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HomeMy WebLinkAboutRES 2005v 2005 Resolutions Resolution Desm'Lion. 2005-01 Gem Lake Appointments 20.05-02 Reco' ni - zing City Councilor Pat Igo 200.5-03 Recognizing City Councilor Roland Birkebak 2005-0.4 Documents for Boulders apartments Project 2005-05 Legal Defense for Annexation 2005-06 Sewer Budget .2005-07 Hillary Farm Plat Ap2roval 2005-08 Pratt Subdivision 2005-09 Belair Excavating Sewer Contract Amendments. 2005=10 McNulty Developer's Agreement, Hill Farm 20.05-11 VLAWMO Joint Powers Agreement 2005:-12. Osterkarnp, Variance 2005-13 Countywide Emergency Operations Plan 20.05-14 National Incident Management. System 2005-15 Promoting Use of Intrastate Mutual -Aid Agreements 2005-16 Amendments to Ordinance 43F 2005-17 Amendments to Ordinance 58A 2005-1 S VLAWMO Joint. Powers .. .eement 2005-19 2006.Proposed Bud et 2005-20 Ramsey Countywide All -Hazard N iti ation.Plan 200.5-21 Granlund Variance 200.5-22 Score Grant 2005-23 Scheuneman Road Sewer/Road Pro'.ect: Cost M9.ds%hpnt 2005-24 Public.Hearing on Scheuneman Road- Sewer/RoadPro'ect 2005725 A ointments to Joint WBT Committee on Town Hall Project 2005-26 City Water Plan Studies 2005-27 VLAWMO Joint Powers A -eement` .2005-28 Repeal Ordinance 1.2, .Enact Ordinance 69 2005-29 Scheuneman Road Sewer/Road Project Assessment Roll 2.0.05-30 Country Lounge Pamblins License. 2005-31 Gem Lake Hills; .Coun Lounge Liquor License 2005-32 Country Lounge, Singh Ent e 'rises Tobacco License. 2005-33 Cafe Cravings Non-Intoxicatiri g Liquor License 2005-34 2006 Budget CITY OF GEM LAKE RESOLUTION NO.2005=01 24 January 2005 A RESOLUTION APPOINTING INDIVIDUALS AND FIRMS TO PERFORM THE FUNCTIONS NECESSARY FOR THE GOVERNING BODY OF THE CITY OF GEM LAKE, RAMSEY COUNTY, M.INNESOTA. WHEREAS, the individuals and/or companies identified below have agreed to serve.:in the appointed positions:identified for the period 01 January 2005 to 31 December 2005; NOW;. THEREFORE BE IT RESOLVED dint. the City Council of the City of Gem Lake .dw4 hereby:make;the following appointments; 01) Acting Mayor (In The.:Mayor's Absence) Mr: Richard Bosak 02) Chief Building Official Mr. Alien Zeppei 03) Building Inspectors Mt. Allen Zepper, Ms: Cindy Shilts, Mr. Jim 1vlanteufel 414) Plumbing Inspector Mr. Allen Zepper 05). 1STS Inspector (Nd%V Systems) Ms. Cindy Shilts 0(1) ISTSInspector (Bi-AnnWInspectibns) Mr,.DaleEklin 47) Mechanical/HVAC.Inspector Mr. Allen Zepper 08) Electrical Inspector Mr. Jim Manteuflel,:Sumniit Inspections 09) Weed Inspector Mr. Paul Emeott .10) Assistant Weed Inspector Mr. Frederic Magnuson 11) Septaee Administrator Magnuson & Associates, LLC 1.2? Co -Zoning Administrator Mr. Paul Etneott 13) Co -Zoning Administrator Mr. Frederic.Magauson 14) NPDI-S.Inspector Mr. .PautEmeott 15) Sewer Inspection/Maintenance Contractor City of Vadntais Heights Ib) 'Snow Plowing & Sanding. Contractor T. A. Schifsky -& Sons,.1hp. 11) Community Health Officer Dr. Rolatid Birkebak 18). City Prosecuting Attorney Meslow Bc.Qlsori, LLP I)' Ciry.Attarne) Leonard; O'Brien,.Spencer. Galc &Sayer 20) City Treasurer Ms: Sarah Cobian 21) City Clerk Mr.. Frederic Magnuson 22) City Offices, Administration,& Permit Administration Magnuson &Associates, LLC 23) City Engineers Short, Elliott & Hendrickson 24) City Planner Short,..El1'tott & Hendrickson 25) Official City Depdsitory- .Premier.Bank. White .Bear Lake 26) Official City Publication White Bear Press 27) Planning Cbra fission Mn Jack..Hoeschler, Chairman Mr. Jim Lindner Mr. Derek Wippich Ms. Kathy Robins. Mr. Al Becicka 28) City -Recycling Administrator Magnuson & Associates, LL.0 29) City Recycling Contractor E-Z Recycling, Inc. 30) Law Enforcement Contractor Rainsey County. Sheriff 31) Law Enforcement Representative Mr. Frederic Magnuson 32) Fire.. Paramedic Contractor White Bear Lake .Fire Department 33) City Code. Enforcement Magnuson & Associates;. LLC 34) Animal Control Officer Mr. Patrick Igo & Mr. Frederic Magnuson 35) Public Works Commissioner Mr. Jirn Lindner 36) Ramsey County League of Local Governments Mr. Paul Cmeott. Direct6r.2005 Mr: Richard Bosak, Alternate, 2005 37) VLAWMO Representatige 'Mr. Paul Etrieoti. Rrsolution No. 2005-n1 24 January*2005 The foregoing Resolution was offered by. Councilor Watson and was supported lay.Councilor,S hyfirrgand was declared adopted rased u dn. the followin vote: NAME EMEQ ' W,ATSON 'B)fRK.EBAK VOTE Aye .Aye Aye Aye -Aye ATTEST L Frederic C. Magnuson. the duly qualified .City CIerk of thetity of Gem Lake, County of Ramsey, State of Minnesota; do hereby certify that the .foregoing Resolution is.a true and accurate-representatiolr 6f&tion taken by tbe-City Coitneil ofthe City of Gem Lake on the date first written. Frederic C. Magnuson, City Clerk Date Ce-tiffjeb Cop-B i •e-fik: resalationl?605 no2otK-0I CITY OF GEM LAKE RESOLUTION 'NO.2005-02 24 JANUARY 2005 A RESOLUTION RECOGNIZING PATRiCK [GO FOR .HIS SIGNIFICANT CONTRIBUTION AS A CITY COUNCILOR TO THE RESIDENTIAL AND BUSINESS CITIZENS OF THE CITY OF GEM LAKE DURING .HIS 12 YEAR TENURE FROM 1993 THROUGH 2Op4, WHEREAS, Patrick Igo was duly elected as City Councilor in the General Election held in.November; 1992 and tools the Oath oi' Office administered.by Ramsey CountyAttorney Susan Gaertner in February, 199§? and WI.IEREA$, Patri4klgb has served -the -community ofGem .Lake continuously ror.twelve years in his capacity as City Councildr with a true -sense of -purpose; conviction and high*standdrds attendant with the. office: and WHEREAS,. Patrickigo.has voluntarily sei additional capacities without expectation of reward.and in the best interests ofthe cone unity;.and W11 EREAS, Patrick Igo. has tendered his resignation effective 31 December 21 now, -therefore, be it RESOLV.ED,that the City* ounCiloftheCitjofGeniLake:doesherebyacknowledgetheverysignificantcontributionsofftkick Igo during his bvelve yeaTs:oPttnselitsh.service to the-Geib-Like t hrmnunity and offers this resolution as.a public .statement of the community's profourid'thanks for his efforts. The forcgoingjk-esolution was offered by -Councilor Waison and was supported by.('QyncilorS"chiffi.►ig and.was declared adiiriter( based upon the following vote: NAME: :i MEOTT. :WA'-M. 'N BYRKEBA)fC IGO BOSA7 VOTE Aye Aye Aye Aye Aye ATTEST I., Frederic C. Magnuson, the. duly qualified City Clerk of the City ofGem Lake, County of Rai State of Mioitesota, do hci clay certify that the foregoing..Resolution is a true. and accurate representation ofaction*.taken. by the City Council. ofthe City of Gem Lake -on the date first written. Frcdet•ic C.1Nagnuson., City Clerk. &rtif ieb eopu Dafe c:410; resulutiant�00<mo2005=t)2. CITY OF .GEM LAKE RESOLUTION NQ.-2605=03 24 J'ANUARY 2UQ5 A RESOLUTION RECOGNIZING DR.. ROLAND BIRKEBAK FOR HIS SIGNIFICANT CONTRIBUTION AS A CITY' 'COUNCILOR TO THE RESIDENTIAL AND BUSINESS CITIZENS. OF THE CITY OF GEM LAKE DURING HIS 10 YEAR TENURE FROM 1995 THROUGH. 2004. WHEREAS. Dr.:Ro.Iand Birkebak was duIyelected as.City. Councilor in the Generaf Election held in November,1994. and took the Oath. of Office -administered by State Senator Linda Runbeck.in.JaWary, .1"5-, and WHEREAS;. Dr. Roland B.irkebak has served the community of Gem Lake: continuously for On. years hi -his capacity as City Councilor° with a true: sense of purpose, Conviction and high standards attendant with the offce; and WHEREAS, Dr.Roland Birkebak has _voltttitafilyserved in additional capacities without4xpe6tation ofieward and. in the*best ituerests of the community; and WHEREAS. Dr. Roland.Birkebak has tendered his. resignation effective 31 December 2004; now, therefore, be :it RESOLVED. that the. City Council of the City. of Gem Lake does hereby acknowledge the very significant contributions.of Dr. Roland Birkebak. during his ten years of unselfish service to the Gem :Lake community and offers this resolution.as. a.public statement of the community's profound thanks for his efforts, The foregoing Resolution was offered by Councilor Watson and wassupported by CouneilorSehilli 4artd was declared. adopted based upon the following vote: NAME EMEO'iT' 'VI!ATSON :BIRICEBAK IlA`. BQSIAK: VOTE Aye Aye Aye Aye Aye ATTEST 1. Frederic C.'Magnuson, the duly qualified City Clerk. ofthe City of Gem LakeSounty. of Ramsey, State of MhInesota, do hereby certify that the foregoing .Reso.lution is a trtie4nd accurate representation of.action taken by the City Council of the. City of (3em Lake on the date first written. f Frederic C:. Magnuson, City Clerk Date c-file: reso1ntiotQ0Wjio2005-.03 CITY OF GEM LAKE RE90LUTION NO.2445-04. 24 JANUARY 2005 A Resolution authorizing execution acid delivery of documents that supplement and amend certain doeutiteats executed and delivered by theCity-bf Gem Lake with respect to the issuance.of certain revenue obligations by the City of Get" Lake. to finance tite .acquisition, construction, and equipping.of the Boulders. Apartments Project WH EREAS, pursuant to the.ternis.of an Indenture of Trust, dated as of. April 1, 2002 (the Indenture"), by and between the City of Gem Lake, Minnesota.(the "City") and U.S. Bank National Association; as trustee (the"Trustee"),.the City previously issued its: (i) Senior Housing Revenue Bonds (Boulders Apartments Project) SiMes.2002A (tile "Series 2002A Bonds")-, in the original ag;;regate principal amount of $&,1:30;000; (ii) Taxable Senior Housing RevenueBbnds (Boulders Apattments Project),.Series 2002B (the "Series 2002B Bonds'); in the original .aggregate principal amount of $225,000; and(iii) Suliordinate Seitior Housing Revenue Note (Boulders Apartments Pmject),.Series 2002C (the "Series 2002(Z Note"'), in the original .aggregate principal amount of S378,000. The Series 2002A Bonds; Series 2002B. Bonds; and Series 2002C Note are hereinafter referred to col lectively as the."Bonds." The.City loaned the proceeds derived from the sale of the Bonds to Boulder Senior Living, LLC,. minliesotalimited. liability company (tile "Borrower"),whose sole member is J.A. WedumFoundation,aMittnesotanonproftt corporation ("WOwn"), oursuantto the terms of a Loan Agreement,.dated as. of April 1,:2002 (the "Loan Agreement" ),between the City and the Borrower. The.. Borrower applied'the proceeds of such loan to finatice :a portion of the costs of acquisition, construction and equipping of a ninety-three: (93) unit multifamily rental housing facility for senior residents; known as the Boulders Apartments Project (die." Project"); and WHEREAS, in order to facilitate tile. transfer by Wedum of its sole membership interest in the Borrower to Northcountry Cooperative Foundation, a Miuiiesota.nottoroftt corporation ('Northcountry");.the Borrower leas requested..that. the City approve hi6diftcatiohito the-litdenture, the Loan Agreement, and the Declaratioti.of CoVenants and Restrictions, dated April 29, 2002 (the "Declaration"),. of &e Borrower, in accordance %vial thelerins and conditions of the Indenture; now, therefore be it RPSOLVED by the City Council _of the City Of Gem 1 ake,.Raiusey County, Minnesota...as follows:. j 1. That the following documents are hereby approved in substantially the forms on file with the City on the .date liereoP4 (.i) the First Supplemental Indenture of Trust, dated on or after February .1, 2005 (the "Supplemental indenture"), between the. City Mid the Trustee (ii) the.First Amendtnent..to. Loan Agreement, dated on or a*fter.>=ebrumy 1, 2.Q05 (the "Amendment to Loan Aggreement"),between tite City and the Borrower. and (iii) the Amended and Restated Declaratioh.of!Covenants.and Restrictions, elated onor alter February 1, 2005 (the "Amended Declaration''); of the Borrower; And, 2. That the. Mayor and City. C.lerkofthe.Cityare hereby authorized and directed to execute. and deliveron behalf gftim City the Supplemental Indenture, the Amendment to Loan Agreement, :and the: Amended Declaration, with such necessary or appropriate variations, omissions; and additions as do not:adverWy aMettkiCity, as. the.Mayor in his discretion.shall determine. Tht execution thereof by the Mayor and. the City Clerk shall be. conclusive evidence of final. approval of the terms of such doct,inients. In the event that the Mayorand City Clerk or either of them is not available, such documents maybe signed by any, (Aher-tnember.of the City .Council..on behalf of the City; and, 3. The Mayor and -City Clerk .are ]hereby further authorized to execute and deliver, on behalf of the City, such other documents and certificates asare. required.by Kennedv &Graven, Chartered, as boitd counsel, or as are necessary or appropriate in connection with the.execution and delivery of the documents. described herein. 'rhe foregoing.Resolutiott was offered by Councilor Watson and was supported b , Councilor 8osnk and was declared adowed based Won the fo.11owins voter NAME EMJEOTT WATSON. 13QSAw RASM°.USSEN SCHILLING ' VOTE; 1Nav Aye Aye Aye Aye RESOLUTION NO.;O 5-04 Page.2.of 2 ATTEST l; Frederic C. Nfagnuson,.the duly qualified City Clerk of the.City-pfClem Lake. County of Ramsey, State of Minnesota, do her eby'cei•tify that the foregoing Resolution is a trt d*and accurate representation of action taken by the. City Council of the City of Gent lake on the date first written. Frederie.C. Magnuson, City Clerk. Certif ieb Copil bate : t=fife; : resoluti�tii12UQ5���o2UU3-U4 Flk-ST SUPPL$MENTAL INDENTURE OF TRUST This First, Supplemental. Indenture of Trust, dated as of 1,2005 (the."Supplemental Indenture"), is roade.and entered into by and between the City of Gem Lake, Minnesota,,! statutorycity and .a political subdivision ofthe State of Minnesota (the "City"), and U.S. Bank.Natioiial Association,.a national banking association with a.co►porate`trust office in Sainf.Paul, Minnesota,:hi trustee (together with any sttccessbrtrustee hereunder, the "Trustee').. RECITALS W H I R GAS,:the City and the Trustee entered into an Indenture of?rust, dated as of April 1, 2002 (the"Originai.hidenture"), relating to die issuance by the City of its: (i) Senior Housing Revenue Bonds (Boulders. Apartments Projects Series 2002A (the "Series 2002A [fonds"), in the original aggregate principal amountof$8,130,000;.