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HomeMy WebLinkAbout2006-08-21 CC PACKETCITY OF GEM LAKE MINUTES OF CITY COUNCIL MEETING 24 JULY 2006 The July, 2006 regular meeting of the City Council of the City of Gem Lake was called to order by Mayor Emeott on Monday, 24 July 2006 at 7:06 PM in the first floor meeting room of Tousley Ford. Mayor Emeott, Councilors Rasmussen, Schilling and Watson. Also present were City Clerk Magnuson, City Engineer Higgins, Jim Lindner and Craig Rafferty of die Planning Commission, Mark Sweet of the Business Development Committee. Others in attendance included: Al Schriber, George Jungmann, Gretchen Artig-Swomley, Dale Swomley, Ken Kirchoff, Cheryl Kirchoff, Jim Kohler, MaryJanssen, Dan Janssen, Patrick Kelly, Dave Ramberg, Bryan Hansen, Connie Kunin, Linda Hoeschler, Gord Kordosky, Robert Uzpen, Kim Anderson-Uzpen, Jay Bazooband, Debra Larsen, Roger Anderson, Ric Rosow, Jim McNulty, and Bryan Harjes. Mayor Emeott thanked those in attendance for coming. Following Mayor Emeott's request for additions, deletions, or corrections, the following actions were taken: 1) unanimous approval of the 19 June 2006 Minutes of the City Council meeting as amended on Motion by Rasmussen, Second by Schilling:2) unanimous approval of the 24 July 2006 Agenda of the City Council meeting as amended on Motion by Watson, Second by Rasmussen. Mayor Emeott then opened a duly noticed public hearing, noting that the hearing is a supplemental hearing to discuss changes in anticipated costs based upon residents requests for changes discussed at the first public hearing and additional findings by the engineers for Public Improvement Project No. 2006-01 (road improvements). Dr. Anderson- Uzpen asked about additional areas to be replaced and Mr. Higgins responded additional findings of subsurface problems were uncovered. Mr. Jungmann asked if the outfall at Haven Lane would be rebuilt - no. Mr. Kordosky asked if tree removal has been included - yes. Ms. Larsen asked about sloppy snow plowing and whether we would recapture costs from snow plowing - will attempt. Mr. Uzpen asked if rolled edges would again be used - yes, but not full curbing as pricing is substantial. Mr. Schriber re asphalt plowed onto his property. Dr. Andersen-11Zpen asked if a guaranteed maximum was in place - Mr. Higgins explained the public bidding process. Discussion of installation of snow plow stakes. Mr. Schriber indicated he had incurred damage to his sprinkler system. Discussion of cost of curbing at $5.00 per foot. Discussion of cost increases followed. Mr. Schriber wants to see the bids - bid totals were read. The public hearing portion of the meeting was closed at 7:20. RESOLVED: Motion by Schilling, second by Watson to adopt Resolution No. 2006-16 was unanimously approved. Work will begin to meet the completion date of 31 August 2006. Report on bonds and bond sale by Mr. Magnuson to request continuation to 31 July 2006. Discussion by Mayor Emeott regarding combining Ordinances No. 43H and 58C into a single ord inance to further facilitate land development in the City of Gem Lake. The new ordinance will be known as the Gem Lake Land Use And Development Ordinance. Also this will be more convenient for the City. RESOLVED: Motion by Rasmussen, second by Schilling to adopt Resolution No. 2006-24 providing for the subdivision ordinance and the zoning ordinance to be combined into a single ordinance to be known as the Gem Lake Land Use And Development Ordinance was unanimously approved. Mr. Schilling reported on the activities of the Economic Development Committee (Mark Sweet and Hutch Schilling), reporting on the 18 July 2006 meeting with potential Hoffman Corner's developers and the 20 July 2006 Neighborhood Advisory Group meeting with Hartford indicating a committee will be formed to represent the residents. Mayor Emeott then introduced Ordinance No. 43H, ind icat ing action had been postponed to provide Mr. McNulty and the Builders Association counsel an opportunity to respond with recommendations for change. Following their submissions and review by Mayor Emeott and Mr. Lindner, Interim Planning Committee Chairman, Mayor Emeott prepared a report which was distributed to the parties identified. Mayor Emeott then noted the need to complete the amendments to the zoning ordinance to appropriately plan for future needs of the community and provide a long term document requiring only minor changes. Mr. Rosow was recognized, discussing changes proposed and feels Hillary Farm should be exempted permanently from changes as the changes negatively impact Hillary Farm. Mayor Emeott noted changes would be primarily for the benefit of a single development and not general changes, noting changes requested worked primarily for Hillary Farm. Mr. Rosow again spoke of many meetings and asked for further extension of exemptions. Mayor Emeottreferred to houses that have deferred to the new regulations and their success. Mr. Watson said he understood Hillary Farm would be okay with further extensions and are changes better for him or the whole community. Mr. McNulty said that most of the time the last two years dealt with Hillary Farms and to ignore their recommendations does not make sense. Mr. Watson asked if Mr. McNulty objected to the entire ordinance or portions of the ordinance to which Mr. McNulty answered portions. Discussion of how changes impact other zoning districts Page 1 of 29 versus R1. Mr. Rosow commented on impact to zoning districts and that they were trying to address their own needs. Mayor Emeott commented on his concern that many proposed changes related solely to new development and not redevelopment. Mr. Rosow then spoke to dedication of property and set back/open space as a problem. Mayor Emeott then addressed the issue referencing White Bear Township models reviewed. Mr. Rosow said we should not simply adopt something because White Bear Township or others nearby have adopted that thing and asked if Bryan Harjes and Roger Anderson could present their arguments relative to negative impact of changes. Mr. Magnuson asked Mr. Rosow if this presentation has to do with set backs in the NPDES section to wit he answered yes. Mr. Magnuson stated he understood that the City has agreed in principle to exempt permanently those sections related to the stormwater portion as the subdivision was previously approved without these sections. Mr. Rosow confirmed Mr. Magnuson's comments. Mr. Magnuson referred Mr. Rosow to Mr. Newcome for language development of the exemptions. Mr. Watson proposed the City extend Resolution No. 2006-23 from one year to three years exemption for Hillary Farm and asked Mr. Rosow if that would be acceptable. Mr. Rosow responded yes he thinks so. Mr. Watson stated the City wants to assist Hillary Farm to be successful. Mr. Schilling stated we are addressing issues not previously addressed. Mr. Rasmussen also supported Mr. Schilling's statements regarding the changes proposed. RESOLVED: Motion by Watson, second by Rasmussen to amend Resolution No. 2006-23 so as to further extend the exemption of Hillary Farm from proposed changes to the zoning ordinance for a period of three (3) years total in addition to the two years provided by state statutes. RESOLVED: Motion by Schilling, second by Rasmussen to adopt Resolution No. 2006-20 was, following discussion of height with Mr. Rafferty and Mr. Lindner, unanimously approved. RESOLVED: Motion by Bosak, second by Rasmussen to approve summary publication of Ordinance No. 43H and to place both printed and electronic copies on file with the Ramsey County Library in White Bear Lake. Mayor Emeott then introduced for consideration the (proposed) Park Land Dedication amendment to the Subdivision Ordinance. Mr. Magnuson reported that a duly noticed public hearing on 10 July 2006 was convened to receive public comment on the addition of the (proposed) Park Land Dedication amendment to the Subdivision Ordinance. Mr. Magnuson noted the wide spread use of this vehicle to support parks, trails and open spaces. Mr. Magnuson explained the intent at ten percent of the land or pre -development cost of land and how language was developed. Mayor Emeott reported that a quorum was not present at the public hearing so the report is offered to the City Council without the recommendation of the Planning Commission. Mr. Emeott then reported on changes to state statutes regarding the three necessary elements to approve such an amendment: A park and trail plan in the Comprehensive Municipal Plan, estimated cost in the capital plan including parks and trails, a separate account to manage the funds and confirmed we have all three requirements. Mayor Emeott explained how charitable gambling fiords were deposited in the fund to establish same. Mr. Uzpen then spoke to the maximum amount to be ordered to which Mr. Magnuson responded that ten percent is an unopposed amount typically while larger percentages