frotn'titite to time, the. Building Inspeetg_r.4j,.Stateof MN. and/or die Oty of Gem.Lake. Plan Review All Commercial, Residential Additions, and Structural Signs. B1dgFees05 & flan Review Relocation of Dwelling Permit Per Structure pfus.1301ding Permit $ j60,09 DentoIition Permit Per Residential: Structure .Per Commercial Structure $ 25.00 $ 1.00.00! Building.Pennits Includes Inspections listed BldgFees05 & Plan Review NPDES Pert -nits Included Ppr- 1.0+acres Disturbed BldgFees05.&-GradinUFees65 Plumbing Permits Includes Inspections I isted* ISTS. Phil'ces05 CITY OF GEM LAKE 200$ FEL Sr. H.EMLE CONSTRUCTION PERMITS, UCENS99 &.INSFIFC. TIONS (eaa qugd) Niechanical .Permits Itta[udes_ ins pections.List_ed MechFees05 Electrical Permits Cnaludes-Inspections Listed Elec.Fees05 Grading.&. Filling: Permits Includes Inspections Listed Gradrees05 (May Require NPDES ;Fill Evaluation or Assay) 13urning.Permits .Per Application,.. l PerParcel Per Date. No Charge Fire Inspections Required:.Annually - Ordinance No. 77 FireFees05 Sign Permits Temporary Signs (30 Day Limit) No Charge Pen;itanent Sign - Replacement $ A.0Q per -application Wall Mount Signs -.New $100.00 per Application Structural & .Free Standing Sign - New $ 50.00 + Bldg & Plan Review .7A1►f�l(T Y^I ISY TT�t\�� �i...-.=. �. All Electrical & Lighted Signs, Above ElecFees05 c.v.tvia� �,,. u tSIJi v 1a> VIV 6r. LAND USE MATTERS Request for.Rezoning Per Request & parcel $ 500.00 Variance fi oin: City Ordinances Per Variance: $ 150:00 Subdivision of Lands Minimum Fee $ 300.00 per application Minor Subdivisions (2-3 Lots) $ 300:00 per. subdivision Majgr Subdivision (4.+ Lots). $ I00.00 per lot created Special Use Permit. Per.Applicatiort, i Per Parcel $ 150.00 each Interim Ilse Permit Per Application, I Per Parcel S 150.00. each 2' Topographical Maps 'Per Map. (6 Total. for City) $ 250.00 per map CD-ROM Version $150.00 per CD Aerial Photos (Laminated) 1940;.1953, 1974, 1985, 2003 $125.UI} per photo ?.I. W C.it AG ALLA i LIU UHAKGES Residential Sewer User Charges Annually,. Per Unit S I;0.,0{} Commercial Sewer User Charge Annually, Per Unit l30.t10 Industrial Sewer User Charge. Annually, Per Unit S 130.00 Metered Sanitary Sewer Charge -S I:30.pet, 1.06i} gallons Industrial :Strength User Charge .Per MCES Schedule Sever Availabiiiry arges Metropolitan'Councii Connection Charge S I::150;00 City of Gem L,ake:Connection Charge $ 650.60 Sewer. Connection- Oermit New Constivction*Only S 200.00 per.. perniit. Sewer Changeover Permit Chano6veffrdm Septic $ 2A.00 pu pe.rtnit (Septic Pump.Record, Disconnect, Seam Included) fiewer. Reinspection Fee Reinspeetion & Cail Backs $ 85.00-per hour SEWER & RELATED CHARGES (continued) Sewer Contractor License lSTS (Septic) lnspection5. ISTS Reinspection. Fee Even Yeas her Ordiname I BOA biiEiW License �100.b0 Aluival Renewal . $a5:00 per ISI'S :S -0.00 per hour The fees .and charges stated* or referenced- herein were approved by the Gem Lake City Council on 2.0. 17eceFhber 2004 for implementation on 61'.J'anuary 2.005 by means of-adoptioa of Resolution No. 20.0433. Supplemental feesnot stated herein and 'as required ttiay be assessed by the City Clerk.. Update:d:.20 December 2004. able: Fcce,71105VOOSAFcexmo