(ii)Taxaole Senior Housing Revenue.Bonds (Bou ldert Apartments Project),. Series 2002B (the"Series 200213 Bonds"), in the original aggregate principal amount ofS.225,000;. iifit] (ii i) Subordinate Senior Housing. Revenue Note (Boulders Apartments Project), Series A.M. (tile ".Series2.002C Note"). in the original aggregate principal amount of $378,060 (collectively, the "Bonds".) -and WHEREAS, in order to, cure any ambiguity regarding the authorization for -the substitution. of Northcountry Cooperative Foundation, a .Mitnesota nonprofit corporation and 5.0I (c)(3) Organization (as-de6ned in tlie.Original Indenture) as the sole nicin ber o f Bou Ider Senior Living, LLC, a Minnesota limited liability company (tlie" ]3orrower"), tb6Bortower.lias requested that the definition of `'Sale.Meinber` setforth in the. Original Indenture. be modified and clarified as set -forth below, consistent with the prop isions of (i) the. I»te►•nal Revenue Code of.1:98b as.ameoded, with respect -to "qualified 501(t)(3) bonds"- and (ii) the amended definition of "Sole Member" set forth in'tbe First Amendment to Login Agreement, datod oil ot-Mer February 1,.2005 (the"Ai iendinent to Loan AgreemenY7, betweetithe City and the BorrgWdraid- WHERFAS; the City and the Trustee have determined that the executionand delivery of the Supplemental. Indenture and Amendment to Loan Agreement.:are authorized by applicable.provisions ofthe Original Indenture without the consent of Bondholders (as cletined.in the -Original indenh►re); NOW- Tl iEREFORE,.in.consideration ofthe foregoingRecitaisandthe..terms and conditions set forth below, the parties hereto agree as 1,61loWs: Section 1. The definition of"Sole Member," set forth in Article I of the Origi►ial.Indenture is.. hereby amended.to read: as follows: "Sole Member" means T.A. Weduin Foundation, a Minnesota nonprofit corporation. and 501(c)(3) .Organ.iaation,. and Northcou►itry Cooperative' Foundation; a Minnesota nonprofit corporation and. 50.1(c)(3) organization. cSactiOn 1 The definition of -Subordinate Debt set forth in Article I of the Original indenture shall be..and is hereby amended to .read. as follows: -Subordinate Debt"'meansthe Note, the Ramsey County HRA loan in the original abgrebate.principal amount of $150;000 and any Subordinate Additional Debt. Section 3. The definition of Subordinate.Additional Debt set forth in Article i of theOriginal .indenture shaI I be and is hereby amended to read as follows: "Subordinate Additional Debt means any debt incurred by -the Bor ow& (a) with the consent.era MajorRy of Holders that, so long- as any Senior Indebtedness is outstanding, is entitled ttx be paid solely on parity with the Note froth Net Revenues. ,Available for :Subordinated Debt Service, or which. is subordihate-in right ofpayment.to the Note or any other Subordinated Additional Debt, or (b) is entitled to be paid solelyfro►ri fundsreleased to the Borrowerfro►n the Gein Lake Surplus Fund or the While Bear Lake Surplus Fund. SOc6617 4... Section of 13.07 of the Original indenture regarding. notices. and .other communications. to. the City; the lorrower; the Trustee, and others .is hereby amended. by adding a new paragraph to read as follows: A:li .r the substitution of Northcottntry Cooperative Foundation as Sole McRiber in place of J.A. Wedutn F6iindatioh,.ai1 cumniunications.to the Borrower shall be made to ttte following. address: ► o the Burrower: Boulder Senior Living; LLC c/o Northcountry Cooperative Foundation 214 Main Street SE, Suite 500 Minneapolis, MN 55414 Attn: Executive Director Section 5... Miscellaneous ('n) Conjimotio►t of lndentum Except as. specifically provided otherwise. in this' Supplemental Indenture, all of the provisions of the Original Indenture shall continue in full force and. effect. (l�l Ce.m.m.erpaw-p. This -Supplemental Indenture may be executed simultaneously crone or more counterparts; and each counterpart shall be an original and all of which sltall constitute but one and the same agreement. (The retnainderof this page. -is. ihiWintionally left blank.1 IN WITNESS WHEREOF, thisfirstSupplemental IndentureofTruschasbeen clulyexecuted and delivered by theproper officers .theregnto dilly authorized * the:ciay and year first.above written. CITY OF GEM :LAKE; MINNESOTA. BY. sl+layor By: City Clerk FIRST AMENDMENT TO.LOAN AGREEMENT -I his First Amendmentto Loan Agreement, dated as of 1,.2005 (the "Amendntentto.Loan Agreement"), is made and entered into b and between the City of Gem Lake, .Minnesota (the "City") and Boulder Seniq Living, .LLC, a Minnesota limited liability company (the'"Borrower"). 'RECITALS WFiC. EAS,theCityan. theBorrowetenteredinto.a:LoanAgreement,datedasofApril.1,:2002(the"OriginalAgteentent"), pursuant to. which the City agreed to loan to the -Borrower the: proceeds .derived by the. City from the sale of the following obligations. issued by the City under the teens of an .Indenture of Trust, dated as of ApriI i, 2002 (the "Original Indenture"), between U.S. Bank National Association, as. trustee (the "Trustee"), and the City: (i) Senior 1-lousing Revenue Bonds (Boulders Apartments Project) Series.2002A (the "Series.2002A.Bonds"), in.the original aggregate principal amount of $8,130,000; (ii) Taxabl:e.Sen.ior HousingRevenue Bonds.(136iflders Apartnient0roject); Series200213 (the "Series 2002B Bonds"), in the original. aggregate principal amount of $225,000; and (I'll) Subordinate Senior Housing Revenue Note (Boulders Apartments Project), Series 2002C (the "Series 2002C Note"), -in the original aggregate principal amount of $378;000 (collectively, the "Bonds"); and. WHEREAS, capitalizedterttts usedbut.not defined herein shall have the meaningsassigned to them in the Original Indenture and the,.Original Agreement, except as speed ically amended herein; and WHEREAS.. the l3orro' wet lias regtiested that the Original Aateemenfbe amended as provided herein in connection with the transfer by J.A. Wedum Foundation, a Minnesota nonprofit corporation ("Wedurti"), of its sple. membership interest in the Borrower to.NoMicountry Cooperafive:Foundation, a.Minnesota nonprofit.corporation ("Northcottntry');.and WHEREAS, Northcountry isa. Minnesota nonprofit corppration.andA561'(e.)()) Organization;.and WHEREAS, the City and the Borrower, with the consent ofthe Trustee, have determined that the requirements ofSection 12,01 oftheIndenture have been .satisfied. as.d.ieyreiater-tothe amendmento.fthe Original .�Agreemontwithoutthe.consentofthe Bondholders, in that amendments are not to the prejudice ofthe Trustee; the Bondholders; brtlie holders ofany Subordinate Debt, ivC)W, THEREFORE, in consideration. of the foregoing Recitals and the terms and conditions set forth below►, the parties hereto agree as follows: S'ecitan 1. The definition of "Sole Member;" set forth in Article I of the Original. Agreement is hereby aiitended in its emii-etv.t.orcad as follows: "Sole Mernbee' means J.A. Wedum Foundation, a Ivlinnes6ta noriprofit-corporation and 501(c)(3). Organization, and Northcountry Cooperative Foundation, a. Minnesota nonprofit corporation and 501(c)(3) Organization, ,See ioi?2. Section 8.02 of the Original Agreenientregarding notices and other cotnn1unicationstgthe. City, tlre...Borrower, the T rtistee. and others is hereby amended by adding a new .paragraph to read as follows: Alter the substitution of Nordtcountt}y Cooperative Foundation_ as Sole Member irk place of J.A. Wedum Equndation, all communications to the Borrower shall .be made :to the following, address: To (lie Borrower: Boulder Senior Living, LLC c/o Northcountry Cooperative Foundation 219 Main StreetSE, Suite 500 Minneapolis,. MN 55414 Attn: Executive Director 25h23a8v t Amendment io t.e)an Agreement :Section I Except.as ainended herein, the Original Agreement shall dontinue in full forceand effect. (The remainder ofthis page is. intentionally left blank.) 3561348.v1. An►cadment l0. Loam Agreemcm IN WITNESS WHEREOF, this Agreement has Been duly executed and delivered bythe proper officers thereunto duly authorind on the day and year ridt.&6ve. written. CITY OF GEM LAKE, MINNESOTA By: Mayor By:. City Clerk 256734.80 Atncndiwnt to Loaii Asreemcnt Execution page of the Bojwwer to the First: Amendment to. -Loan :Agreement, :dated as of 1., 3005. BOULDER:S.EN[OR LIVING, & I -A Its: 2562348V I Amendwent to Unn Atreement RED LIN C VERSION AM ENDED.AND. RESTATED DECLARATION OF COVENA14TS AND RESTRIOTIONS 'PHIS AMENDED AND RESTATED DEC- LARATION is [Wade as of the -eO­ :day of April,? ?February 2005, by BOULDER SENIOR LIVING. LLC, A MINNESOTA LIMITED LIABILITY COMPANY (the1"BORRO.WER-4." W1..TN. ESS'.ETH: WHEREAS, the BORROWER Is the owner o(certai# real property located: jn Ramsey County, Minnesota, legally described on Exhibit A -attached hereto and hereby made -a part Hereof{the =PROPERTY.mn, and WHEREAS, the BORROWER intends to eens has.construeteda93unit housingdevelopment(the "PROJECT") on ilia PROPERTY; and WHEREAS, the cost. of constructing the PROJECT 4ill-beiv�as financed in part with.the.proceeds ofthe $8, 00,0.00. City of.Gem Lake, Minnesota Senior Housing Revenue Bonds:(Boulders; Apartments Project), Series 2002A, the.$'250,Q00 pity ofGetn Lake; Minnesota Senior 6lousing.Revenue. Bonds.(Boulders Aparmterats Project), Series 2002E (the "BONDS"); and WHEREAS, as a condition to;agreeingta issue'-the.BONDS, GEM LAKE.required-that-thbBono%mBORROWER agree to restrict.the use and occupangy-6fdwPROJEf�'I', ; and WHEREAS, the Declaration contained certain covenants and restrfetions which were ftttetided to run with the Land and be:bindina upon the BORROWER,10 successors and assigns; and WHEREAS, nursuantto its teram the ORIGINAL DECLARATION may be amended with the wrftten consent of the. BORROWER, Gem Lake and. the. City .ofWhite B&arLake, Minnesota("WBL")• and WHEREAS; the BORROWER executed and delivered that certain Declaration of Covenants and. Restrictions, dated April 29 2002 and caused the same to be recorded 2002 .in the office of the County Recorder of Ramse • County as Document No. the "ORIGINAL !7ECLARATION" 25G230v 1 Amcfxlmciu. to Loma Agreement WHEREAS, this Amended DeclarationofCovenants and Restric#ions(the"AMENDEDDECLARATION'. shall sunersedeand terminate the ORIGINAL DECLARATION: WHEREAS, in .order to satisfy the requirements of GaM LAKE, the BORROWER has executed this D-��oi " MENDED DECLARATION, and WHEREAS, the BORROWER, with the written consenfof Gem ke.and .WBL, evidenced by their execution of this certificate. proposes.to amend the Declaration as provided herein. NOW, THEREFORE, subject to the conditions set forth herein, the BORROWER floes hereby impose upon the PROPERTY the folloWhigeovenants and restrictions which shall be covenants running witli the land and shall be binding upon. the BORROWER; its successors and assigns,.and shall inure solely to the.beneftt.o.f GEM LAKE and the Eitt of him Bear beke; A: The BORROWER represen ts, covenaptsandagrees that, to the extent perm issible under the federal Fair Housing. Act. and Minnesota -law, the PROJECT will: be. designed. and used::.: fYli ig the`:term.:of;this:;AMENDED'pECL;ARATI.0 1`: ' eXClus eljs'as' a.senior '..h.o ing:........ :.PROD CI •for.::accupanc"y by lmuse holds:in:wHich at::leasf.onaaccupant:is a e:55':yeamoelblda. rtti ll>e:event:the::forin.oCownersiiip of:the.PROI CTis`conyertedto:acommou:mteresfcouiriiunity;:BORROWER-maysatisfyth&foreaoin ceguiremenf:by iiitlut3in>x`in.:-the:documents:`esfaliIisl...... ;the:.coynmop:'i i#eras#':ei ir►itiuoitV'•:uroyisipris rcauiring_that;ao:ahe':'extent°per."missible'.under:.t e'fMeral Fair:Housing Act:and Minnesota law;':units. in: the BROT. JEC .tie oeau,pied:bv=householdssn::which-at <ieast:one of the occupants'is gee 59,arld ai�dtrr: B. The term ofthis.AMENDEDDEC:LARATION shall extend froinOtte date4ereo4of the ORiG INAL DECLARATION fora:period'9P35 years, During fate term of thi9►MENDED DECLARATION the BORROWER, so long:as the Bonds are not citAstanding, ntayrequest the modification.to aaUrniination of this AMENDED D:F CLARATI.QN and. demonstrate..thatAe: of0ditiieation or terinination of this AMENDED DECLARATION. is necessary to. ensure the @tonomic viability of the PROJECT which modification or temination is subject to the written approval of GEM LAKE and, Wal,; which appro.val'maybe.granted orwithheld•.in the -sole discretion of GEM LAKE and WBL. C. In the -event that the BORROWER:(or-phy entlty succeeding to the interest of the. BORROWER hereunder) shall default in its performance -or Qbservance of any covenant,.agreement or restriction •sea f6rth herein and:such .default shall remain uncured fora period of -thirty (30) days. aftentotire thereof shall have been given by GEM LAKE or WBL to:the: BORROWER (or any entity.succeedingto th6inter6st of the BORROWER hereunder), then in. alitll:case, GEM I1AKE or WBL may institute and prosecute any proceeding*atlaw or in equity to abate,•prcvenc or enjoin any such violation. D. The BORROWEI. (6e--anj+•entity succeeding to the interest of the BORROWER hereunder) hereby agrees io pay, indemnifyand.hold OEM LAKE and •WBL. harmless from any and all costs and expenses 0. aftpey's fees) incurred by GEM .LAKE or WBL, whpther or not any proceeding has been filed. E.. of an- morfea i-:tfie refinancin oftlical3onds.or.an:::subse uent`.financin or:.trans 'offitle:'li deed`:in`lieu::of:forecl "sure dsanie;fIiisMENJJt '©E.CLARATIONglialI:astamatically.termin,,tg,Ii if-s4:reW6#-such. foreclosure or:deed:iii.lieu neither"tlie BORROW) It i6i :i'related rierson l"'.defined: ib.i ]:03=1� L)_ tiie::TreasuriV RosYiils�ioris)'nar::Kelly` BrotEier's'lnVestments':1ibr:a "related':`nerson:to Kelly Qrothers Investments .