usually draw both attention and opposition Mr. Kelly confirmed ten percent is the generally accepted practice and larger percentages draw attention as unjustifiable. Ms. Larsen asked if we have a committee to develop parks to which Mayor Emeott responded that we will seek to appoint a Park Commission in the near future. RESOLVED: Motion by Watson, second by Schilling to adopt Resolution No. 2006-22 was unanimously approved. Mayor Emeott reported on Mr. Bosak's recommendation of Mr. Ryan Green to redevelop our website at a cost of $1200 and $50.00 per month for maintenance. Mr. Watson said that the internet website is an excellent addition for forms and information and links for other information including the Neighborhood Watch Program. Our neighboring communities have excellent interactive websites and ours needs improvements. Ms. Larsen asked about maintenance and Mr. Schilling indicated it was part of the proposal and his monthly fee is very inexpensive. Mayor Emeott reported that the current budget supports this development. RESOLV ED: Motion by Schilling, second by Rasmussen to approve Ryan Green as website designer and approve an expenditure of $1,200 for development and $50 per month for maintenance was unanimously approved. Mayor Emeott then explained the need for additional meeting time to deal with many of the issues facing the City. Rather than call special meetings, it was suggested that a workshop be established for discussion of issues facing the City. Mr. Watson supported the idea as did Mr. Rasmussen_ Mr. Magnuson supported establishing a regular meeting time convenient to the Council rather than publishing each meeting. Mr. Schilling then spoke supporting the need for more meetings. Mr. Watson indicated we have at least six months of needs currently and supports the monthly workshop. The location will be set based upon discussion with others. Discussion ofpublic open meeting followed with Mayor Emeott stating that meetings by email were also not allowed. Ms. Larsen spoke regarding the workshops. Mr. Magnuson indicated the website could be used to accept suggestions. Mr. Sweet spoke regarding committee participation at the workshops. RESOLVED: Motion by Watson, second by Schilling to approve the addition ofmonthly workshops to the City Council meeting schedule commencing on 14 August 2006 and then in September on the fast Monday of each month and on the day immediately following if the day falls on a designated holiday was unanimously approved. Mayor Emeott than discussed the use of Consent Agenda. Mr. Magnuson reported that Consent Agendas contain routine and non -controversial issues and typically historic reports of events that have already happened. They are used extensively to streamline meetings and are supported by the League of MN Cities. If there is an objection, one items can Page 2 of 29 be removed. Mr. Rasmussen spoke in support of the idea. RESOLVED: Motion by Rasmussen, second by Schilling to adopt Resolution No. 2006-25 was unanimously approved. Mr. Watson then spoke regarding timing of submission of materials for City Council consideration, suggesting the information be submitted in a structured form not later than the Tuesday prior to a City Council meeting. Mr. Rasmussen suggested the motion be amended to four business days prior to the meeting. RESOLVED: Motion by Watson, second by Schilling to require submissions for City Council approval be submitted by the close of business four (4) days prior to the meeting date was unanimously approved. Mr. Kelly was then introduced and he, in turn, further presented Mr. Dave Ramberg. Mr. Kelly then made a presentation on his credentials as City Attorney for White Bear Township, Taylors Falls and others and discussed several issues including dealing with (re)development and the issues attendant to (re)development. He supported the workshop concept. He spoke of land values impact on (re)development and of how the City can be taken advantage. He spoke to opening the lines of communication and working cooperatively to offset annexation issues. He reported he has suhm itted a proposal to the City to serve as City Attorney. He also encouraged development of a meth ordinance in advance of problems. He also suggested an ordinance dealing with abandoned cars, condemnation of property and other criminal issues. Following discussion of traffic issues, Mr. Ramberg was introduced. Discussion of Mr. Kelly's relationship with the Met Council followed, encouraging application for all grants possible. Finally, discussion of Mr. Kelly's associates followed with Mr. Kelly introducing his associates. Mr. Ramberg spoke in support of the Kelly associates. Finally, Mr. Kelly spoke of his ability to work with developers and bring good results to all. RESOLVED: Motion by Schilling, second by Watson to appoint Mr. Kelly City Attorney and to transition from Mr. Newcome to Mr. Kelly between now and 01 September 2006 was unanimously approved. Mr. Schilling then spoke to further streamlining the process due to work increase. Staffreporting was then discussed and Mr. Magnuson was directed to report to Mr. Watson, who will assist in prioritizing same. Mr. Magnuson reported that the job today is dramatically different than when he started seventeen (17) years ago and that analysis has been begun relative to demands on time. Motion by Schilling, second by Emeott that the City Clerk report directly to Mr. Watson was unanimously approved. Mayor Emeott and Mr. Rafferty then discussed Mr. Bazooband's proposed new home plans at 1140 Goose Lake Road. Mr. Rafferty discussed his opinion indicating this is a good use ofthe intent of Ordinance No. 43H. Mr. Magnuson indicated Mr. Bazooband has agreed to be governed by the new ordinance and that the dwelling includes a 44' height with architectural elements uniformlyplaced in the 44'span. The highest side ofthe home will face effectively northwest and will not effect any adjacent properties except that owned by Mr. Bazooband. While some additional grading will be required to achieve the walkout design, it is not substantial. It is the recommendation ofthe Plan Review Committee that a Conditional. Use Permit be issued for construction of a 44' high walk out design as presented and reviewed be issued. RESOLVED: Motion by Emeott, second by Watson to approve issuance of a Conditional Use Permit to allow construction of a walkout design with a facade of greater than 35' and not more than 44' per plans, details and specifications was unanimously approved. RESOLVED: Motion by Schilling, second by Watson to not waive municipal tort liability and to so advise the LMCIT ofthe decision. RESOLVED: Motion by Rasmussen, secondby Schillingto approve execution ofthe LMCIT form by the City Clerk to indicate non -waiver of tort liability limits was unanimously approved. RESOLVED: Motion by Schilling, secondby Watson to approve the Consent Agenda was unanimously approved. It was noted that this item will, in the future, appear at the beginning ofthe agenda. Mayor Emeott then announced that this meeting will be continued to 31 July 2006 at 7:00 PM at this location to consider the sale of bonds for Public Improvement Project No. 2006-01 and accounts payable. Mayor Emeott at 9:24 PM then declared the meeting continued to Monday, 31 July 2006, at 7:00 PM. The meeting was continued to 7:00 PM to Monday, 31 July 2006 in the first floor meeting room of Tousley Ford at 8:40PM.. The July meeting ofthe Gem Lake City Council was reconvened at 7:00 PM on Monday, 31 July 2006, by Mayor Emeott. Councilors Bosak, Watson, Sch i [ling and Rasmussen were present. Also present were Clerk Magnuson, Craig Rafferty, Special Bond Counsel Martha Ingram (Kennedy & Graven) and Financial Consultant Todd Hagen (Ehlers & Associates). RESOLVED: Motion by Mr. Schilling, Second by Mr. Bosak to amend the agenda to include appointment of developer and landscape architects for the retail business redevelopment project and appointment of the Zevan Corporation as the City's public relations consultant was unanimously approved. Page 3 of 29 Mr. Hagen then summarized the sale of Gem Lake Public Improvement Bonds for Public Improvement Project No. 2006-01 (PIP2006-01) today and noting Wells Fargo as the successful bidder at a very competitive rate as represented on the report attached. RESOLVED: Following discussion, motion by Mr. Schilling and second by Mr. Bosak to designate the City Clerk as registrar of the bonds was unanimously approved. RESOLVED: Following discussion including comments by Special Bond Counsel Martha Ingram, motion by Mr. Bosak and second by Mr. Rasmussen to adopt Resolution No. 2006-26 was unanimously approved. Mr. Schilling then reported on the recommendation of the Economic Development Committee that The Solomon Group be appointed as the developer the City would like to work with on the Retail Business District Redevelopment Project and that Damon Farber be appointed as landscape architect for the project. RESOLVED: Motion by Mr. Schilling, second by Mr. Watson to appoint The Solomon Group as Developer and Damon Farber as Landscape Architect for the Retail Business District Redevelopment Project was approved unanimously on an individual voice vote. RESOLVED: Motion by Mr. Schilling, second by Mr. Bosak to appoint the Zevan Corporation fas the public relations firm of record for the City of Gem Lake for a period of two (2) months at the rate of $5,000 per month was unanimously approved. It was further understood that based upon a review of Zevan's results, additional extensions may be requested for approval by the City Council. It was further agreed that Mayor Emeott, Mr. Schilling and Mr. Sweet would meet subsequent to this evening to position and prioritize Zevan's work. Mayor Emeott then reported he is working with Mr. Kelly to prioritize the work list. Mayor Emeott indicated he would fax his list to all for review. ADJOURN: Motion by Mr. Bosak, second by Mr. Schilling to adjourn at 7:58 PM was unanimously approved. AUTHORED: 07 August 2006 APPROVED: 21 August 2006 ATTEST: Frederic C. Magnuson City Clerk ATTEST: Paul R. Emeott Mayor efite: Minutes12006\197ju1m.wpd Page 4 of 29 Telephone: ( 651 ) 426 - 6443 CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East Gem Lake, MN 55110-5231 Email: gemlakecity@aol.com Planning Commission Public Hearing, July 10, 2006 ■n?�rl,.11 i Facsimile: ( 651 ) 426 - 6444 The Gem Lake Planning Commission held a public hearing on proposed changes to Ordinance 58B Monday, July 10, 2006 in the first floor meeting room of Tousley Ford. Planning Commission members Jim Lindner and Derek Wippich were present to hear public comment. Several city residents were present. Mr. Lindner read the formalities and opened the public hearing at 7:OOPM. He then offered ideas as to where public parkland could be located in Gem Lake and potential uses. He mentioned a bicycle trail could possibly run along utility easements on future land developments inside the city. Gretchen Swomley asked questions regarding easements along the backside of properties which could be a security issue for some residents. Others in the audience agreed with her, but most were comfortable if any proposed trail ran along property frontages. Mayor Emeott commented that 10% of land (or the financial equivalent thereof) is common for cities to require for park dedication. He added that the City of Minneapolis is asking for somewhat more (possibly 14%) but such requirements are rare and may be the subject of legal challenges. Resident Bob Uzpen suggested Gem Lake request the maximum allowed by state statute. As the discussion began to drift off the public hearing topic, Mr. Lindner intervened and asked for any more comment on the topic at hand. Hearing none, he closed the public hearing at 7:45PM. Planning Commission Workshop, July 10, 2006 In the absence of a quorum (Mr. Rafferty out of town, Mrs. Robins unavailable, Mr. Hoeschler resigned) interim chair Lindner convened a workshop at 7:45PM with several members of the community present to discuss various topics important to Gem Lake. Topics included the need for a planned unit development (PUD) and a residential mixed use (RMU) ordinance to help promote development of certain lands in Gem Lake subject to the recent court ruling by Judge Krause. Mayor Emeott distributed a draft of a PUD ordinance to all present and discussed how it would work and how it would enable the City of Gem Lake to work with developers yet maintain a degree of control in exactly how the land is developed. At first glance, most present thought the mayor had made a good effort in getting this process started, though it will take time to get a final product. Through the conversation, it was suggested to Mayor Emeott that he submit a copy of his draft to City Planner Mark Nolan of SEH for review and further development. The possible annexations of several Gem Lake parcels into Vadnais Heights was the driving force for several comments regarding the need to develop Gem Lake, though some present asked why Gem Lake's existing zoning was not sufficient to promote development. Mr. Lindner and Mayor Emeott explained how Judge Krause placed greater expectations upon Gem Lake as a city towards developers than its current zoning and planning have allowed thus far. Community involvement in Gem Lake affairs was also discussed. A city newsletter would help communicate happenings in the city. Others suggested the draft PUD ordinance be circulated for public input (Lindner explained that any ordinance would have to have a dedicated public hearing before the Planning Commission could make a formal recommendation for adoption by the City Council). Through it all, those present said communication was the key for the city to make its residents aware of what is going on with their city. JMr. Lindner reminded all present of two public hearings next week (July 18 and July 20) to gather public comment and input for two proposed development areas of Gem Lake, the extreme southeast corner and the Hansen lands along County Road E. He also stated there is at least one opening, and possibly two, on the Planning Commission and encouraged all present to apply to the City Council if interested. Even the presence of one more member tonight would have allowed a quorum which could have resulted in a formal recommendation to the City Council on the public hearing tonight. In the absence of a quorum, Lindner added, the City Council may possibly take up tonight's action with no Planning Commission input save these minutes. Mayor Emeott added that he would like two alternates be added to the Planning Commission to prevent the absence of a quorum as in tonight's case. There being no more input from the public at tonight's workshop, Lindner adjourned the workshop at 8:35PM. Jim Lindner Planning Commission interim chair -j PROPOSAL FORM City Council July 31, xoo6 City of Gem Lake, Minnesota RE; $245,000 General Obligation Improvement Bonds, Series 2006A DATED. August 23, 2006 For. all or none of the aboveBonds, we will payyou S 241.325 (not less than $241,325) plus accrued interest to date of delivery for such Bonds maturing on February 1 in the years and atnaunts designated below and bearing interest at the rates as follows. Interest Interest Puri ,Amount Rate Maturity Amount Raw 2006 S/20,0 4.30 % 2013 525,00 .30 Please see 2000 1( % 2014 25,0 t( % attached 2010 �� % 2015 25, 0 ��amort':ization 2011 it % 2016 30 00 �� % schedule 2012 ll % 2017 3 ,f00 " % Please check one of the following redemption features: payment XX The l3onds will be subject to call and prior payment on any date at a price of par plus accrued interest. n Jon or after August 1, 2010 Bonds mattiring-February 1, 2013 and thereafter are subject to prior redemption on February 1, 2012 and any date thereafter at par plus accrued interest. Please check one of the following: XX The Bonds will be issued in typewritten form. — The Bonds will be issued as fully registered Bonds. This proposal is for consideration and acooptance by the City Council on July 31, 2006, and is conditional upon delivery of said Bonds 'to us within 40 days of award Delivery is anticipated on or about August 23, 2006. The Bonds will be general obligations of the City, `bank qualified" and mx exempt, as ovidoneed by a legal opinion of Kennedy & Graven, Chartered Minneapolis, Minnesota, as bond counsel. Submitted by: Name of Institution: Wells Fargo brokerage Services, LLC — public Finance Submitted By; Michael 01auson Title: Senior Vice P .esi ant Signataro: The City reserves 'the right to reject any and all proposals and to waive any inforamlity in any proposal. The foregoing offer is hereby accepted by and on bohalf of the City Council of the City of Gem Lake, Minnesota this day of '2006. Title, Title: J City of Gem Lake, MN Results of Bond Sale ,gr `JL July 31, 2006 $245,000 General Obligation ` 40�1� `P l.. Improvement Bonds, Series 2006A Low Bidder Wells Fargo Brokerage Services, LLC Minneapolis, Minnesota True Interest Cost 4.5839% Number of Bids 3 Rating Non -Rated Range of Bids 4.5839% - 4.7274% Total Debt Service Results of Sale Principal Amount $245,000 Discount Taken $3,675 True Interest Cost 4.5839% Interest Rate 4.30% Available for Const. $227,126 Interest Expense $66,544 Cost of Issuance $9,575 Capitalized Int. $4,624 Bond Buyer Index 4.55% Closing Date August 23, 2006 Council Action Accept the bid from Wells Fargo Brokerage Services, LLC and Adopt "Resolution Providing for the Issuance and Sale of $245,000 General Obligation Improvement Bonds, Series 2006A" Attachments 0 Bid Tabulation ■ Final Debt Schedule ■ Graph, Bond Market ■ Bond Resolution EHLERS 0 & ASSOCIATES INC 3060 Centre Pointe Drive Roseville, MN 55113-1105 651.697.8506 fax 651.697.8506 www.ehlers-inc.com BID TABULATION $245,000 General Obligation Improvement Bonds, Series 2006A CITY OF GEM LAKE, MINNESOTA SALE: July 31, 2006 AWARD: WELLS FARGO BROKERAGE SERVICES, LLC RATING: Non -Rated BBI: 4.55% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE WELLS FARGO BROKERAGE SERVICES, LLC Minneapolis, Minnesota UNITED BANKERS' BANK Bloomington, Minnesota MILLER JOHNSON STEICHEN KINNARD INVESTMENT SECURITIES, INC. Minneapolis, Minnesota 2008* 4.300% 4.300% 2009* 4.300% 4.300% 2010* 4.300% 4.300% 2011 * 4.300% 4.300% 2012* 4.300% 4.300% 2013* 4.300% 4.300% 2014* 4.300% 4.300% 2015* 4.300% 4.300% 2016* 4.300% 4.300% 2017* 4.300% 4.300% 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.500% 4.500% 4.500% 4.500% 4.000% 4.000% 4.250% 4.500% 4.500% 4.500% 4.500% 4.800% 4.800% 4.800% *$245,000 Term Bond due 2017 with mandatory redemption in 2008-2016 $241,325.00 $70,218.69 $241,692.50 $71,560.62 $243,481.00 $73,019.94 4.5839% 4.6612% 4.7274% E H L E R S 3060 Centre Pointe Drive, Roseville, MN 55113 651.697.8500 fax 651.697.8555 www.ehlers-inc.com & ASSOCIATES INC Offices in Roseville, MN Brookfield, WI and Lisle, IL } O y ` O m O a�D r WJ -a J� mama m mr(n 2 0 rn O W. 