(as defiiicd:iii::1 t!43' i.0(e] of the:Treasury Re�dlatioiis):retains or::ofifains=aii<.ownecsliio intec"the PROJECT:for'pui'noses of federal i0oii e'faxation. R. This AMENDED. DECLARATION may not be amended without the written consent.of:the BORROWER, GEM•I.AKE, and WBL. (The remainder of this pgge is intentionally left blank.) 1144-WITNESS WHEREOF, the BORROWER has caused this.de.elaratim AMENDED DECLARATION to be executed by.itAuly.authorized representatives, as of the day and year first written above. BORROWE-RROULDER SENIOR LIVING, LLC By: Its: President STATE OF MI.NNESOTA ) ) .ss: COUNTY OF RAMSEY } The foregging instrument was acknowledged before me: this-2 9th day oftEprtH2.892 February..2005. by Prmsident of Boulder Senior Living, L,LC, a Minnesota limited.]lability company, for and on .behalf ofsa'id limited liability -company. No..tary Public 0"Ified by. CITY OF GEM LAKE, MINNESOTA By: Its- Mayor g Its: City Clerk .STATE OF MINNESOTA I ss. COUNTY OF ) On this day of Februarv, 2005. before me it Notary Public within and for said county and state, personally lippeared .Paul. R. Emeott , the Mayor of the City of Gem Lake, Minnesota, on behalf of said City. IN WITNESS.WHEREOF, I have hereunto set my hand and official sea] this day of February,:2005. Sf •E AI.;) STATE OF MINNESOTA ss: COUNTY OF On this appeared Frederic Notary Public Notary Public IN WITNESS WHEREOF, I have hereunto set my liand and official seal this day of February, 2005 Notary Public CITY OF WHITE BEAR LAKE, MINNESOTA > P... i nn Edm A Suite 0-8 V Its: STATE, OF MINNESOTA COUNTY OF On this day of February, 2005; before urea Notary Public within and for said county and state,. Versonally a4t earec! of the City of White Bear Lake, Minnesota; on behalf of said City. IN WITNESS WHEREOF, 1 have hereunto set my liand and official seal this day of.liebruary, 2005. Notary Public SEAL NON - REDLINE VERSION AM ENDED AND RESTATED DECLARATION OF COVENANTS'AND RESTRICTIONS' THIS AMENDED AND RESTATED DECLARATION is made as of'the__day ofFebruary'2005, by BOULDER SENIOR LIVING. LLC. A MINNESOTA LIMITED LIABILITY COMPANY (the "BORROWER''): WITNESSE'fi'H: WHEREAS, the BORROWER *is. the owner of certain realproperty located, in Ramsey.County, Minnesota, legally described on Exhibit A attached ht;reto and hereby made a. part here..of (the "PROPERTY"); and and WHEREAS, the BQRROWERhM constructed a 43 unit: housing development (the "PROJECT"') on the PROPERTY; WHEREAS, the: cost of constructing the PROJECT was finafted in part with the proceeds of the. $9,130;000 City of Gem. Lake, Minnesota Senior I-Tousing Revenue Bonds (Boulders Apartments Project), Series 2002A, the $250,000 City ofGem Lake, Minnesota Senior l•Iousing Revenue Bonds (Boulders Apartments Project), Series 2002E (the. ".BONDS'`.); and WHEREAS, :as a. condition to agreeing to issue the. BONDS, GEM LAKE required that the .BORROWER agree. to restrict the use and occupancy of the PROJECT: and. W H EREAS the Declaration contained certain covenottts:and restrictions which were intended to run with the Land and be hindin-: upon the BORROWER, its successors and assians;'and WHEREAS. pursuant to its terms, the. ORIGINAL .DECLARATION may be amended with the -written consent of the. BORROWER.: Gem Lake and the:City of White Sear Lake, Minnesota ("WBU% and WHEREAS, the: BORROWER executed and deliveredthat certain Declaration of.Covenants.and Restrictions,:dated April 2�). ?002; nmd .caused the same to be recorded , °?0.. ? in the office of the County Recorder of Ramsey County as Doetmictit No, __ (tlte "ORIGINAL DECLARATION'); WHEREAS, this Amended Dec..l.aration-of.rovenants apd Restrictions (the "AMENDED IDECLAKATLON") shall styorsede and terminate the ORIGINAL DECLARATION; WHEREAS, in .order to satisfy the requirements of GEM LAKE, the. BORROWER has;exe.cuted this AMENDED DECLARATION; and WHEREAS, the BORR.OWER,.With the.written consent of Gem. Lake -and WBL, evidenced by their ekectilion of this certificate, to amend the Declarationas provided herein. NOW, THEREFORE, subject to the conditions set forth herein, the BORROWER does.liereby impose upon the PROPERTY the following covenants and -restrictions which shall be•covenants runningwith*the land and-shall.be binding upon the BORROWER; .its successors and assigns, and shall inure solelyto-the benefit of GEM LAIR and WBL,: A. The BORROWER. represents, covenants.and agrees that, -to -the. -extent permissible-under•thefederal Pair Housing Act and Minnesota law, the PROJECT will bce.designed and used:during the,term of this AMENDED DECL.ARATIQN ex;:Iusively as:.a senior housing PROJECT for occupancy by households in Which at least one occupatit is age 55 years. or older.. In the event the form of ownership of the PROJECT is converted to a .commoninterest community, BORROWER may satisfy the foregoing requirement -by including in the documents establishing the.cotnlnon interest community provisions requiring that, to the extent permis6bleundef the federal Fair Housing Act and. Minnesota law, units in the PROJECT be occupied .by households in whicfi at least.one ofthe occupants is age 55 and older. R. The tern of this AMENDED DECLARATION shall extend from the:date:ofthe ORIGINAL DEC.LARAT.ION for a period -of 35 years. During the term of this AMENDED DECLARATION the BORROWER, so long as the Bonds are. not otitianding, may request the modification for or termination of this AMENDED DECLARATION and. demonstrate *that the modification or termination of this.AMENDED DECLARATION is necessary.to ensure the economic viability ofthe PROJECT. which niodificationortenninationis.subject.totltewrittenapprovalofGEM LAKEandWBL,which approval may be`granted or withheld. in the sole discretion of GEM LAKE. and WBL. C. Inthe.e.ventthat the .BORROWER (gr.anyentttysucceeding tothe interest of the .BORROWER .Jiereunder)shall default in its perfeirinanceor observance-pfany covenant, agreement or restric.tion.set forth herein and suchdefault shall retrain uncured for a period of thirty ('10) days .after notice thereof shall have bden .given by GEM LAKE or. WBL to the BORROWER: fdrany-en(ity succeeding to the interest ofthe BORROWER hereunder), then higuch case;. GEM LAKE of WBL-may institute -and prosecute any proceeding at law or inequity to abate, prevent or enjoin atiy such violation: I D. The'BORROWER (of any entity succeeding to the :interest of the -BORROWER liereunder) hereby agrees .to pay, indeinnifj and' hold GEM LAKE and WBL hanniess: from any and alb costs and expenses (including .reasonable attorney% fees) incurred by GEM -LAKE or W B1,, whether or not any proceeding has been .filed. E. .In the event of foreclosure of any mortgage given by BORROWER in connection with the refinancing of the Bonds or any subsequent financing or transfer -of -title by deed in lieu of.foreclosure ofsme, this AMENDED DECLARATION -Sball autcnnaticallytenninate, but on] if as a result such foreclosure. or deed in Lieu, neither. the BORROWCR.nor a related person {as defined in 1. I..4�= l.0(c) of tlse.'I reas.ury Regulations} nor Kelly Brothers liivestments.nor a [elated person toKellj+ Brothers Investments (as defined in an ownership interest in the PR..O!ECT for purposes of federal income taxation. F. This AMENDED DECLARATION :may not be amerided-without.the written..consenf ofthe BORROWER, GEM LAKE; and WBL. (The remainder of this page is intentionally left blank.) IN WITNESS WHERCnE,.the BORROWER h. as caused this AMENDED DECLARATION. to.beexecuted by its duly authorized representatives, as of the day and.year first written above. BOULDER SENIOR1dVING, LLC By: Its -.-President STATE Or MINN'ESOTA } ) ss. C'OVINTY OF RAMSEY ) Th Ioreh�ing:itistrumerit was acknowledged before ine this _clay ofrebruary, 2005, by ___,.President of Boulder Senior L:ivinff- LLC, a Minnesota limited liability cornpany,.for and on behalfof said limited liability company. Notary Public CITY OF GEM LAKE, MIN.NESOTA its: Mayor: By: ]ts: Ciry. Cletk STATE OF �JMINNC$OTA ) }:ss. COUNTY OF-----.�. — ) Oir this day of February, 2005; before me. a Notary Public within: and for said. count* acid state; personally appeared Paul R. Emcott , the Mayor of the City of Geis Lake, Minnesota, on behalf of said City. IN WITNESS WHEREOF, I have hereunto set.my hand and official seal this _ � diiy.of February, 2005. Notary. Public (SEAL) STATE. Or MINNES.OTA ), ) ss. COUNTY OF .On this _—_ day of February, 2005, before me a Notary Public.,xithin and for said county.and state, personalljappeared Frederic C. Iyla-nuson, .tire City Clerk of the City of Gem Lake, Minnesota, on behalf of said City. 1N WI'I"NESS WHEREOF, I have hereunto set my hand: and official seat this day.:of February. ; 2005.. Notary Public (SEAL) (r` S VAT'E O MINNES.OTA } COUNTY of ) (SCAL,) CITY.bF.WHITEBEAR LAKE, MINNESOTA Its:. On this-- day ofFebruary, 2005; before me a Notary. Public within and for said county and state, personally appeared. of the City of White Bear Lake, Minnesota. on behalf ofsaid City. IN WITNESS WHEREOF; I have hereunto set my hand and official seal this day of February; 2005. Notary Public EXHIBIT A. THE LAND f iperty located in Ramsey County, Minnesota, legally. described as: Lot 1, Bloch 1, Willow Marsh 06 Addition CITY OF GEM LAKE RESOLUTION NO.2005-05 24 JANUARY-2005 A.RESOLUTION.AUTHORIZING EXPENDITORES OF GEM LAKE.FUNDS. TO PROVIDE FOR LEGAL DEFENSE OF ibbNCURRENT DETACHMENT AND ANNEXATION PROCEEDINGS INITIATED.BY BRYAN. HANSEN. WHEREAS, application for concurrent detachment ofcettain lands within Gem Lake. owned by Bryan Hansen and attachment to vadnais Heiglits has been made with the State of MN;:and WHEREAS, the City Counoil-of the -City of Gem Lake owbehalfofthe residents.and .businesses of.the City of Gent Lake is unanimouslyopposed to the concurrent:detachment and annexation ofsaid lands as.not in the Best interest. of timcornmunity;and WH EREAS, the City Attorney: and his law firm of Leonard, O'Brien, Spencer; Gale and Sayre have been appraised of the -action bv.Flansetn and have demonstrated.both*willitngriess and adequatecredentials.to defend. -the matter at every level; now .therefore he it. RESOLVED, that the City Couocif ofthe City of Gem Lake approves- the spending.ofpublic funds in defense of theapplication. by Bryan Hansen for cottcurrentdetachment:and annexation to Vadnais Heights ofthe approximately l 7.7E acre property located adjacent Coutnq.- Road E in the City of Gem Lake with zoning for Lo.w. Density Business.(LDB) on 11.64 acres.(rnore or less) and ftv R- I Residential on 6.00 acres (more or less); atid; be it FURTHER RESOLVED; that (lie -City Attorney of the.:City of Gem Lake is empowered to bill. his time.in.defense: ofthe matter including, but not limited.tQ; attorneys' time,, expert witnesses, and any other.such action required to.oppose the proceedings initiated by Bryan Hansen. The. foregoing Resolution was offered.by .Mayor Enreo!l and was supported by Councilor Bosak and was declared adoptabased upon the following vote: NAME- EMEOTT ..WA >1.13AK BCSAK VOTE Aye .Aye Aye Aye Aye ATTEST L Frederic C. Magnuson, the duly qualified City Clerk of the-Cityof Gem Lake, County. of Ramsey, State of Minnesota, do Hereby certify thartbd foregoing Resolution is a true-ind accat`aterepitsentation of action taken by the City Council of the City of Gun Lake.: on the. date.17i rst. written: Frederic C. Magnusont, City Clerk deft-ifiieb aom Date c-fife; M0.1411iad%200*;%no2005-05 CITY OF GEM LAKE RESOLUTION NO..2005-0.6 24 JANUARY 2005 A RIHSOLUTION APPROVING A 2"S- 3UDGET FOR THE GEM LA-K5-SEWER FUND OF 557,400 WHEREA&'fhe-CityClerk has.prt sented a (Proposed) 2005.Seweffund Budgetfiscal and calendar year 2005 based upon best est.imates,tif costs. for. running .the. Cityof Gem .LaI(e Municipal -Sanitary Sewer Eriterprise`in 2005;.'and WHEREAS.. these estimates have been reviewed: by t#�e Cify Council. at it's regular .meoting .in January., 2005 including anioidntents based. upon. best infornMtion received iivm outside. contractors; now, therefore be it RESOLVED, that the City Council of the City of.Gem Lake does, bymeans of this Resolution. -No. 2005-06, formally Wdptthe 200 Sewer rund Budget -of 557,300 as. prepared by t.be.City Clerk. The. foregoing Resolution was offered by -Councilor Watson and was supported by Cottncilor Bosa.k and was declared rtdopled based u06n the .following .vote: NAME EM:EOTC �I�ATSON BIIKEi$AIC._ >(CO: I30SAK. VOTE Aye ,Ape Aye Aye ttpe ATTEST I, Frederic C. Magnuson, the duly qualified City Clerk ofthe.aCity of -Gem Lake, G inty.of: Ramsey. State of Minnesota, do. hereby certify that the foregoing Resolution is a true, and accuratt represeetatioit.of action. taken by the City Council of the .City orGem Lake .on the -date f#rst,vritten. Frederic C. Magnuson, City Clerk Certif leb CopB Date i c,filc: resoluunnt2UU�kio?OOS-06 CITY OF GEM LAKE RESOLUTION NOi 2005-07 21 MARCH 2O05 A Resolution granting approval of the final plat for.Hillary Farm of GemLake. as prepared by Anderson Engineering of Minnesota, LLC (the "Plat") and eimpoweriiig the Mayor and City Clerk to execute. said Plat as provided for by law with the condition that. no building.pennits shall be issued for any work within the Plat: beyond preliminary grading: and Building Permits lots No. 17.atid No. 7 tintil each ofthe following conditions are met CONDITIONS I. A certified copyofthe Articles of incorporation, By -Laws and a copy of.tlie.Certifcate oflncorporation ofthe.Hillary Farms Homeowners. Association shall be presented to and deemed satisfactory by the City Cleric. '_• . The. Declaration of Covenants, Conditions ondResteictions for Hillary. Farm shall be reviewed -and deemed.satisfactory by the City Clerk. and City.Attorney. 3. A certifcate•ofcompletion.or letter from VLAWMO to the City Clerk stating that each of.the conditions numbered 18 through 22--in..the Developer's.Agreement have. been completed to their satisfaction. 4. A.cei•ti.ficate ofwell abandonment foi•thewell located on the formercaretoker's.property in form satisfactory to-thb-State of MN shall be. provided the City Clerk in accordance .wifli item in: of the Developer's A,breement. S. A. certif cite. of completion of work or other statement satisfactory to the City Clerk shall..be provided. to fhe City Clerk indicating abandonment of the septic system on the former caretaker's property was. perfonned in accordance with acceptable.standards and pursuant to item n. of the Developer'. s Agreement. G, riie 1=inai.Plat shall be filed with the County Recorder ofRainsey'County, Minnesota, on.or b6f6re.27May2005. Two (2)`prints of the Final Plat showing evidence of filing. shall be provided to theCity Clerk. 7, All titility.easements.as.shown on. the Preliminary Plat or as approved by the City Attorney shall be dedicated: $, T'he sanitary sewer system installed within:Hillary Farm -shall be dedicated.to the City ofGenl Lake in a form and manner .acceptable to the City Attorney. 9. The Landscape Plan shall be reviewed and:approved.by the Zoning Administrators:. I tl: The Tree Preservation Plah, including an inventory management and recording plan, must,be-approved by the Zoning .Administrators. 11. The City's fees, costs;:disbursements.and reasonable attorneys fees incurred in connection with the foregoing shall have been paid in full by the .Developer. The foregoing Resolution was offered by Councilor Bfm�ak and was. supported by Councilor Fck/l/big and was declared odoored based upon the followinQ vote: NAME EMEOTT WATSON _T SCHiLLJ1 C BU ATE It.?1rSM:U.SS> :`:`.: VOTE Aye Aye I .lye Aye Absent ATTEST I, Frederie C. Magnuson,:the duly qualified City Clerk of'the City of Gem Lake, County of Ramsey. St tte of Minnesota, do herebyGertity that the foregoing Resolution.is a true:and accurate.represeiiiation of action taken by thin City Council ofthe City of Gem lake on the. date f rst written. i FrWeric C. Magimson;.City Clerk Ceriif ieb C#j; Date E;-file: resolulion120Q51nt1�005-Q7 CITY OF GIEM.LAKE RESOLUTION NO. 2005 08 16 MAY 2005 A RESOLUTION.GRANTINO FINAL APPROVAL OF -AN APPLICATION BY ARTPRATT AS PURCHASER FORA IMINORSUBDIVISION OFREAL PROPERTY IDENTIFIED AS RAMSEY COUNTY PIN 28-30-22-42-0002, LOT !#, BLOCK .1, RED FOX HILLS AND OFFERED FOR SALE TO PRATT BY JOINT OWNERS RICHARD AND MARY.YADEAU. WHEREAS, An Pratt has made an Application .For A Minor Subdivision-df the real.property described aboveavhich is located - in the City of Gem Lake, Ramsey County, Minnesota; and WHEREAS,. the matter has been reviewed by the.Zoning.Co-Adminis(rators and the Planning Commission ofthe City of Gem Lake; and WHEREAS., it duly published and notified.public hearing on the matwhaa.beertheld and:alI who.wished to be heard �vere.given the opportunity and their comments weighed by the. Planning-Commtssion; and. NV'H ERE,A S, the Planning Commission has recommended approval:ofthe minor subdtvision subjeatb certahl conditions as forth in.tlie minutes of their 03"May 2005'meeting; and WHEREAS. Art -Pratt has complied with all request and cohditiolts, in.a complete and timely manna, now, therefore,. be it. RESOLVED, that the;City! Council :of'the City of Gem Lake does hereby approve the.Application For Subdivision Of Real Property identified. as Ramsey Coutity PIN 28-30-22-42-0002 and located in the City of Getn. Lake, Ramsey County,. Minnesota %object to the following conditions: a) All owners of die two lots created and all -owners of the adjacent lots to the north shall have executed an agreement by -and between -Aim all. agreeing upon covenants and restrictions .that will run will) the land and which: are acceptable in forin and substance to the City Attorney; and b) The applicanuagrees the original.platsha.11 serve as the exterior of the two lots created in total at)ct.ptoperty lines, set backs and other such points Jo be ide.ntified.shall be referenced from .said original plat; and d) Said subdivision shall be filed with Ramsey County Properiy.Records And Revenue within riinety (90) days. of notification of this approval to tl)e owner(s); and tb The lots shall be: identified as having been assigned street addresses.and the owner shall notify the United States Postal Service of such street addresses: at the time of development of the property; and e) Any and all:development.o.f the any of the Lots shall be subject to all .ordinances.ofthe .City o.f.Gem Lake, Rarnsey County and -the State. of Minnesota and.no such development shall i:ornmence until. such permits as may he: required.by the City of Gem Lake.have. first been obtained; and. -f) Any fees outstanding and payable to.the City of Gem. Lake have been paid in full. The foregoing Resolution was offered by City CotincilarSelidfifigand was supported byCityCouncilor Rasiurrsseit and WIas .declared udopled based upon the followirw %ate! NAME: EM OTT VYATSOIV RA"SIV gMEN SCH1L'I:,iNG. :: BOSAtC, VOTE Aye Aye Aye Aye Absent ATTEST i, Frederic C.-Magnuson, the duly qualified City Clerk -of the City of Gen) Lake, Countyof Ramsey,.State.o.f Minnesota, .do. hereby until' that: the foregoing Resolution is a true and accurate representationof action taken by the City Opunci1: of the: City (if Gem.Lake bn the datefirstwritten. r Frederic C. Magn.u.son,..City Cleric (tertifieb (Top Date e-file: resolutioiL)064lno Op $ CITY *OF GEM LAKE RESOLUTION NO, 2005-09 20 JUNE 2005 A RESOLUTION APPROVING AMENDMENTS TO THE CONTRACT Y WITH BE.LAIR EXCAVATING FOR CONSTRUCTION OF A SANITARY SEWER EXTENSION AT SC'HEUNE.MAN ROAD AND RECONSTRUCTION OF SCHE.UNEMAN ROAD. WHEREAS,. Belair -Excavating (hereinafter "Belair") have entered .into a contract with the City ofGem. Lake for the construction ofsinitary sewer and the reconstruction of Scheunetnanload; a city street,.in a project. identified as Public Improvement Project..No. 2004-01 (also referred to elsewhere as "PIP2004-01'` and hereinafter,. "the Project' ; and. WHEREAS, the original contract called for'cornpletion of the Project oti*or before 30.Juitee2005: and WHEREAS,. the original;contract for the project was for art aniourit not to exceed S501,789.92: and WHEREAS, the.6oittractor has incurred certain geo=technical and weather conditions that were unforeseen in the original contract and has requested certain relief related to the contract; atkd. W H EREAS, the City. Engineer and Iiis-staff have confirmed that the geo-technicaland weather conditions have, in fact, affected the contractors ability to cotuolete the project within the, original time and cost parameters established in the contract. 'RESOLVED, that the City Council of the.City-of Gem Take iti recognition of mitigating.factors as presented iiy the contractorand confirmed bythe City Engineer -and his staffdo.herebyamend.the completion date ofthe contract between Belair and the City of Gem Lake for: the work described extending. same fr6m..30 June 2005 to 17 July 2005; and, be it FURTHER RESOLVED; thattho CityCouncil ofthe.City ofGem Lake also approves costchanges totaling S77,449.50 thereby'antending the. total contract amount for the Work .from S5.01.,789.92 to S579123.9.42. The foregoing Resolution was offered.by Councilor Schilling and was supported by CouncilorBosak and was declared delopled based upon'. the :following. vote: NAME WATSQ1t+I 13IRKEB� I{.. IGO BOSAK-- VOTE AJce Aye Aye Aye Aye ATTEST L. I'rederic C. Magnujon, the. duly qualified City Clerk..of:the Ctty oi.-GerFr:ltake, Cottitty. of Ramsey, State of Minnesota;. do hereby certifythot the foregoing Resolution is a true and accurate: representation of action :taken. by the City Council of the City of Gmttake on the date 6rst written. i Frederic C. Magnuson, City Clerk Date (Urt11- f to . 10r.1,0PB e-file: rmoltdion120051tki2005709 CITY OF GEM LAKE RESOLUTION NO.2005-10. 20 JUNE 2005 A RESOLUTION AMl9N6ING THE DEVELOPER'S AGREEMEW.Ay AND BETWEEN THE CITY OF GEM LAKE AND MC NULTY COMPANY; it/bla/ HILLARY FARM, LLC AND. PROVIDING FOR REVISIONS IN: THE. SCHEDULED INSTALLATION OFTHE WALKING TRAIL ON THE DEVELOPMENT. WHEREAS, a Developer's. Agreement by and between the..City of Gcm Lakti.and McNulty Company;..dlb/a/ Hillaity Farm, LLC was executed in 2004 and said.Developer's.Agreemeirt..ostablished. certain time tables for completion.of the worl4 to be perrilnued :including installation of the walking trail; and WHEREAS, the Developer has*m questerl*an amendinerittosaid schedule. for installation of the walking trail in an effort to avoid-unnocesmry costs including ripping.gp*the trail to install sewer: laterals to: the lots; now, therefore, be it RESOLVED; that the City Council:of:thie City'of Gem Lake does herebyapprove amending ilte schedule .defined in Section L h. of the. Developer'§ Agreement for installation of the walking path and providing for immediate installation of 3 sections including; 1) approximately eight -hundred (800') feet more or less commencing..at the north entrance to Hillary Farin to the first cul-de-sac; and, 2) approximately seven -hundred twenty (720') feet more or less commencing at the south entrance .to Hillary Farm to the Lot 42 dri.veway;. and.).approximately three -hundred fifty (550') fi et from Lot fr;8 to Lot # I2. FURTHER RESOLVED that the balance of the walking path shall be installed prior to.3.t October 200E unless the developer has requested further extensions for cause. The foregoing Resolution was offered. by CoupGilpr. Wictsar and was supponecl by Co uncilorScltilliritgandwas declared adavied based .urionVie fol lowing vote: NAM: EMEOTT VAT lsi- R SS. SGRi ;[ J4' BUfSAiiC YOTE .4ye Aye Aye �yi�: Aye ATTEST -1. Frederic C: Magnuson, the duly.461ified City Clerk of fhe. City of Gem Lake; County of Ramsey, Staie of kinnesota, do hereby 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, T11 - I i i . i nl Frederic C. Magnuson, City Clerk Date der if te-b Copu c4ilc: resoltitionl200S+no:(K15-t{1 CITY OF GEM LAKE RESOLUTION NO. 2005-] 1 20 JUNE.2005 A RESOLUTION EXTENDING THE. JOINT POWERS AGREEMENT BETWEEN THE COMMUNITIES, OR PARTS THEREOF, WHICH DRAINS. TO THE VADNAIS LAKE WATERSHED. AND ARE PART OF THE VADNAIS.LAKE WATER MANAGEMENT ORGANIZATION. WHEREAS, VLAWM.O. was.organized in 1983 to be the responsible governmental unit to provide oversight and manavementto see that the requireinentsofthe Metropolitan Water Management Act were enforced in the Vadnais:Lake WBterslied Grew anal WHEREAS, VLAWMO over the-�ears.has met the requirements of the Metropolitan Water Management Act: and WHEREAS, the: member cofflriiunitiesof VLAWMO have enjoyed local control via appointment of a representative to represent their eainni ulity on the VLAWMO Board; and WHEREAS, the City of Gem. Lake has. enjoyed the presence of ihe' ai.nt. Paul Regional Water. Services on the VLA WMO Board, from both a technical. and financial viewpoint and as tlie:owner of land adjacent to; Vadnais Lakeand a -user ofihe Vadnais. Lake water for drinking water for the City gfgaint Paul and. several:other.surroundingcoininunities; and W kEkEAS, the City-dGem Lake acknowledbes.that there areatoas of VLA.WMO',sautltorityshat need to be improved and is willing to increase: annual contributions to VLAWMO, it.it felt that the: naost.efficient means to deliver water managementservices at.thistime is.through.awater manageri tit. oiganization;*and WHEREAS., thc.City.of.Gern Lake believes that.$ formula for. funding,VLAWMO's.activities sltouid-be based on land area and tax capacity; now therefore. be it RESOLVED, .that the City Council of the City of Gem Lake recommends that the Joint Powers.Agreement between mcniber'communities .be extended for a period of at least five years; that work on updating the VLAWMO Water Management Plan begin immediately; that the VLAWMO Board of Directors propose a reasonable budget for 20.06 for hienllier community/Saint Paul Regional Wa vr&rvices review and approval that meets the steeds of the organization and is responsible to its taxpayers; and that its £finding. formula be based on RESOLUTION. The roregoing Resolution.