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E -6 -6 m E �+ L 0) U y N d d m O C 00 t C M N N 0 U C O U 7 > O C U nv v co rn o o 0 v a v U L u _ 0 O y c Z f9 Cmj � Ifl N � OdvLv� 7 0 C Q C O E O 0 c «� 0 m C N y r m m m z o m O O N All ■ �� r■■r��rr��s J cn oc w W Lw X w 0 Z w p=p Z O m GC Oct w w LL H Z w F- c� N o rn oo ti 0 Lo % IUGOJGd (ZP O`' (Z°` Off' o° o° o° ob cp1 tCD o J� N (�` l N O� 00 a) oti o� Oo (Z' cb °b (bb (b off` (o Z� 0- 0- LO 14 x m c L M� W c m (0 0 0 N a Extract of Minutes of Meeting ,l of the City Council of the City of Gem Lake, Ramsey County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Gem Lake, Minnesota, was duly held on Monday, July 31, 2006, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: The following written resolution was presented by Councilmember who 0 moved its adoption, the reading of which had been dispensed with by unanimous consent: j 1 RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $245,000 GENERAL OBLIGATION IMPROVEMENT BONDS (2006 ROAD IMPROVEMENT PROJECT) OF 2006; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Gem Lake, Ramsey County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01. It is hereby determined that: (a) the following assessable public improvements (the "Improvements") have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapters 429 and 475, as amended (collectively, the "Act"); Project Designation & Description: Total Project Cost Big Fox Road, Little Fox Lane, Haven Lane and Tessier Road Improvements $245,000 (b) it is determined that it is necessary and desirable for the sound financial management of the City that the City issue and sell its General Obligation Improvement Bonds (2006 Road Improvement Project), Series 2006 (the "Bonds"), pursuant to the Act to provide financing for the Improvements. 1.02. Award to the Purchaser and Interest Rates. The proposal of Wells Fargo Brokerage LLC (the "Purchaser") to purchase $245,000 General Obligation Improvement Bonds, Series 2006 of the City described in the Terms of Proposal thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and is hereby accepted, the proposal being to purchase the Bonds at a price of $241,325 plus accrued interest to date of delivery, for Bonds bearing interest at 4.3 %. True interest cost: 4.58% 1.03. Good Faith Check, and Contract with the Purchaser. The City Clerk is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds To provide financing for the Improvements, the City will issue and sell the Bonds in the original aggregate principal amount of $245,000, originally 2 dated August 23, 2006, in the denomination of $5,000 each or any integral multiple thereof, numbered ^� No. R-1 upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Maturity Amount Maturily Amount 2008 $20,000 2013 $25,000 2009 20,000 2014 25,000 2010 20,000 2015 25,000 2011 25,000 2016 30,000 2012 25,000 2017 30,000 1.05. Optional Redemption. The City may elect on August 1, 2010, and any day thereafter to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2007, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. j jU�o, (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (fl Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charles. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Mointment of Initial Regstrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the 11 i Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Clerk must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Clerk and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. When the Bonds have been so prepared, executed and authenticated, the City Clerk will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. TempgM Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the following form: [The remainder of this page is intentionally left blank.] 5 No. R- Rate UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF GEM LAKE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2006A Maturity February 1, 20_ Date of Original Issue August 23, 2006 n/a CUSIP The City of Gem Lake, Minnesota, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ , maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2008 20,000 2013 25,000 2009 20,000 2014 25,000 2010 20,000 2015 25,000 2011 25,000 2016 30,000 2012 25,000 2017 30,000 with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on A4 1, 2010, and any day thereafter to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $245,000 all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a 0 resolution adopted by the City Council on July 31, 2006 (the "Resolution"), for the purpose of providing ^1 money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Gem Lake, Ramsey County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF GEM LAKE, MINNESOTA 7 (Facsimile) (Facsimile) City Clerk Mayor PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Registrar Wells Fargo Brokerage Services LLC Federal ID #41-1508325 3.02. Approving Legal Opinion. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. (a) The Bonds are payable from the Improvement Bonds, Series 2006A Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of special assessments ("Assessments") levied or to be levied for the improvements described in Section 1.01 ("Improvements") financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Clerk is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund capitalized interest funded from Bond proceeds. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.02. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2008 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. No Tax Levy Required. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. County Auditor Certificate as to Registration. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Ramsey County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Offering Memorandum. It is determined that no comprehensive Official Statement or offering material has been prepared or circulated by the City in connection with the sale of the Bonds and that the City is relying on the investment representation of the Purchaser in an investment letter of even date now on file with the City Clerk. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenant. 6.01. Tax -Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal 0 Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. (b) For purposes of qualifying for the small -issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activi1y Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Continuing Disclosure. 7.01. No Requirement of Continuing Disclosure. Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount less than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bonds. Section 8. Defeasance. 10 1J 8.01. Pledges Covenants, and Other Rights to Cease. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 11 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof. - and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 12 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) CITY OF GEM LAKE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Gem Lake, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on July 31, 2006, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $245,000 General Obligation Improvement Bonds (2006 Road Improvement Project) of 2006 of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of 2006. (SEAL) City Clerk City of Gem Lake, Minnesota 291520v3 MNI GE190-5 MOTION TO APPROVE PUBLICATION OF SUMMARY ORDINANCE NO.43-H I move that in lieu of publishing the entire text of Gem Lake's Zoning Ordinance No. 43-H, the title and a summary of Ordinance No. 43-H be prepared by the City Attorney consistent with the text of the Executive Summary thereof prepared by Mayor Emeott be published. I further move that the City Council find that the title of Ordinance 43-H and a Summary prepared by the City Attorney consistent with Mayor Emeott's Executive Summary will clearly inform the public of the intent and effect of Ordinance No. 43-H. A:\StaticcopyofGemLakeSummaryOrdinanceNo.43-H.wpd 1j Proposed changes to Zoning Ordinance - City of Gem Lake, MN Ordinance 43H Version 2 General Statement - The proposed changes to the Gem Lake Zoning Ordinance being considered tonight, by the City Council, end an approximate 2 years of effort by the Gem Lake Planning Commission and City Council to update the City of Gem Lake Zoning Ordinance. 1) Reason for these proposed changes: All of these proposed changes have been made to get this Ordinance in better agreement with Section 2 of the Zoning Ordinance which describes this Ordinance to be for the purpose of: A) protecting the public health, safety, morals, comfort. convenience and general welfare. B) dividing the city into zones and districts restricting and regulating therein the location, construction, re -construction, alteration and use of structures and land. C) promoting orderly development of the residential, business and industrial uses. D) providing adequate light, air and convenience of access to property E) preventing overcrowding of land and undue concentration of structures by regulating the use of land and building and the bulk of buildings in relation to land and buildings surrounding them F) providing for the compatibility of different land uses and the most appropriate use of the land throughout the city. 2) In addition the proposed changes also: A) try and get the Zoning Ordinance in step with new building practices, building methods and trends B) get the Zoning Ordinance to be in agreement with the suggested changes and additions identified in the City of Gem Lake Comprehensive Plan of 1997. C) have the Zoning Ordinance reflect the new regulations on Soil Erosion and Storm Water Management. 3) If has taken many Planning Commission meetings and numerous public hearings (the latest on on June 5, 2006), in the last 2 years, to get to where we are today on the proposed Zoning Ordinance changes now being considered for adoption.. Executive Summary Here are the proposed changes given in the form of an "Executive Summary". Not every change is described in this summary, but the points that have the greatest impact are covered. (GLzoneingchangesexecsummary) Page 1 of 3 1) The entire Zoning Ordinance has be re -codified to align sections of the Ordinance into more logical locations - For instance, the description of all zoning districts is now located in the same area of the Zoning Ordinance.- In sections 5 to 12 2) In all instances, in this Ordinance, the term "Special use" has been changed to "Conditional use" to provide a better understood term for this procedure to regulate uses that are somewhat special for a given zoning area 3) Section 3 — Definitions. This section has had many changes and additions A) Definitions Changed include, Height- Building, Outlot, Sign -Canopy. B) Definitions have been copied from the Subdivision Ordinance to the Zoning Ordinance. These include: Easement, Zoning Adminsitrator, Way -Authorized Private, Watershed, Watercourse and Water Body C) New additions of definitions include, Basement -Look Out, Basement - Walk Out, Basement -Walk ,Up, Clustering, Patio, Bed and Breakfast, Use - Conditional, Condominium, Residential, ISTS, Townhome 4) Some new or reworded Permitted and Conditional uses have been added to some of the "Business Zoning districts". Other uses have been moved from permitted to only permitted with a conditional use permit. No changes in uses were made to the GB-11 or LDB districts. 5) A listing of items that can be placed in structure setbacks in the residential districts, is now provided. These items, such as fences, patios, fireplaces, shed and pools are now listed — Section 7.5.2 for RI and related sections in other R districts. 6) Regulations on the construction and safety features of Outdoor Swimming Pools and Spas has been added - New Section 16.14 7) Regulations on the construction and locations of Fences has been added. Split rail fences can be erected in almost all areas. Other fences might require a conditional use permit - New Section 16.13 8) New Section added on Soil Erosion and Sedimentation Controls and Storm Water Management ( Required by NPDES regulations) — New Section 22 9) Park Land Dedication of land or a money sum is now required on all platting and PUD development— New Section 18.20 10) Difference between Conditional Uses and Interim uses has been better defined 11) The Section titled - Density Zoning and Density Transfer- has been renamed to Clustering and Density Transfer — Section 18.19 12) Plan review requirements for residential construction have been added. A listing of exactly what materials need to be submitted is listed. — New Section 18.2.3 13) The "Plan Review Commission" duties and procedures have been listed. This commission will review all residential plans per Section 18.2.3 14) The percent open space, that must be allowed for in each lot in each zoning district, has now been added to the tables for "Area, Frontage and Yard Requirements" for each zoning district. (residential and business). 15) Statements about having two frontages on lakeshore lots in the R1 zoning district have been removed. Lake frontage requirement of 200 feet minimum has been added to "Area, Frontage and Yard Requirement" table for the R1 district. J (GLzoneingchangesexecsummary) Page 2 of 3 J 16) Building requirements on "agricultural structures" has been reworded and added to each R Zoning district. This type of structure is now a conditional use. 17) Zoning Ordinance section left for future PUD regulations - Section 13 18) Zoning Ordinance section left for future Recreational Open Space regulations — Section 14 19) Open space for an institutional overlay has been changed to 25% to be in line with the same requirement in the LDB zoning area. 20) Residential building heights and the method used to measure them have been changed in all "R" (Residential) Zoning districts. A) The total height of structures in the R1 district has not changed from 35 feet but the R2, R3 and R4 districts now allow for a 30 foot maximum height. B) The place where the building height measurement is measured from (grade plane) has been proposed to be changed. Building height is now defined to be measured at the grade plane at a point 6 feet from the front entrance of the structure - See Height, Building in Section 3 - Definitions In the current Zoning Ordinance (43G) building height is described as measured from the mean curb level along the front lot line or from the mean ground level of all of the frontage of the structure having frontage on a public right-of-way whichever is higher. C) No changes were made in "Accessory structure" heights in any of the zoning districts 21) Provisions are provided to allow for the request of a Conditional use permit for construction of a "walk -out" type residential structure that has a walk -out exposure that is not over 10 feet in height greater than for the allowed maximum building height ( In each of the "R" zoning districts). See Section 5.4.2 for the R1 district requirements — the requirement for other residential districts are similar. 22) .Two-family dwellings are now proposed to be allowed with a Conditional Use Permit in the R2 zoning district. 23) The use of portable storage containers is now restricted to allow them only to be used with an Interim Use permit and only when a building permit has been issued .for the site where they will be located.- Section 18.3.1 and 18.3.2 24) Requirements for landscaping of all parcels of property has been defined. Landscaping must be completed within one growing season after construction has been completed. Section 18.6.1 25) There has been no changes (except for changing special to conditional) to the following sections of the Zoning Ordinance as part of this Zoning Ordinance action — Section 4, Zoning Districts and Map, Section 19, Signs, Section 10, LDB Zoning District, Section 20, Off Street parking, Section 21, Regulation of Gem Lake Waters, Wetlands and Shorelands, Section 23, Broadcast /Telecommunications Tower and Antenna. Paul Emeott - Mayor 6/18/06 (GLzoneingchangesexecsummary) Page 3 of 3 j Proposed changes to Zoning Ordinance - City of Gem Lake, MN Ordinance 43H Version 2 General Statement - The proposed changes to the Gem Lake Zoning Ordinance being considered tonight, by the City Council, end an approximate 2 years of effort by the Gem Lake Planning Commission and City Council to update the City of Gem Lake Zoning Ordinance. 