�vas offered by Mayor Emeott and was supported by Councilpr. Walson and was declared atlep led based upon the -following- vote: NAME EMEOTT WA'I'SO)�i RASM.USSEN SCHILGTNG BOSAA:K VOTE. Ape 4.w -Aye Ape Aye ATTEST 1. Fred Magnuson, the duly qualified City Clerk of the City of Gein Lake, County of Ramsey, State of Minnesota, -do hereby. certify.that the foregoing:Resolution is a true and accurate representation ofaction:taken by the -City Cquncil.ofthe City ofGem-Lake,on the.:date.frst written. � d ' Frederic C. Magnuson; City Clerk. Date (Tern£ ieb Co# -g e-J i le: resoiutio.11;2 .0ibro?tNlS-i t CITY OF GEM LAKE RE$.OL;JTION NO.. 2005.42 20 JUNE 2005 A RESOLUtION APPROVING A VARIANCE FROM ORDINANCE NO. 43, SECTION 193(1).FOR.DANI.ELAND JOSEP.HINE OSTERKAMPA/b/a SUMMIT MINI:STORAGE AND DAN'S.AILINGAUTO,. WHEREAS, Daniel.and.Josephone Osterkamp have:made an application for a varianiee.bffve (5') feet from theside yard set -back often (tI}').feet required by Ordinance No. 43, Section 1.9.5(l trod WHEREAS, the needs for the.variarice have been-MVlewed by the Zoning.Admiiiistratars*and determined:to be valid so as to provide adequate onsite parking; and WHEREAS, a public hearing on the matter was duly noticed and held in accordance with the procedures set forth in Ordinance No., 43 with no opponents: to the variance; and WHEREAS,: the inatter was duly considered.by the Geln Lake City Council at it's regular June meeting convened on 20 June 2005 ttbw; therefore, be it RESOLVED, that the Cit)�Couocil ofthe.City of Gem.Lake rinds adequate hardship irrthe application. and4iscussions and therefore.approves issuance -of -the variance presuming construction of the buildingcommences within one(I) year of the issuance of said approval. The. foregoing rl.Resolution was offered by.Couneilor$osak.end was by CopncjjorRasmusseri and was. -,declared adopted based upon thefollowing vote: 1�AME EMEOTT WATSOI�T : ' 1tASjVIl75S:, 4HIL'LII� :BOAT' VOTE ,dye Aye Aye Aye Aye ATTEST 1. Fredefid -..C. Magnuson. the duly qualified City Clerk -of the City of Gem Lake, Cfitinty of Ramsey, State of ,Minnesota, do.hereby certify.that the foregoing.Resolutiorr is:a true and accurate representation of action taken by the .Ciri Council ofthe::City of Gem Lake an the date .first.writien. Fi-ederic C. Magnuson, City Clerk Date Certif ieb Copg c-lilt: resoltilionl.?0(lSbut2(H15=E2 CITY OF GEM LAKE RESOLUTION NO.2005-1.3 15 August2005- ARESOT.UTIOPfiAPPRO'V)iNG PARTICIPATION IN THE COUNTYWIDE. EMERGENCY OPERAT ONSPLAN PREPARED BY RAMSEY COUNTY. WHEREAS..Chapter.l2-of Minnesota :Statutes. and Robert T. Stafford Act, and the Superfund Amendments and Reauthorization Act of ,I086 require all counties and incorporated municipalities. to develop .and adopt plans for preparing for, respondingto, recovering from, and mitigating the -effects of emergencies and disasters; and WHEREAS, such piansarerequired to address all hazardsand-mustmeano ferverth9ri.64 specific planning.items; and WHEREAS, such plans mast be well- integrated. and'cboidinated t6 account for the fact that emergencies in one jurisdiction impact oft other nearby jurisdictions; -And WHEREAS, the plan muk-include an implementation and maintenatiee.process including.plarr updates, integration of the plan into other planning documents and how the -County will activate and coordinate activities with the affected jurisdictions; Arid WHEREAS, Ramsey CountyMision ofEmergency Managementand Homeland Security lias indicated its willingness to coordinate these efforts should the municipality so desire; and WHEREAS, the plan will be shared with all.municipalities., the County Poard of Comrnissioners and the State of Minnesota Uepartmentof Public Safety., Division of Homeland Security. -And Emetgencyfi4oagementfor coordination; and WHEREAS, the abpv� reasons snake it desirable for the :county to utilize common planning and response elements designed: to integrate, otfr-emergency preparedness, response: recovery, and: mitigation efforts; and WHEREAS, such indication is a requiretnentofthe National Incidenf Management System .(N1MS):and the National Response Plan. which is the template.for all jurisdictions in the United States; and WHEREAS, adoption ofthe all -hazard EmergencyOperations Plan will tnakethe muni6paliti6sand the County eligible to receive Emergency Management Performance Grant (EMGP) grants; and WHEREAS, this Countywide Emergency Operations Plan has been certifiied.as meeting.or exceeding all standards.for emergency planning by the State of Minnesota Department. of Public Safety, Division of Homeland Security and Emer.-ency Manal ement.for Ramsey County and for any jurisdiction. within Ramsey County that chooses. to adopt this plan as their municipal Emergency Operations. Plan; and WHEREA%.tltis resolution -does not preclttdgthe [city or township] from preparing.its own plan. in the future should it desire to, do.so; now, Therefore Ile It.. RESO LV ED, that tiie City Council of 'the CityofGem l.ake:supports the county-wideall-liazard EmergencyOperations f lan de.vet pment effort,.and, be: it fiurther R FSOLVED: that the.City CottnciI ofthe City ofGem Lake hereby adopts this Countywide.EmergencyOperations Plan as..the Emergency Operations Plan for the city,:and, be.itfurther RESOLVED: that theCity Council o.fthe City oflGem Lake.requests that the Ramsey County Division of.Emergendy Managetnentatid Hottieland.Secttritycoordinateall-liazard EniergelcyOperations Plan develop tnentand maintenance efforts for the Gity oF:Gern Lake in the future. The foregoinglesoiution was offered by Councilor. Rasmusson and was supported by Councilor Bonk and was declared arlopted based upon the following vote: NAME EM:EOTT* WATSON RASMUSSEN SCHILUNG 0OSAK. VOTL Aye Absent : stye Aye. Aye CITY OF GEM LAKE RESOLUTION NO.2005-14 15 August.2005- A RESOLUTION DESIGNATION OF THE .NATIONAL INCIDENT �",.. MANAGEMENT SYSTEM .AS THE BASIS FOR. ALL .INCIDENT �. MANAGEMENT IN T,.HC CITY QF CEM LAKE. WHEREAS, the President of the Un ited States ofAmerica issued Homeland Security Presidential Directive 5.to enhance the ab.i lity.of the United States to manage domestic incidents'byestablishing a single; comprehensive national incident management system; and WHEREAS, the President, in Homeland Security Presidential Directive 5, tasked the secretary of U.:S. Department of llonteland Security -to develop and Administer aNational Incident Management Systems and WHEREAS, the secretary of the U.S. Department of Homeland Security developedand administered the National Incident Management Systern (NIMS) to providefor interoperability and compatibility among federal, state; and local capabilities, the NIMS will include: a core set of Concepts, principles, terminology, and technologies covering the incident command system; multi —agency coordination systems; .unified command.;. training;. identiribation. and nianagementof resources (including systems forclassifying types of resources); qualificaiions.apd ceWf icatjon; and the collection, tracking, and reporting of.incident information and.ittcident resources;..and WHEREAS, Minnesota GovernorTim.Pawlemyissued ExecutivOrder05 2:DESIGNATlPN:QFT'H8NA1'I0NAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE.EASI$ FOK ALL INCIDENT MANAGEMENT IN THE STA' E-01= M[NNESOTA; and WHEjt AS, the collective input and guidance.[rorti $Il federal, state; local;and tribal homelands uritypaitnets-has Wen. and will continue to be, vital to the. development, effective:implementation,. and. utilization Of a coitlprehehsive NIMS; And WHEREAS, it is necessary aitd'desirable that all City of Gem Lake agencies mid personnel coordinate their efforts to effectively and efficiently provide the highest levels of indident management, and WHEREAS; the N IMS`:standardized procedutks fotrinanagingpersannel, oammanications,facilities,snd resources.�v.iil improve the ability of the City of Gem Lake ta-dtilize federal funding to. enhance local and state agency readiness, maintain first responder safety, and streamline incidetnf management processes; and WHEREAS, the Incident Command System components of the NIMS are already on integral part of variqus incident . Management activities throughout the City of Gem Lake, including current emergency managementtrainingpro,rams; and WHEREAS, the 'National Commisston on Terrorist Attacks ig 11 Commission} recommended adoption of a standardized Incident' Command System; and - NOW, THEREFORE, we; do hereby establish the National Incident Management. System (NIMS) as the (COUNTY/CITY) standard for incident. management. RESOLVED; that the City Council ofthe.City.ofGem Lake does hereby establish the National Incident.Managerhent Svstem (NIMS) as the City ol`Gem Lake standard for incident management. nie foregoing Resolution was offered by Councilor Bosak and was supported by CouncilorSchiAifig and was declared wlonleil based upon the following vote: NAME E'MtFATT WAT OIV RASIVIUS*.i: SCHI.LLING BQSAIC. VOTE Aye: Abseirf Aye Aye Aye. ATTEST I; Hederic. C. Magtiusoh, 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-ttue andIccurate representation of action taken by the City Council of-the.City of Gene Lake on the dato first writteo; Frederic C. Magnuson, City. Clerk Date der. If ieb &PI; e-file: resolutionl2o&02005-14 ATTE,ST I., Frederic. C. Magnuson, the duly qualified. City Clerk of the -City of Gem Lake, (ounty.of Ramsey; State of M iiznesota, do hereby certify that. -die foregoing Resolution ls. atrue and:accurak representation of action taken by the City Council of -the City ofOeni Lake on the date first written. 1<r6deric C. Magnuson, City Clerk Date &. rtif ieb- CON e-file:.resoiution120()Skin20{)5-13 CITY OF GEM LAKE RESOLUTION NO. 2005-15- 15 Augus# 2005. -A RESOLUTION BY THECITY COUNCIL OFTHE CITY*OFGEWI LAKE t: PROM.O.Tl1NG.THE USEOF INTRASTATE MUTUAL —AID AGREEMENTS WHEREAS, Chapter I2, Section 12.331 :allows for Intrastate Mutual Aid, and direct, timely assistance. between jurisdictions is critical; and WHEREAS, the possibility ofthe'occurrence of natural and other disasters of major si 7e and destructiveness.exists and is increasing; and WHEREAS*, there is a need to ensure that preparations of the City of Gem Lake wili be adequate.to deaf with. disasters; generally protect the.pulilic peace. health; and safety; and preserve the lives and property of the people of the state; and WHEREAS, it is necessary to provide forthe rendering of.mutual aid among the political subdivisions of the state.and to -cooperate with the federal government with. respect to carrying out ernergeiicy ntanagetnent functions; and: WHEREAS, it.is the policy. of Minnesota that 9l1 emergency response functions of this state be•coordinated.to the maximum -extent with the comparable functions ofthestate govemmenE,.includingits various.departmentsandagencies, of other states and localities., and of .private agencies of every type, to.the end that the most. effective preparations and .uses may be. made of the states -*labor supply, resources, and 6cilities1or dealing with any disaster that may occur; and WHEREAS., the4ift.=r of each local organization for emergency management may; in ebllaboration With otltek public and :private agencies within th is state, develop dr .cause* to -be -developed mutual —aid. iftogements. for recipmeal ernergencv management aid and assistance in an emergency or disaster too great to be *dealt with unassisted. These arrangements must be consistent with the local emergency operations. plan and, in nine of emergency, each local organ nation for ernergenc:y management and its itiembers shall render assistance in accordance withthe provisions of the mutual- aid arrangements. Now, therefore; be it RESOLVED that.the City of Gem Lake promotes the eff.ciencyand effectiveness of intrastate mutual aid by designating 'a City of Getn Lake administrator. manager,.pubtic safety director, police chief;.sheriff(if.applicable),. fire chief, public works director. or other otticer.who, exercising discretion and considering the needs:ofthe political subdivision and its inhabitants; to dispatchequipment and. personnel as -considered necessary if a dangeroffire,.hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness itwould-be impractical forthe governing body of the City of Gettt Lake itself to authorize:the,dispatch-.ofequipmentand personnel to.combat that emergencyor disaster. Tlhe foregoing, Resolution was offered -bytounicilorS`chillli:g and was supported by Councilor Rasmussen and was: declared adopted based .upon the kllowine votee�. NAME EMEOT * 'WAIN; R45M.USSEN SCH1Ll;ING: BOSAK. NOTE Aye .Absent Aye Aye. Aye ATTEST 1, I'rederict. Magnuson, tfte duly qualified City. Clerk of the Gity of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that.the foregoing Resolution is a true and accurate: representation of action taken by the City*C;ouiicil of the City of Gem Lake on the date first written. xe moo. -15 A2005 Rrederic C. Magnusoni, City Ctcrk bate 0;eft tkb &. Pu -f`de: icsoluiiUitl2UU�lno2UUi-tS. 1)cfc�utc�rl CITY OF GEM LAKE Dgpated RESOLUTION NO.2005-16 15 August 2005 A RESOLUTION ADOPTIN&AMENDMENTS T.O'.ORDINANCE NO. 43F, THE ZONING ORDINANCE, INCLUDING:1}ADDITIONAL DEFINITIONS RELATED TO SET -BACKS, BUILDING HEIGHT; $tORIVI 'WATER AND SEDIMENTATION CONTROLS AND MANAGEMENT, AND,THELDB'ZONINGDISTRICT; 2} AMENDMENT TO SECTIONS 1.4, 8.4,.9.4.AND Il}.4 REGARDINGBUILDING.-HEIGHT; 3) AMENDMENTSTO SECTION M PROVIDING 'FOR BU(LDING DENSITY; 4). AMENDMENTS TO SECTION 18 PROVIDING FOR: CHANGES IN THE ILDB ZONING DISTRICT; 5).AM.ENDMENT TO SECTION 8;3 PROVIDING FOR TWO-FAMILY DWELLINGS IN THE R2 ZONING 61STR[CT; 6j- ADDING. SECTION 17, STORM WATER- AND SEDIMENTATION CONTROLS AND STORM WATER MANAGEMENT AS: PART OF GEM LAKE'S NPDES PROGRAM; 7) AMENDMENT OF SECTION 14.5 TO INCLUDE LANDSCAPING DEFINITION AND REQUIREMENTS AND TIMING FOR COMPLETION 8.).ADDING 'RESTRICTIONS REGARDING THE "USE OF COMMERCIAL STORAGE CONTAINERS IN ALL DISTRICTS AS SECTIONS 14.3.1 ANDA4.3.4. WHEREAS, the City'bfGettt Lake: is concerned. about th health and welfare of both its tsitizens and the wildlife that livos within: or passes through its jurisdiction; and WHEREAS; the City and its: residents have a long -standing and legitimate concern that the natural beauty -and undisturbed and undeveloped "back woods'environment.ofGem Lake be preserved and protected*to the.greatest extent possible consistent with the steeds and rights of property owners to build upon.their own property; and WHEREAS, .the City is vitally concerned that the owners of certain lands within the City not be allowed to build so intensively upon their .property that their neighbors . and the wildlife and environment elsewhere m the. city are dettimentally and unfairly affected and burdened; and WHEREAS. public safety within the city is:served. by a reasonable concern about and control -over the Iteibltt, massing and location of structures within the city; and WHEREAS, the City f ndsthat tbere.lg atiirect nexus between the-.restrictio4s in property owners.stated in.the zoning and land tise control ordinances.of the. City and legitimate areas>of-ponQerh About the health, safety and welfare of the City and its residents;.and WHEREAS, the. purposes stated in §2 of the.ordinance are found to be substantial, important and timely in light of current development pressure; anO Wl IEREAS. the changes proposed in the new Zoning Ordinance No; 43G are consistent with the goals and policies �pf the Gent Lake Comprdhensive-Municipal Plan and are; therefore, mcornmended in accordance with Section.2.5 ofthe Gem Lake Comprehensive Municipal Plan.. Now, therefore, be it RESOLVED, that the City`Council.ofthptity of Gem Lake hereby adopts the fanguage recommendations ofthe Gem Lake Planning Commission identi6d'in the document "Ordinance. No. 43G Redline." and orders said amendments to be incorporated in-cumentOrdinance No. 43Ftopreate anew version ofthe.Zon.ing Ordinance, No; 43G with the provisti* that: A) rhis ordinance shall not -applyto Hillary.Farm Plat until two {2) vears.ai#er site recording..ofthe foal plat of Hillary Farm; and 13). Section 15 regarding signsbe. is. -to be:deleted from the doc..ument"Ordinance. No.43G.Redline.' leaving same. unchanged with wording already-proyided. in Section 15, Ordinance No: 431;.artd FURTHER RESOLVED, that.the City Clerk shall have said Ordinance No: 43G fully retyped and eecodified not -later than 01 September 2005 for public distribution in .both print and electronic forinat; and FURTHER RESOLVED, thatthe City Clerk shall publish notice of this adoption in summary form -and that Ordinance (( No. 43G shall be placed in full force and effect on the date. of such publication: The: foregoing Resolution waspffered by Councilor Rosdk and was supported by Councilor Sehillhig and was. declared fitilerl based upon Mr. Bosak's.withdrawal of his. motion and Mr. Schilling's withdrawal of his. second. Mayor Emeott.. ordered the. matter carried over to 19 September 2603 �011owing further consideration by the Plann.I lg commissio11. NAME IMEO'TT wp .SOlg RASIViI)SSEN :. 