1) Reason for these proposed changes: All of these proposed changes have been made to get this Ordinance in better agreement with Section 2 of the Zoning Ordinance which describes this Ordinance to be for the purpose of A) protecting the public health, safety, morals, comfort. convenience and general welfare. B) dividing the city into zones and districts restricting and regulating therein the location, construction, re -construction, alteration and use of structures and land. C) promoting orderly development of the residential, business and industrial uses. D) providing adequate light, air and convenience of access to property E) preventing overcrowding of land and undue concentration of structures by regulating the use of land and building and the bulk of buildings in relation to land and buildings surrounding them F) providing for the compatibility of different land uses and the most appropriate use of the land throughout the city. 2) In addition the proposed changes also: A) try and get the Zoning Ordinance in step with new building practices, building methods and trends B) get the Zoning Ordinance to be in agreement with the suggested changes and additions identified in the City of Gem Lake Comprehensive Plan of 1997. C) have the Zoning Ordinance reflect the new regulations on Soil Erosion and Storm Water Management. 3) If has taken many Planning Commission meetings and numerous public hearings (the latest on on June 5, 2006), in the last 2 years, to get to where we are today on the proposed Zoning Ordinance changes now being considered for adoption.. Executive Summary Here are the proposed changes given in the form of an "Executive Summary". Not every change is described in this summary, but the points that have the greatest impact are covered. (GLzoneingchangesexecsummary) Page 1 of 3 1) The entire Zoning Ordinance has be re -codified to align sections of the Ordinance into more logical locations - For instance, the description of all zoning districts is now located in the same area of the Zoning Ordinance.- In sections 5 to 12 2) In all instances, in this Ordinance, the term "Special use" has been changed to "Conditional use" to provide a better understood term for this procedure to regulate uses that are somewhat special for a given zoning area 3) Section 3 — Definitions. This section has had many changes and additions A) Definitions Changed include, Height- Building, Outlot, Sign -Canopy. B) Definitions have been copied from the Subdivision Ordinance to the Zoning Ordinance. These include: Easement, Zoning Adminsitrator, Way -Authorized Private, Watershed, Watercourse and Water Body C) New additions of definitions include, Basement -Look Out, Basement - Walk Out, Basement -Walk ,Up, Clustering, Patio, Bed and Breakfast, Use - Conditional, Condominium, Residential, ISTS, Townhome 4) Some new or reworded Permitted and Conditional uses have been added to some of the "Business Zoning districts". Other uses have been moved from permitted to only permitted with a conditional use permit. No changes in uses were made to the GB -II or LDB districts. 5) A listing of items that can be placed in structure setbacks in the residential districts, is now provided. These items, such as fences, patios, fireplaces, shed and pools are now listed — Section 7.5.2 for R1 and related sections in other R districts. 6) Regulations on the construction and safety features of Outdoor Swimming Pools and Spas has been added - New Section 16.14 7) Regulations on the construction and locations of Fences has been added. Split rail fences can be erected in almost all areas. Other fences might require a conditional use permit - New Section 16.13 8) New Section added on Soil Erosion and Sedimentation Controls and Storm Water Management ( Required by NPDES regulations) — New Section 22 9) Park Land Dedication of land or a money sum is now required on all platting and PUD development— New Section 18.20 10) Difference between Conditional Uses and Interim uses has been better defined 11) The Section titled - Density Zoning and Density Transfer- has been renamed to Clustering and Density Transfer — Section 18.19 12) Plan review requirements for residential construction have been added. A listing of exactly what materials need to be submitted is listed. — New Section 18.2.3 13) The "Plan Review Commission" duties and procedures have been listed. This commission will review all residential plans per Section 18.2.3 14) The percent open space, that must be allowed for in each lot in each zoning district, has now been added to the tables for "Area, Frontage and Yard Requirements" for each zoning district. (residential and business). 15) Statements about having two frontages on lakeshore lots in the RI zoning district have been removed. Lake frontage requirement of 200 feet minimum has been Jadded to "Area, Frontage and Yard Requirement" table for the Rl district. (GLzoneingchangesexecsummary) Page 2 of 3 16) Building requirements on "agricultural structures" has been reworded and added to each R Zoning district. This type of structure is now a conditional use. 17) Zoning Ordinance section left for future PUD regulations - Section 13 18) Zoning Ordinance section left for future Recreational Open Space regulations — Section 14 19) Open space for an institutional overlay has been changed to 25% to be in line with the same requirement in the LDB zoning area. 20) Residential building heights and the method used to measure them have been changed in all "R" (Residential) Zoning districts. A) The total height of structures in the R1 district has not changed from 35 feet but the R2, R3 and R4 districts now allow for a 30 foot maximum height. B) The place where the building height measurement is measured from (grade plane) has been proposed to be changed. Building height is now defined to be measured at the grade plane at a point 6 feet from the front entrance of the structure - See Height, Building in Section 3 - Definitions In the current Zoning Ordinance (43G) building height is described as measured from the mean curb level along the front lot line or from the mean ground level of all of the frontage of the structure having frontage on a public right-of-way whichever is higher. C) No changes were made in "Accessory structure" heights in any of the zoning districts 21) Provisions are provided to allow for the request of a Conditional use permit for construction of a "walk -out" type residential structure that has a walk -out exposure that is not over 10 feet in height greater than for the allowed maximum building height ( In each of the "R" zoning districts). See Section 5.4.2 for the R1 district requirements — the requirement for other residential districts are similar. 22) .Two-family dwellings are now proposed to be allowed with a Conditional Use Permit in the R2 zoning district. 23) The use of portable storage containers is now restricted to allow them only to be used with an Interim Use permit and only when a building permit has been issued .for the site where they will be located.- Section 18.3.1 and 18.3.2 24) Requirements for landscaping of all parcels of property has been defined. Landscaping must be completed within one growing season after construction has been completed. Section 18.6.1 25) There has been no changes (except for changing special to conditional) to the following sections of the Zoning Ordinance as part of this Zoning Ordinance action — Section 4, Zoning Districts and Map, Section 19, Signs, Section 10, LDB Zoning District, Section 20, Off Street parking, Section 21, Regulation of Gem Lake Waters, Wetlands and Shorelands, Section 23, Broadcast /Telecommunications Tower and Antenna. Paul Emeott - Mayor 6/18/06 (GLzoneingchangesexecsummary) Page 3 of 3 GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW 1600 PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4337 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 WWW.(;RJN.COM WRITER'S DIRECT DIAL: (612) 436-7477 WRITER'S E-MAIL: rrosowCakrin.com DAVID II. GREGERSOW RICHARD F. ROSOW+ MARK 1, JOHNSON JOSEPH A. NILAN't JENNIFER M, rNZ AMY L. CRALAM SHKA B. GUNDERSON DANIEL R. GREGERSON JON R. STECKLER KRISTY L. WARNEN ROBERT I. LANG, OF COUNSEL ROGER A. PAULY, OF COUNSEL `�Vso admitted in Wisconsin +Also admitted in North Dakota —MSBA Board Certified Real Property Specialist June 16, 2006 Gem Lake City Council 1369 East County E Gem Lake, MN 55710-5231 RE: Hillary Farm / Zoning Ordinance Revisions Dear Cjty Council Members: EDEN PRAIRIE OFFICE: 250 PRAIRIE CENTER DRIVE SUITE 370 EDEN PRAIRIE, MINNESOTA 55344 TELEPHONE: (952) 829-7355 FAX! (952) 829-0713 REPLY TO MINNEAPOLIS As you are aware, our firm represents Hillary Farm, LLC and McNulty Construction Company, Inc. We are writing in regards to ongoing issues regarding the City of Gem Lake Planning Commission and its chair, Jack Hoeschler ("Chairman") First, we object to the Planning Commission meeting minutes of June 5, 2006 based on the fact that they contain material which provides a commentary regarding the mental impressions of the Chairman and other attendees at the meeting and do not reflect the actual business which was conducted at the meeting. For example, we object to the portion ofthe minutes which state that Mr. McNulty left the room in "apparent irritation". This is solely the Chairman's mental impression of Mr. McNulty's demeanor when leaving the room and is not proper information for Planning Commission Minutes. Further, we object to the Chairman's addition to the minutes regarding Mr. McNulty's statement to his counsel, not to the Planning Commission or citizens in general, that the fact that the Hillary Farm model home did not fit in with the existing housing in Gem Lake was a good thing. We object to the Chairman's characterization of Mr. McNulty's comment as a "joke". We request that these minutes be re -written to strictly state the facts and business which was conducted at the June 5, 2006 Planning Commission Meeting without the Chairman's commentary. GREGERSON, ROSOW, JOHNSON & NILAN, LTD. City of Gem Lake June 16, 2006 Page 2 Second, we request that Hillary Farm be exempt from the application of the revised Zoning Ordinance. Based on our conversation with the City Attorney on December 13, 2005, we agreed to withdraw our objection to the City's sewer assessments in exchange for the City exempting Hillary Farm from the revised Zoning Ordinance and the establishment of a functional Site Review Committee to work through any outstanding issues with the Hillary Farm lots. Although the Site Review Committee began with a good start, it has all but been abandoned by the Chairman and the Planning Commission as a whole. We have held up our end of the bargain by dismissing our sewer assessment objection, however, the Planning Commission has not done the same by still holding Hillary Farm to the revised Zoning Ordinance. Further, in Fritz Magnuson's correspondence of March 14, 2006 he stated that the new Section 22 (old Section 11) and new Section 22 (old Section 17) would not pertain to Hillary Farm through an amendment to the Development Agreement. Third, we request a full and complete red -lined copy of the Zoning Ordinance which will be presented to the City Council on June 19, 2006. This red -lined copy should include those revisions given to Mr. McNulty in letter form at the Planning Commission Meeting of June 5, 2006 by Mr. Magnuson. We request that this red -lined copy be provided to us with adequate time to review its contents prior to the June 19, 2006 City Council meeting, keeping in mind that the Zoning Ordinance is over 100 pages in length. Fourth, we have been informed by City Attorney for Gem Lake that he is unable to locate an Ordinance establishing the Planning Commission. We have conducted a review of documents at the City Attorney's office and are awaiting the delivery to his office of additional Minute Books for us to review. However, in that it appears the Planning Commission was never properly formed in accordance with Minnesota Statutes Section 462.354. We object to the "hearing" held before what the City calls its planning commission and the adoption of the Zoning Ordinance Amendments based on that hearing. Finally, we reiterate our objection to Jack Hoeschler serving as both a member and Chairman of the Planning Commission. The Secretary of State records disclose Mr. Hoeschler as a voting resident of the City of St. Paul. We request that Mr. Hoeschler resign as both Chairman and member of the Planning Commission. Very truly yours, GREGERSON, ROSOW, JOHNSON & NTLAN, LTD. By _ chard F. Rosow Amy L. Cralam RFR/ALC/hslr cc: Thomas Newcome, Esq. GREGERSON, ROSOW, JOHNSON & NILAN, LTD. City of Gem Lake June 16, 2006 Page 2 Mr. James NcNulty PAHome\Hillary Farts Development\Correspordenc6Gem Lake City Clerk-2-061606.doe Larkin Hofman ♦TTOR NEYS June 16, 2006 Mayor Paul Emeott Gem Lake City Council 1369 County Road E Gem Lake, Minnesota 55110 Re: Proposed Zoning Ordinance Amendments Dear Mayor Emeott and Councilmembers: Iarldn Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 GENERai, 952-835-3800 Fax: 952-896-3333 WLU: wwwlarldnhoffinan.com We write on behalf of the 1,850 — member Builders Association of the Twin Cities to comment on proposed amendments to the Gem Lake Zoning Ordinance ("Ordinance"). We understand that the City Council will vote on the proposed changes on June 19, 2006. We respect the City Council's discretion to amend its regulatory standards to protect the health, safety, and welfare of its citizens. However, we ask that the City Council explicitly grandfather all residential developments that have received final plat approval under the existing Zoning Ordinance, due to the substantial investments made by any applicant under its standards. Minnesota law provides protections for applicants who have received final plat approval under local regulations: "For one year following a preliminary approval and for two years following final approval, ... no amendment to a comprehensive plan of official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required to be permitted by the approved application. Thereafter, ... the municipality ... may require submission of a new application unless substantial physical activity has occurred in reasonable reliance on the approved application and the subdivider will suffer financial damage as a consequence of a requirement to submit a new application." Minn. Stat. § 462.358, subd. 3c. This statute provides protections against new municipal requirements that prevent a developer from completing a project as originally approved, especially if an applicant who has gained approval from the City Council has begun development under the terms of the final approval. The Hillary Farm Development is one specific example where the developer, McNulty Company ("McNulty"), has received final plat approval and begun or completed construction of three homes in the development under the existing standards. We believe that McNulty's reliance affords additional protections under the statute, beyond the two year period tied to final plat approval. Mayor Paul Emeott June 16, 2006 Page 2 Additionally, the City Council's right to review each building permit within the final plat should be interpreted to mean that the building pen -nit will be reviewed under the zoning regulations in place at the time the development agreement was adopted. Any other reading of this provision would mean that a developer would not be able to rely on existing standards when making significant investments into the planning, design and construction of a subdivision, rendering any development agreement ineffectual over time. An applicant must be able to depend on the terms of the contract and conditions put in place by the City Council at the time the project is approved. The mission of the Builders Association includes working to ensure that local regulatory schemes advance legitimate "public" interests and do not unnecessarily restrict the business opportunities of residential builders. We believe that any implied retroactivity in the amendments to the proposed Ordinance changes would constitute an affirmative act by the City Council to change the terms that an applicant relied on when executing a development agreement and proceeding with investments under its terms. Specifically, McNulty negotiated its Development Agreement with the City over an extended period of time. Additionally, McNulty agreed to waive its ability to appeal special assessments on the Hillary Farm development in return for a commitment by the City that Hillary Farm would not be subject to the new Ordinance amendments. It is our understanding that the City Council is now asserting that after the two year statutory protection has ended, Hillary Farm will be subject to the new requirements. Under these facts, the City should not apply the new Ordinance amendments to the Hillary Farm Development or other similarly situated developments governed by active development agreements. Thank you for considering these comments on behalf of the Builders Association of the Twin Cities. S1 el i'e r J. Coyle, for Larkin Hoffinan Daly & Lindgren Ltd. Direct Dial (952) 896-3214 Direct Fax: (952) 896-3265 Email: ocovlcAlarkinhoffman,com Cc: Remi Stone 1080294.1 (PROPOSED) AMENDMENT TO ORDINANCE NO. 58B THE GEM LAKE SUBDIVISION ORDINANCE The following is proposed for addition to the Gem Lake Subdivision Ordinance No. 58B as Section 5.4 Park Land Dedication. If adopted, Ordinance No. 58B would be amended to become Ordinance No. 58C. Section 5.4 Park Land Dedication Requirements 5.4.1 As a pre -requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake's park fund as provided by this section of this Ordinance. The form of the contribution, cash or land (or any combination), shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the development or ten (10.0%) percent of the pre -development land value. 5.4.2 Subdivision of land which has been previously platted and officially recorded and which contains less than one (1) acre shall be exempt from dedication requirements. 