'SCH.WLiNG V6T9 N-/A Absent N/A N/A IVIA ATTEST 1, Frederic C. Magnuson, the dilly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify+ that the foregroing Resolufib6 is a.true *and accurate representation of action taken by the City Council of the City of Gem Lake. on the date. first written. A Frederic C. Magnuson, City Clerk Date Certlf leb eopg c-file: tcsolttlion12ti01nc>2{1Qt t.G CITY OF GEM LAKE. RESOLUTION N.O.. 2005-17 15 August 2005 A RESObUTI0N ADOPTING AMENDMENTS TO ORDINANCE N.O. .58A, THE SUBDIVISION ORDINANCE, INCL[JDI NG: 1)1) AMENDMENT OF ALL REFERENCES. TO SPECIFIC. EPEES AND REFERRAL TO THE GEM LAKE FEE. SCHEDULE; 2).' ;AMENDMENT Off' REFERENCES TO SPECIFIC TIMES FOR ACTION AND REFERRAL TO STATUTORY .CONTROLS OF TIME LINES IMPOSED BY OTHERS; 3) CLARIFICATION OF ORDINANCE INTERACTION BETWEEN THIS AND OTHER ORDINANCES; .4}..EXPANDING REQUIRED EROSION AND SEDIMENT CONTROLS. WHEREAS, the:.City Council :of the City of Gem Lake establishes a Fee Schedule. annually to reflect the true.and accurate cost of providing certain services to the community; and WHEREAS, the statutory finle lines for completing consideration of land. use and development mattersiS regulated by the .State .of MN and. maybe subject to amendment from tune to time; and W HEREAS,.the City ofGem Lake has adopted it's NPDES Phase II Storm Water P.erinit in accbidance with the Federal Clean Water Actof 1997, Which permit requires establishment. of local controls regarding sedinientand-erosioti control and storm water management. Now, therefore, be it RESOLVED, that the City Council of the City of Gem Lake hereby adopts the languagerecommendations of the Gem Lake Piannina Commission identified in the document "Ordinance No: 50 Redline" and orders said amendments to be incorporated in currentbrdinance No. 58A to create a new version of the. Subdivision Ordinance, No. 588; and f URTH. ER RESOLVED, that the City.Clerk shall have said Ordinance No. 58B fully mtyped.and recpdifed not later than 01 September 2005 for public distribution in both..print and.electronic format; and PuRTHI R RESOLVED, that.tho City Clerk:shall publish notice ofthis adoption in:surnmary form and.that Ordinance No. 59E3. shall be placed in full forge and effect on the date of:such publication. The foregoing Resolution was offered liy.C4tincilof Sclrllliiig and was supported by.Councilor.Bosak and was declared mktpted based upon the foHowl n- vote.: NAME .EIVIEO'I"' WATSON RA ...:SCMILGLN.G BO.SAK 1�OTE Aye A&i*t* Aye. Aye Aye ATTEST i, Frederic C. Magnuson, the duly qualified City Clerk of the City a Ge:m Lake, County of Ramsey. State of Minnesota, do hereby certify that the foregoing Resolution is. a true and accurate representation: of action taken by fire City Council of the City of Gem Lake on the date first written.. Frederic C. Magnuson, City Clerk Date &raif ieb eop c-file: resolulion\200*000i-17 CITY OF GEM LAIKE ItE150-LUTION INTO.-200514# 15 August 2005 A RESOLUTION. EXTENDING THE. EXISTING JOINT POWERS. AGREEMENT BETWEEN THE COMMUNITIES, ORPARTS THEREOF, WH ICH.DRA.INS TO THE VADNAIS LAKE WATERSHED BY ONE YEAR. AND WILL SUPPORT :T14E 200b BUDGET IN ITS CURRENT FORM. WHEREAS, VLAWMO was organized in 1983 to be the responsible. governmental u►iit to provide oversigiit and manaevementio-see that.the requirements ofthe. Mi:tropolitan Water Management Act were enforced in the Vadnais Lake Watershed area; and WHEREAS, *VLAW O over the years has.met the requirements ofthe Metrgpolitan Water Managemwnt• Act, alld WHEREAS, themember communities of VLAWMO have Mjoyed local control Via ..appointment of a representative to represent. djoir community on the VLAWMO-Board; and. WHEREAS; the municipal:metnbership. of VLAWMO has. enjoyed the presence. of the Saiitt. Paul Regional Water Services on the VLAW1bI6 Board,from both a technical and financial viewpoint and as. tlie: owner of land adjacent to. Vadnais Lake and. a userof the. Vadnais, Lake water for drinking water. for the City of Saint Paul and several other communities; and WHEREAS, the City.ofGem Lake acknowledgesthat there are areas Qf VLAWMO`s authoritythat need to be.improved and is -willing to increase annual -contributions to VLAWMO, it isjkle tthat the mo%.efficient.means to,deliver water inanagentent services.at this time is: through a water ma.nagetnent organization;•alnd WHEREAS, the City of Gem Lake beliives that a fonnula for funding VLA WMO's.activities should be based on land area, population, and tax capacity; now therefore be it: -RESOLVED,.that the City Council of the City of Gem Lake -recommends that the J:oint,Powers Agreement between member communities be extended for a period of at least one year; .that work. on updating the VLAWMO Water f !vlanagenient flan begirt immediately; that the appropriate. staff or elecied.ofcials from the membership propose i reasonable amendmentsto.budget for 2006 for the VLAWMO Board to review and ratify at it's.September.8''meeting, The foregoing Resolu&n was offered by CqunCilor Rirs,rurssen and was supported by.Councilot~SdiI.11hig and was declared adopted based uvon .the following vote: NAME EM'EOTT :ASIi%I:USSEIV.' SCHILLI1t* * VOTE. Aye I Absent Aye Aye Aye ATTEST [;. Frederic C. Magnuson, tlt i duly qualified City Clerk of.the City of Cem Lake, County of Ramsey, State. of Minnesota, do hereby certify that the foregoing. Resolution is. a.true and accurate repres6itaflon of -action. taken .by the City Council.of the City of Gent. Lake. on the date: tirst.written. Frederic C. !Magnuson, City Clerk Date 44ile. resu1uti6n12005%no2005-18: -CITY OF GEM LAKE RESOLUTION NO.2005-19 15 August.2005 WHEREAS; the:CityClerk'has presented a (Proposed) .Budget of$233,000 which includes a(Proposed) Tax Levy. of S225;000 for fiscal and calendar year 2006 based upon bestestimates.of costs for. running the. City of Gem.:Lake'in 2006', gnd WHEREAS, these estimates were reviewed by the City Council •iin August, 2005 and amended based upon best information received •t'roin outsi&contractors and input from the City Couricil+.and revised•by the City Council in August; 20054; and WHEfiEA$,:the pity Couneil .did.revie4v the (Proposed) Budget and Tax Levy for..20065,..ineluding all revisions thereto as of the date first written. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Geo Lake does forma(Iy•-udapt the 4065 Preliminary General Fund Budgkt of $2S0,000 wliMi includes a Net Tax Levy of$242,000•fbr.2006 as prepared by theCity Clerk and intended by.the City Council; and BE IT FURTHER RESOL.VED.that die City .Clerk is charged with Certifying said Tax Levy to Ramsey County Property Cazalion and other bovernment bodies for wholo this information Is required. .1'lie. foregoing. Resolution xi -as offered by Councilor Bosak and was .supported by Counciloe Schilling and Was declared adopted based upon: the. €ollowing vote: NAME EiM[EUTT DVA7'SbOi :.$ IrLGI IG 12ASINf3 SEN BOSxlI '. .; .` VOTE Aye Absent Aye Aye Aye ATTEST I,. Frederic C: Magnusotr, the duly qualified City Clerk of the.City of Gem Lake, County of Ramsey, State of Minnesota; do he rebv certify that the foregoing Resolution'is.a'true and accuraie. representation of action taken by the City Council.of tlie City ol`Giem Lake on *the date first written. i Frederic C. Magnuson, City Clerk -c-Tfifieb &pg Date efile_ resolutioeis 2W)ANo2005-19 CITY OF GEM LAKE .RESOLUTION NO.2005-20 15 SEPTEMBER 2005 A RESOLUTION TO..PARTICtPATE IN THE RAMSEY COUNTY WIDE ALL -:HAZARD lVllilTIGATIQN PLAN. WHERkA;a, The County of Ramsey Division.of Emergency Management and Horeland Security hus participated in the all -hazard mitigation planning process as established under the Disaster Mitigation Act-of2600, Pub. L. W to&390; and WHEREAS,..the Act.requires all counties. and municipalities td.ddvelop; adopt: and maintain all -hazard mitigation plans either iodependently or on a countywide; multi jurisdictional basis; and WHEREAS, such plans must -be well integrated and coordinated to account for the fact that hazards in one jurisdiction impact dil other nearby jurisdictions; and WHEREAS, the Actestablishes a framework for the development of an all -hazard mitigation plan;: and WHEREAS, the Act as part of the.plan ing process requires public involvemeni and local. coordination among neighboring local units of government and- businesses; and WHEREAS, the plan must include mitigation strategy; including.priorities,.goals and strategies and an action plan identifying specific mitigation projects :and time frames; and W HEOEAS, the plan mustAnclude an implementation and maintenance process including plan updates, integratidn of the pjan into. other planning documents and how the. County.wil.l maintain public participation and cobrdittation;.and WH ERT,AS,. Ratnsey.County Division ofEmergency Management.and Homeland Security has.indicated*it's•Wtillingness to coordinate. these. efforts.should the tunicipality so. desire; and WHEREAS, the plan will be shared with all municipalities, the -.County Board of Commissioners -and the State of Minnesota DepartmentofPublic Safety, Division ofHomeland Security.and Emergency Management for coordination; and WHEREAS; adoption of the all -hazard mitigation plan will make the municipalities and the County eligible.to receive .Hazard Mitigatiod-Ziant Program (HMGP) project grants and Pre -Disaster' Mitigation (.PDM) Grant Program grants; and WHEREAS, this Countywide All -Hazard .Mitigation Plan has been approved:by.tlte I=ederal .Emergency Management Agency .(FTMA) and by .the State of Minnesota Department. of Public Safety, Division of Homeland Security and Emergency Management for Ramsey County :and fo any jurisdiction within Ramsey County that chooses to adopt this planas. their municipal All -Hazard Mitigation Plan; and WHEREAS; this resolution does notprop1gaeany municipality from preparing.it':s own plan.in thefuture should it.desire to do so; no«, therefore be it RESOLVED, -that the City Council ,of the City or -Gem Lake supports the :countywide All -Hazard Mitigation Plan development edort; and, be it further RESOLVED. that the City Council -of the City of Gem Lake adopts this countywide AII-Hazard Mitigation Plan as the All -Hazard Mitigation .Plan for the Gity.of Gem Lake; *and, be it further RESOLVED, that the City Council of the City of Gem Cake requests tltat*the Ramsey County .Division of Emergency Management and Homeland Security coordinate the All -Hazard Mitigation Plan developmentand maintenance.efforis for the City of Gem: Lakein the future. The foregoing Resolution was offered by Councilor Watson and was.supported lsy Councilor *00 and vas Oeciared adopted based upon the follorwing::vote: NAME :FM'EO.TT 'VVATSO.N R: SIVIUSSEI�I.:: SC�UINP. I QSA.K VOTE Aye stye Aye Aye. Aj e ATTEST 1, 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 trde andaccurate-repcesentatfon of action taken by the City Councif of the: City of Gem Lake on the date first -written. Frederic C. Magnuion, Cio-Clei-k Date Vrfl f ieb Co#% e-Mv. resolution1240-rAno2005-20 CITY OF GEM LAKE, RESOL U TI ON NO: 2005-2.1 20 JUNE 2005 A RESOLUTION APPROVING A VARIANCE FROM ORDINAN.CE:lyO. -43, SECTION $. (]) FOR CHARLES AND CHERYL GRANLUND;'39i0'1 TESSIER ROAD WHEREAS; Charles and Cheryl Cliahlund have trade an application forvL variance. of thirteen feet six inches from the front yard set -back of fo 4q ):feet required by Ordinance No.-43; section 8;5(1); altd W14E.REAS, the needs. for the variance have been reviewed by the Zoning. Administrators and deterinined to.be valid so as.to provide adequate onsite.parking; and WHERE AS. a public hearing on the matter was duly noticedand held in accordance with the proceduresset f.'orth in Ordinance No., 43. with no opponents -to the variance; and. WHER:I AS, the matter wasduiy.eonsidered by the Gem Lake CityCouncil at it's regular September meeting convened on 15 Smtonber200; now, therefore,be it RESOLVED; that the.City Council. of the City of GenyLake finds adequate hardship in the application and discussions .and therefore approves issuance .ofthe variance presuming construction oftlie.btiilding.coininences within one (I) year of the issuance of said approval. The .foregoing Resolution was offered by Councilor Bosuk and was supported- by Councilor R�rs»rrrssen .and Nvas.declared adopt ' based upon the .followin vote: NAME EMRM. `WATS0N RAS:MUSSEN. .: SCHI.LLING BOSAK: VOTE Aye Aye Aye Aye Aye ATTEST [,. Frederic C. Magnuson, the duly qualified City Clerk of tile. City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the. foregoing Resolution -is a true.arrd accurate representatiott of action taken by the City Council of the City of Gem Lake on the date first written: Rrederic C. Msgaukon, City Clerk. Date (liertif ieb CopB �s e-fik: reso1o1ion1206ahw2003-21 CITY OF GEM. LAKE RESOLUTION NO.2005-22 24 October 2004 A RESOLUTION EMPOWERING THE GEM LAKE CITY :CLERK TO MAKE. APPLICATION TO RAMS.EY COUNTY FOR PARTICIPATION IN FUNDING MADE AVAILABLE AS HEREINAFTER KNOWN AS "SCORE GRANT". WHEREAS, THE City of Gem. Lake currently operates a Mitnicipai.Curbside Recycling Progradi for all single fainily:residences within the City; and WHEREAS, the City Council realizes.that increased public awareness: education and participation in this program is in the best interests of all citizens and wishes to exj}ptid the current program within the administrative guidelines. cstablished for cu"pt City staff; and WRIFREAS, the Division of Solid Waste of the St. Paul -Ramsey County Department of Public Health has made certain hinds available for qualified recycling programs:withih Ramsey County. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City b(Gent Lake hereby ompoweirs the City Clerk to. apply annually for any and all.Score. Funding or othe pch.brants as may be made:available.. from. time to time by other agencies for the .sole, purpose .of expanding' -resident patticipation in the Gem Lake.. Municipal Recycling Program; and BE IT FURTHER. RESOLVED, .that said funds shall be used .in $4.a. manner,as recommended by the City's Recycling. Coordinator as approved vy the City Council: The foregoing:Resolution was offered by Councilor Bosnk and was. supported by Councilor Sekil ling and.%vas declared adopted*based upon the following: vote: NAME EMEOTT WATS014 RAiS.M JSSEN SCHILLING, AOS'AK VOTE Aye .Aye Aye Aye Aye ATTEST 1', Frederic C.. Magnuson, the duly qualified City -Clerk ohhe City of Gem crake, County of Ramsey, State of Mintiesota. do hereby ceftifyihat the foregoing Resolution is a true. and accurate representation oF*;ietion taken by. the City Council of the City pfGem: Lake. -an the date first written. FFregieric E. Magnq%bn, City,: Clerk Date -rile: rcwl16040005Lw2605-22 Page 1 of 1 CITY OF GEM LAKE RESOLUTION NO.. 2005-23. .24 October 2005' .A RESOLUTION -DECLARING COSTTO BE ASSESSED AND ORDERING A PREPARATION OF PROPOSED ASSESSMENT ON PROPERTY OWNERS FOR. PUBLIC IMPROVEMENT PROJECT W 2004-01, SCH.EUNEMAN ROAD -SEWER, AND ROADWAY RECONSTRUCTION. WHEREAS, the-t emLake City Council orderedPublic-ImpripyIp ent.ProjectNo.2004-01-byP*es.QlufionsNo..2004-05,. 2004-07, 20.04-11 .and 2064-1.2 having held all properly noticed ptibl:ic hearings and having provided all properly published and otherwise delivered notices regardipg.Public Improvement Project:.to affectedproperty owners; and WHEREAS, costs have been determined for Public. Improvement Project: No. 2004-01, and the contract price for said imProvelnents. is S579,239,. and the expenses incurred orYo be, incurred in the making of said improvement which includes every item uf.cost of the improvement from -it's incepEion to. fs*complbd0n and all fees and.expenses incurred or to be incurred1n*c9nnection herewith amount,to $1.79.326so that thp:total cost of the. improvement will be $7581965. Now, Therefore, EW*It RESOLVED. by the City Council of the City of Gem .Lake that: I. The portion of the cost of.said, public improvement to. be paid by the City is: herebyrdeclared to be.S'17.0,*000 and the portion of the cost. to be assessed againstbenefitted property owners is declared to be $588,965- and .2. Assessments.shall be payable. in equal annual installments extending over a period often (10) years, the first of the installments toU payable on or before the first Monday in January, 2006, and shall bear .interest at the rate of five. (5..0%) percent per anntttn froth the date of adoption of the assessment resolution; and. 1 The City Clerk, with the assistance of the City's Codsulting .Engineer, shall forthwith calculate the proper amount ta.be specially assessed for such improvement against every assessable lot, piece..or parcel of land ikitliiti the district affected, w.ithoutregard to cash valuation, as -provided by law, and be shall f le a copy ofsuch proposed assessment in his office for public. inspection; and 4. The City Clerk :shall, uponthe completion. ofsuch.proposed assessment, notify the Council thereof. The foregoing Resolution was offered by Councilor Sebilthig and was supported by Councilor Bosak and: was -declared adopted.based upon the followins vote: NAME EM.EOTT WATSON RASMiISSEN:.` SCHILLINC BO$AIG. VOTE. Ave Aye* :lye Aye ATTEST I, Frederic C. Magnuson, the duly ggalified City Clerk of the City of Gem Lake; County of Rainsey, State of Minnesota, do. hereby certify that the foregoiiig.Resolution :is a. true and accurate. representation of actionftakeb by the City Council of tho City of Gem Lake.on the date first written. e Frederic C. MagauSoa, City Clerk Date tertifieb Ciihu e�filc: resolulicrn1200�1nt�2f105-23 'CITY OF GEM LAKE RESOLUTION NO.2005-24 2-4 MONTH 2O05 A RESOLUTION ORDERING A PUBLIC HEARING ON PROPOSED ASSESSMENTS OFTHE COSTS OF PUBLIC IMPROVEMENT PROJECT NO. 20.04-0I., SCHEUNEMAN ROAD SEWER AND ROADWAY RECONSTRUCTION: WHEREAS; lay Resolution No: 2005-23 passed hythe City Council ofthe City.of Gem L eiko on 24 October 2005, they Citv Clerk was .directed to prepare a proposed assessment of the cost of compleiing Public Improvement Project No. 2004-01, Scheuneman Road Sanitary Sewer Extensiorrand Roadway Reconstruction; end. WHEREAS, the City Clerk has notified the City Council.that such proposed assessment has been completed and filed ill his office for public inspection; Now, Therefore, Be It RESOLVED,*by the City Council :of ft City of Gem Lake that: I. A public hearing shall be held at 7:.00 PM on the iG' day ofNovetYtber, 2005 in thefirst:floormeeting room QfT.ousley. Ford, 1493 East County Road E, Gem Lake, Ramsey County, Minnesgta 551 l0 to pass upon such proposed assessment and atsuch time and place all persons.owning property affected-by:such improvement will be.givena.n opportunity to be heard with reference to such assessment; and 2. 17te City Clerk is hereby directed to cause*a notice of ththearing on the proposed*assessnient to lif~ pubiished- cnce iii tlte.ofiicial:ne..wspaper at leasttwo (2) weeks:prior to the public..heariiig;:.and'he.shail state in ihe.riotice- the total cost: of the improverttent. 14e shall also muse mailed notice to begiven to the owner of eaeh. parcel described in the assessntent,not less fhan two.(2) weeks -prior tothe public hearing; and 3. The owner of any property so assessed may, at any -time. prior to certification orthe.assessment to the County Auditor, pay the whole of the assessment on such property,.with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days: from the adoption of the assessment. The owner of any property may, at any Time thereafter,.pay. to the County Assessor the entirearnount of the assessment remaining:unpaid, with interest accrued to December3l. of the.year in which such payment. is made. Such :payment must be made before. November 1.5 or interest will becha ged through December 31 of the succeeding year. The. forogbirig Resolution was offered by Councilor. Watson and .was supported .by Councilor Basak and* was declared &dopzOd based u on the fbilo. ing vote: NAhfg- EIVIROT. -T- WATSON RASMUSSEH.... sCHmgf> G 1BOSAK' VOTE. Aye rlye : t ))e Aye Aye 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 accurate representation dfaction taken by the City Council of the City of Gem.Laker.on the date. first. written. Frederic C. Magnuson, City-Cleek. Date &rt f ieb n c-lile: resolutio020D51mm2005-24 CITY OF GEM LAKE RESOLUTION NO.2005-25 16 NOVEMBER 2005 A RESOLUTION APPOINTING. TWO REPRESENTATIVES OF GEM LAKE TO SERVE ON' A JOINT COMMITTEE WITH TWO REPRESENTATIVES OF WHITE BEAR TOWNSHIP TO OVERSEE JOINT DEVELOPMENT OF A TOWN. HALL. WHEREAS; the City Council of the. City of Gem Lake did adopt a, resolution to pursue development of a joint. community meeting hall with White .Bear Totvn9hipbn*0roperty irf White Bear Townslip and immediately adjacent the City. of Gem. Lake; and WHEREAS, said coinoiuuity Meeting.hali will serve both communities for public and private meetings, eleedo= and WHEREAS, White' Bear Township has reported completion of environmental site clean-up. as required and; and WHEREAS;. White Bear Township has appointed TownshipClerk Bill Short and Township -Supervisor Bill Mampie its their representatives to a Joint DevelgpmentCommittee for.the project; now, therefore, be it RESOLVED. that the City Council of the CityofGem I,ake:does herebyappoint Frederic Magnuson and Craig Raffertyas primary representatives and Tont.Rasmussen as alternate-re.presentative.to represent the interests ofthe City of Gom Lake and that said representatives shall meet as required with the White Beat' Tow�isliip:.representatives to 'fitfrther development of:the project; ant], be. it F1iRTHER RESOLVED,:said representatives shall, as deeded, seek the supportand approval of the City Council on all matters of design. and commitment to the project. The foregoing Resoitit ion Was offered by CounciIorSe iillbrg and was supported by Councilor Watson and was deelared rrrlopted based upon the following vote: NAME. 1 ME0: r WATSQN R�i;BM11SSEN SCHILLl KQ BOSAK. VOTE. Aye Aye Aye. -A4ye stye ATTEST 1, Frederic *C. Magnuson, the duly:quaiitied City Clerk ofthA City of Gem Lake,.. County of RMnsey,. State of Minnesota. do hereby certify that the foregoing Resolution is.a trgeeand accurate:representatigp of action taken by the Cite Council of the City of Gem. Lake on the date first written. .Frcdcrjc C. !Magnuson, City Clerk Date (Tertifieb Cow c-fiW: rew1uli6nl20Wn6mo5.23 CITY OF GEM .LAKE RESOLUTION NO, .2005-26 16 NOVEMBER.2005 A RESOLUTION ORDERING TWO FEASABILI.TY STUDIES TO BE CO.MPLETED'BY THE CITY ENGINEER ON THE DEVELOPMENT OF A CITY WATER. PLAN AN6 THE INSTALLATION OF PHASE ONE CITY WATER, - RECONSTRUCTION OF THE SANITARY SEWER SYSTEM, CONSTRUCTION OF A.STORM SEWER SYSTEM, AND. ROADWAY RECONSTRUCTION ALONG THAT PORTION OF' SCHEI.I.NEMAN ROAD AND HOFFMAN ROAD WEST FROM HIGHWAY 61 ON'THE NORTH TO HIGHWAY 61 ON THE SOUTH. WHEREAS,. the: CityCouhcil of the City of Gem Lake has ordered a feasability.staidy to. be performed by SEH; Inc.. acting. as the City: Engineer to develop a comprehensive., city water plan for Gem Lake; and WHEREAS, the White Bear Lake Fire Department acting under contract as Gem Lake'.s f re and rescue department and emergency medical service provider has made. several recommendations that city water in the business district is increasingly important to their ability to respond safely and effectively to a fire event.in this districtand tha the absence of.same severely limits their ability to respond to a fire event; grid WHEREAS, thc.RamseyCbuaty Public-Heial.th Department has recently expressedconcern that severalbusinesses in the district are servin;; food and beverages without the preparation or clean-up benefit of proper water supply thus iimitino the ability of the businesses to effectively maintain an environment satisfactory tq current pubk health standards; and WHEREAS, the potential for future development in the area is dramatically impeded by the. absence of a public water system; and WHERtA'S, >thp current sanitary server .systein is of an age that, using best practices, it sit be cpmidei ed for replacement due to possible;structural problems as well as.Iitflow/infiltration probletits; and WHEREAS, development of a.storni. drainage plan for the business district is consistent with the City'§NPDES Phase II MS4 and S.WPPP Pen -nit No. MN R.040000; and WHEREAS, Ramsey County has previously indicated a desire to turn back these two roadways to the City ofGettt L. of e making them public streets; now, therefore, be it RESOLVED., thattW City Council of the City of Gem Lake does hereby accept the proposals presented by SE14 for developittent of the feasabi lity..studies :and orders same to be completed. in a manner that would allow for consideration o [*the commercial district portion as Public Improvement ProjectNo. 2006-Q3-to becornmeneed in the 2006 construction I ea50tt. The foregoing Resolution was offered by Councilor .Bosak.and was supported by Councilot• Ras it(weir.and Nvas declared ntloNate nhIfowing vote: NAME EMEOTT- 'WA7W.. RASMUSSFr�-* , .SCHILLIN.G BO AK VOTE Aye .4ye I Aye I : Aje dye 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 accurate representation of action.taken by the City Council of the City of Gent Lake on the date.first written. xe ex,;G On 76'./4"P/ylL m 2005 Frederic C.14agnuson; City Clerk Date: in err .f eb {tilo c-fi1c: nW1ution12005W266546 CITY OF GEM LAKE RES OLUT ION NO.2005-27 16 NOVO4BM 2005 A RESOLUTION. EXTENDINGTHE EXISTINGJOINT POWERS AGREEMENT BETWEEN THE COMMUNITIES OF THE VADNAIS LAKE AREA WATER MANAGEMENT ORGANIZATION UNTIL 01 JANUARY 2007. WHEREAS; VLAWMO vAs.or£;anized in 1983 .to be the responsible government unit to provide oversight and managenient to see that the'requirements ofthe Metropolitan Water Management Act were enforced in the Vadnais Lake Watershed area; and WHEREAS, VLAWMO over the years has met the requirements: of the Metropolitan. Water Management Act; and WHEREAS, the member com.munities of VLAWMQ have enjoyed local control via:.appointment of a representative to representtheir community on the VLAWMO Board; and WHEREAS; the City of Gem Lake acknowledges.that.there are.areas of VL.A WMO's authority that needtto be unproved and is willing to increase annual contributions to VLAWMO, itis..felt.that the most et7lcientmeans to deliver water management services at this time is througlrawater management:organization; now, therefore, be it ItESO LV C D,. that the City Council of the. Cityof Gem. Lake recominends.that thi-Joiitt Powers Agreement between the :communities be :extended for.a:period of one (1) year, until 01 January20.07 and, be it FURTHER RESOLVED, that work.on.updating the VLAWMO Water Management Plan begin imtitediately. The foregoing. Resolution was offered.by Councilor Eineott and was supported by .Councilor Watson and was declared4titi tee based u n the followin voter TAME. EMEQTT. `VItA�I'SUN RASMUSSEN SCHM-FANG B AIL VOTE: Ave Aye Aye Aye Aye ATTEST- 1, Fretipric C.. Magnuson, the duly qualified. City. Clerk. of the. City of Gem Lake,..County of .Ramsey State of Mi► resotn, do hereby certify that the foregoing: Resolution is a.true and accurate represeatarion of action taken by the city Council of the City of Gem.Like.on the date first written. Frederic C. Magnuson, City Clerk Date &TtifiOb CoN c-rile: rcso1ution12005uuo2005-27 CITY OF GEM LAKE RESOLUTION NO.2005-28 16 NOVEMBER 2005. A RESOLUTION ADOPTING THE RECOMMENDATION OF THE GEM LAKE PLANNING COMMISSION'AND ORDERING THE ADOPTION OF PLANNING COMMISSION :RECOMMENDATIONS TO REPEAL ORDINANCE N.O. 12 AND ENACT (PROPOSED) ORDINANCE NO. 69, DRAFT "KI" AS*.GEM..LAKE ORDINANCE NO. 69. WHEREAS, the Gem Lake Planning Commission has considered the need to update the City's Animal Control Ordinance: originally adopted on 27 January L965 in order to insure.public safety; and WHEREAS; the Gem Lake Animal Control and.�Code Enforcement officers have. indicated a need to update these ordinances to -address circumstances which, in the future, could adversely impactptibliir..safety; and WHEREAS, the .seven cities. who contract with the Ramsey.ountySheriffhave.beeiiprovidedinformationthatsypports the need for -stricter local animal controls; and' WHEREAS,. the City Clerk. provided substantial background to. the: Planning Commissionfor consideratioli of revisions to. the Animal Control Ordinance; and WHEREAS, the Planning Cotflmission has held several publio hearings on the: matter with. no adverse. fndino or representations from residents;-tigw, therefore, be it. RESOLVED; that the City Counoil'of the Cityof teem Lake does hereby accept the recommendations.o.fthe Planning Commission. and orders the .repeal: ofOrdinanceNo. 12 and the enactment of (Proposed) Ordinance No. 6.9, Draft K as Gem Lake Ordinance No. 69, said ordinance to takefull force and effect upon summary publication. in the White:.Bear Press: and, be it FURTHER RESOLVED, that the City. Council of -the City of Gem Lake.charges the City Cierkwith development. of the local policies required to provide all residents guidelines f'orcompliance'with.the various provisions ofthe ordinance. The foregoing Resolution was offered by Councilor Bgsak and was supported by Councilor Watsur1 and was declared udoxed based upon the following vote: NAME EMEOTT WATSON BSAK: VOTE. Aye Aye riye .Aye Ave ATTEST I, Frederic C.. Magnuson, the dul�:qualified City Clerk of the City. of Gem Lake, County of Ramsey, State. of Minnesota, do hereby certify that the foregoing Resolution is a trueand. accurate representation ofactioit taken by the Ctty*Ot until .of the City of Gein Lake on the date first written. FlTftric C. Magnuson, City Clerk Date c-f iie: resolution12005i v200-28 CITY 09 GEM -LAKE RESOLUTION NO.2.005-29 16 NOVEMBER 2005- A RESOLUTION ADOPTING THE ASSESSMENT ROLE ASPREPARED 13Y THE CITY CLERK FOR PUBLIC IMPROVEMENT PROJECT NO. 2004-01. AND ORDERING SAME FORWARDED TO RAMSEY COUNTY FOR. ASSESSMENT AGAINST ALL. REAL PROPERTY BENEFITTED AND FOR COLLECTION COMMENCING WITH PROPERTY TAXESTAYABLE IN 2006; WHEREAS,:the City Council ofthe City of Gem. Lake did duly order Public Improvement No 2064-0.1 which included the installation of sanitary sewer and the reconstruction ofthe roadway along certain portions of Scheuneman Road; and WHEREAS, said installation and reconstruction have. beencompleted.in accordance with .the contract for the work as certified: vN, the City ]Engineer-. and WHEREA:S,.tlte.tinal..costs have been determined to bo.$68,2S0.1or the roadway reconstruction portion of the project with 78 benefgt 4property.units for.ag assessment of;$$75 per benefitted property unit as assessment R37061000;:and WHEREAS, the fhiaf -co is have been determined to be $517,400 for the sanitary.sewer portion of the project with 65 benefitted property units fox an -assessment. of $7,960 per benefitted property unit as assessment #37062000 and WHEREAS,. the City Council ofthe.City of Gent Lake has held a duly .noticed public hearing for the purpose of presenting the final costs.and assessments to the benefitted parties.and receiving the pubuesInput regarding the project; now therefore; be it RESOLVED; that the City Council ofthe City of Gem Lakedoes-hereby order the City Clerk to. certify the assessments herein described to Ramsey County Property Records -and Revenue for assessment againstreal property as.shown and for collection commencing with taxes. payable ih the year. 2006# and; be it FURTHER RESOLVED that.the term .of the assessment shall beaten (1.0) years and the rate of interest for the assessment shall be set at five (5.0"/0). percent with said interest calculated by Ramsey County Property Recdrds and Revenue as simple interest on the unpaid balance ofthe assessment -as ofNoyember 15 annually.. The foregoing: Resolution was offered'.by Counci for liosak and was supported by Cotin61 gr$djH#fig and was declared ndopterl based upon the following vote; NAME. toBill WATSON RASM JSS.EIY.. S NIl,L' l[NO B� VOTE Aye Aye Aye Aye Aye ATTEST I. Frederit: C. Magnuson, the duly qualified City Clerk of. the 'City of Gem Lake, County of Ramsey, State of Miandsota,.do hereby certifv that the foregoing Resolution isuutrueand accurate representation of action taken by the City Council of the City of Gela Lake on the date first written. Frederic C. Magnuson; City Clerk Date &rff ieb (;opg j(6✓{iyomi4ex2005 .g1ilc: resd1uliun12003\no2005=29 CITY OF GEM LAKE RESOLUTION NO.2005-30 19 December2005 WNERtAS,'the City 4fGemtake has, in prior.years, approved lawi�l:.gambling bycharitable non-prolit organizations within the -city; and- WHERCAS,;all lawful gambling by such organizations within the -city limits ofthe City:of:Gem.Lake is subject to all taws.and ordinances of the State of Minnmta,.:the County:of Ramsey, *and the City of Gem.Lake; and WHEREAS. the City Council of tho-City of Gem Lake intetidsto allots ganibling.by charitable organizations to continue during 2006; apd WHEREAS, the -City CouncRofthe. City of Gem Lake reserves the right to suspetid'or revoke the gambling license or gambling exemption of any atgahization upon review and due process. NOW THEREFORE BE 1T RESOLV.ED. that the City Council of the City of Gem .Lake, Ramsey County, `Minnesota'hereby approves, the following gambling license(s) for the period 01 January 2005 through 31 December 2005 :contir.> of upon. completion of all requisites of the City: GAMBLING LICENSE(S) : OPERATING LOCATION Lion Club Of White Bear.Lak& Country Lounge, Inc. The foregoing .Resolution was 6fret�ed*by-Council Member Mason and was supported by Council Member Selsillhig and was declaredwilopteul based upon the fellowing..vbte: NAME EIYme T 'W�IT50'M BOSAK SCHILLING: RASMIJ.SS)>;N:..: VOTE Aye Aye Aye Aye Aye ATTEST I, Frederic C. Magnuson, the duly gtiaEif(ed.City CI&k. bf the City of Gem Lake,.Countyof Ramsey; :State of Minnesota, do Wreby'certify that the foregoing Resolution is a true arid* accurate representation ofaction taken. by the City Council of the City of Gern Lake on the date first written. Frederic C:.Magnuson, City. Clerk Cerfi f ieb Copg Date e4llc: resdlutioni2005�no2005=30 CITY OF GEM LADE RESOLUTION NO: 2005-3-1 19 December 2005 W HEREAS,.Oem.Lkk6 Hills -and the Country Lounge have -applied for renewal Oftheir.On-Sale Liquorand Special Sunday On - Sale Liquor Licenses for the period 0 ] January 2006..throggh 3 I Decem6er.2006; and WHEREAS, said applicant has been similarly licensed inprior years in thetity of Gem Lake; and W HEREAS,.said applicant has operated the establishment without incfdent during 2005. NOW THEREFORE BE IT-RIESO.LVED that the City Council ofth6.City ofGem Lake does hoteby approvd-.renewai of On- 5de Liquor and Special Sunday On -Sale Liquor Ciceases for`the.period 01 January 2006.'through 31 December:?006 for Geni Lake Hills, Inc. and The Country Lounge. contingent`upott.completing all requisites of the City. The furegoing.l{esolution was offered by CooficiI MemberBoruk and was supported by Council Member Willson and was declared.ndopted }used upon the following, vote-* NAK k$Xk0'1''I' WATSON: BOSA)!C SCt�.I[LLi1�IG: RASMUSSEN':. VOTE. Aye .4ye Aye- Ave Aye ATTEST I. Frederic C. Magnuson, the duly qualified City Clerk ofthetity of Germ Lake, County of Ramsey., State -of Mitinesota,.do hereby certify that the foregoing Resolution is a true acid accurate representation of action taken by the..City.CounciI ofthe City. of 6.ein Lake on the date firstHrritten. Frederfc C..Magnusgn, City Clerk I &rUiT"'ieb -CoM. Date e-Glr: FVS0IUti011\200"N10H05.3I CITY OF GEM LAKE RESOLUTION NO. 205573Z 19*December 2005 ,WHEREAS, The Country Lounge. and Singh: Enterprises have: applied for renewal .of their Retail Tohacrpo Products Resellers Licenses t'or the period 01 January. 2006 through 31 December 2006; and WHEREAS; said applicatit has beerisimilarly licensed in prior years in -the City'of Getn Lake; and WHEREAS. Countty Lounge as applicant has operated the estab I ishmentwith no incidents during 2005 and HCO as*applicant has .opera[ed: with one (1) incident for which it was cited and fined in 2005; and WHEREAS. the State Of Minnesota has enacted legislation,.reference.Cltapter227 / H:F.117, requiring local units ofgovernment to establish or updatelocal ordinances regulating, retaittobacco sales and providing forcompliance checks,.the cost ofwhicl,.shall be -born by the licensee;'and W kl EREAS, the City hass-a Tobacco Compliance Ordinance No.:08 which. became efi'ective:28 February 1008. NnW THEREFDRE BR IT RESOLVED ti'tat the City Council of the City_ of Gem Lake does hereby approve renewal of .RLT AIL. TOBACCO PRODUCTS RESELLERS LICENSES to The Country Lounge and...Singh .Enterprises -for the: period 01 January 2006 through 3I..4ecetnber 2006;:and1 BE IT FURTHER RESOLVED that.the City retains the right of revocation at anytime in the event of violation of State laws :or Cite ordinances regarding the..retail sale.of tobacco products. -- The foregoing Resolution wtts.offered by Coundil.MembefSehli ingand vl±as supported byCouncil.Mer fiber Bosak and was declared ddoptrirl based upon the following vote: NAMI', EMkOTT WATSON* lto5 SCH-M--t LTG: RASMUSSEN,:'. VOTE Aye Aye. f Aye' Aye Aye ATTEST I, Frederic:G, Magnusorr,.the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, Stare of Minnesota,:do hereby cerfify that. the. foregoing.Re+solution is a irue.and accurate representation. of action: taken by the City Council ofxhe City of (3em lake. on the date first written. i Frederic C. Magnuson, City Clerk &rfifleb (Upg Date e-file; restiluli�n�?tHi:tbiii2Q05-3Z CITY OF CEN LANE RESOLUTION NO. * 005--33 19. December 2005 WHEREAS, Cafe.CmVings.has applied for renewal.oi`aii On-Sale-Nor0ni6xicating (Wine & Beer) Liquor and Special Sunday On -Sale Non -Intoxicating (.Wine & Beer) Liquor Licetlse for the period 01 January 1006 through.31 December 1006; and. WHEREAS-, said applicant has been similarly licensefln the prior years in the City of Gem Lake; and WHEREAS, said applicant has operated the establishment without incident during,20053. NOW THEREFORE BE IT RESOLVED that the.City Council of the City oFGenn Lake does hereby approve renewal of:a. 'On -Sale Non_intoxicating (Wine & Beer) Liquor and Special. Sunday On-S41e Non -intoxicating (Wine &..Beer).Liquor.License for the period' 01 January 2005 through 31 December.2005 to Cafe Cravings; Inc. contingent itpon completion .of allrequisites of the City. - The foregoing ltesolption was offered by Council Member gosuk.and was.supported by Council Member .Watsoir and was declared adopled based upon the following vote: NAME EMtOTT WATSt?N :.. BOSAK . SCHILLING ItASMUSSEIY-:'::. V.OtE Aye Aye .Aye. Aye Aye ATTi3ST L Frederic. C. iNagnuson, the duty qualif ed ..City Clerk*ofthe City of Gem Lake; Cottnty.of.ltamsey, State of Minnesota, do. hereby eby certify that. t}te:forego'inb Resolution is a true and accurate.representation .faction taken by -the City Counei! :of the City A* Gem Lake on the date first. written. -/9 9"0040 2005 t teaeric C:.Magnuson, City Clerk. &tiff ieb Copg Date e=111e: reso1uiioifVW'no2005.33 CQI TY OF GEM -LAKE RESOLUTION NO..1005-34 19 DECEMBER•2005. WH ERCAS,1he City Clerk has presented a (Proposed) Budget pfla18,000 which includes a (Pro posed). Tax Levy of $242,000 for I iscal and calendar year 20:06 based upon best estimates. of costs for running tho City of Gem Lake in 2006; and WHEREAS, these estimates were reviewed by the City- Council in August; 2005-and-amended based upon best information received from Outside contractors, and revised on 19�December, 2005;.and W H EREAS, the 0hy-Council did review f he (Proposed) Budggt:and Tax Levy for 30.06, including all. revi§ibnstltereto as of the: date first -written:. NOW THEREFORK BE IT RESOLVED, thatthe City.Council of the Citybf Gem Cake does formally -adopt ihi 2006 General Fund Opdget of33 16,796 which includes a Net Tax Levy of$240;1 .6 for•2.006 as prepartrd by the City Clerk;'and ilE IT FURTHER RESOLVED that the City Clerk is charged with Certifying .said flax Levy to •Ritmsey County Property Taxation and other government bodibs •fbe wham. this information is required.. The foregoing Resolution was'offored by Ctiuncilor Watson and was supported by Councilor Schilling slid was declared adopled.based upon the following. vote: NAME. EMEOTT WATSON. BOgrfiIC` :SCH[L•L1NlG• RA:SM><TSS.EN VOTE Aye Ave Aye Aye. Aye ATTEST 1, Frederic C. Magnuson, the duly qualified City. Clerk ofthe ry ofQem Lake, County of Ramsey. State of Minnesota, do fiei'eby certify:that the foregoing Resolution is a true-.4nnd•accurate representation of.action taken byothe City CounciI of the City of{tent Lake..on the date first written. •Fredcric C. Magnuson, City Clerk Vrtt f ieb eoptA Date clile: rck�IulionsL?boSCt�o21103=39