5.4.3 Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. The City Council, at it's discretion, may reject proffered land and mandate monetary contribution. 5.4.4 The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review, the Gem Lake Planning Commission shall recommend the land dedication and cash contribution requirements for proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council. 5.4.5 Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in calculating the density requirements of the Zoning Ordinance for the proposed development or subdivision, and shall be in addition to and not in lieu of open space requirements for Planned Unit Developments. 5.4.6 Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: A) The yards, court areas , setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces, and B) That the public ownership and maintenance of the open space is adequately provided for by written agreements, and C) That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council, and D) That the proposed private open space is reasonably adaptable for use for park and recreations purposes, taking into consideration such factors as size, shape, topography, hydrological conditions, geology, access and location of private open space lands, and E) That facilities proposed for the open space are in substantial accordance with the provisions of the Jrecreational element of the comprehensive plan, and are approved by the City Council, and F) That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park dedication requirements for the development. 5.4.7 The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and playgrounds which benefit the residents of the City. 5.4.8 If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a reasonable amount as determined by the City Council. 5.4.9 Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park land and/or cash contribution to the City. �'D IR Jul-30-06 09:35P Paul Emoatt 651 429 B049 P.01 Fritz, Please add the following to the bills to be paid on 7/31/06 S 5000.00 The ZeVan Corporation This company will act as the Public relations company for the City of Gem Lake. Charge this bill to the Economic Development Committee expenses Paul Emeott 7/28/06 Attachment - Contract _ ,entree ; NNZ 1NTERWTlU4gL SALES PrrxC No. 7635468a Jul. 28 2006 03:12PM Pl THE ZeVAN CORPORATION CONSULTANCY AND REPRESENTATION BellWMillennium, Inoo(Wated ASS=Iift loeafMna. Lionowl FUms Minneapolis netroft Venbar Productions 6umank Cannes ONZ International Saltta London Copenhagen Date: July 29, 2006 WHERE S, The ZCVan Corpoaradon, Box 27447, Minneapolis. MN 55427, (hembuder identified as ZC) and the City of Gems Lake, MN, 1369 County Road "E" East. (km Lake, MN 55110-5231 (heneinAff identified as GL), hereby enter into an agreement effective August 1, 2006, and for a period of no less than two months diewaRe r, with options to renew, addressed no later than two weeks prior to the initial conciusion dale of September 30, 2006, as follows, and -to wit: GL SW retain the scrvkcas of ZC to act as GL's Public Relations arm and courtscl to maximize OL's communications to, and relationship with, multi- media in regard to any subject about which it shall advise ZC to compost, comentmicate and publicize. 2. % shall provide; ZC with all peatinent verbal and printed information necessary, and as needed and/or requested by ZC, in order for ZC to perform its duties cotttxtly and efficiently. This information may be shared via Internet, in parson or via-Wlepiwne communication. 3. ZC shall never rekase ar11Y information to the media about any subject pertinent to this agraernew without the corrrplete consent of GL and those involved with this agent, whose signatures affixed constitute the working group for ZC's activities on behalf of GL. 4. ZC shall strictiy follow the dictates and wishes of OL for all activity ZC addresses or activates, issuing infornrzation in only the most positive and nu ful manner" light, including approval by GL of outlets for information to be given. 5. ZC shall communicate daily (weekends if necessmy) with GL principals (slgnaaorm below) about all activity each day, and, within reason, be available m meet in person, ifaceessary, on an a-aceded (byOL) basis. (eentinued air page two) MEDIA AND PUBLIC RELATIONS TELEVISION PROJECT DEVELOPMENT AND PRODucnON Box 27447. Mrdwpofw. MN 55427 7634WA4= FAX 1e344&A*54 .MAIL W16so4.omn ZO'd GVOS 6ZV T99 '4'40atu3 LnEd d5E=60 90-OE-LAC sr' -ROM " BNZ INTBRWTIONAL Sk-ES PKUE NO. : 763546e954 LOA -CITY OF GEM LAU rUHLIC RELATIONS Jul. 28 2006 03:13Ptt P2 Page two of two 6. GL understands and accepts the fact there are so guamnut s for media placement, but than every etfoat will be made by ZC to ensure maximum ple zment and the highest possible visibility for the awareness messages GL wishes to convey to the public sad other mmicipalides or entities. 7. 7W's activity shall commence August 1, 2006. upon moeipt ofpoeviously agta A zetahm fee of S5,000.00 (Five -Thousand dollars) per month, paid in advance and in person via check to The ZeVan Corporation. A subsegwnt Payment of S5,000 (Five-'Ihouund dollars), shall be paid to ZC Friday, September I, 2006, in person, to satisfy payment for activity for September, 2006. here shall be no maximum nos' minimum number of hours stipulated for worlk done by ZC. since activity shall be dictated by GL s needs. ZC agrees, however, that all activity in v►►bI& engaged on behalf of GL shall be verifiable, and will be reported to OL on a daily basis (Monday through Friday, but with weekends not excluded if activity so dictates), via erneil to the principeb undersigned. S. The signatures below affixed identify this agreement as the entire letter of agreement and is legally binding, non-negotiable, non-competitive, non- circumvzutab►e and compictc. Any aamulmcats or changes theme mast be unanimously asrmd upon in writing by the parties whose signaaures are below -affixed in ordu to become binding amcndments or changes tberetQ. 9. This document is GVSIZG'a anginal sgrc menc W by: 7! Mr.86fy LcVan, CEO/President Mr. Paul Emcott, Mayor The Zovan Corporation City of Gem Lake, MN Date: Mr. Hugh K_ Schilling, Jr. Gem Lake, MN, City Council Datc: Mr. Mark Sweet Economic Development Advisor City of Gem Lake. MN BNZ_b Cc: File £O'd 6b08 6Zb 199 '4'4oaw3 L"Wd d5£=60 90-0£-LAC A �_e!zj VA 0) 1 'e.5 1� 0 () �< C' 01,J S 6 AJ ✓4 G t W 4._5 • Adj ournment 2. Consent agenda I3y resolution or through bylaws, a council may establish a consent agenda containing routine, non -controversial items that need little or no deliberation. The clerk or the person responsible for placing items on the agenda prepares the consent agenda. 13y a majority or higher vote, the council can approve all actions on the consent agenda with one vote. If a councilmember objects to an item being placed on the consent agenda, it should be removed and acted on as a separate agenda item. an 3. Tips for shortening meetings addition to the consent agenda, councils may consider the following suggestions to shorten meetings. Council bylaws may set a closing date for placing items on the agenda. For example, the clerk must receive all requests to include items on the agenda five days before the meeting. This is especially important if council members need to review written material before the meeting. The council might make an exception in emergency situations by a unanimous vote, for example. The council should set a del inite time for adjournment and observe this rule. 1 At some time during the meeting, often at the beginning, many city councils establish a specific time when citizens can present concerns to the council. In such an open forum, the mayor or presiding officer should allot a limited time for each person who wishes to speak. No action should be 1 taken on any of the issues raised. Rather, if appropriate, the issues should be placed on the agenda of a future council meeting. HANDBOOK FOR MINNESOTA CITIES When the council is going to discuss a major public issue, the bylaws or the council, by resolution, may allot a limited, specific amount of time for each side to express its views. The council may also follow this procedure for all items on the agenda. H. Parliamentary procedure Parliamentary procedure is a system of rules that aid in transacting business. The rules are designed to preserve order, expedite business, and protect the rights of those involved in making decisions. The mayor, as presiding officer, is responsible for guarding against abuse of the procedures. The effective use of parliamentary procedures is the joint responsibility of the mayor and of all council members. This chapter last revised 9/28/2005 7-19 Consent Agendas Page 1 of 1 Source:, The Canadian Association newsletter - Sept 2002 issue - published by Association Xpertise Inc. - www.axi.ca/tca TIPS, TOOLS & RESOURCES 'Clarity ... by AXI 2002, Association Xpertise Inc. www.axi.ca The information provided in Clarity.... by AXI serves one very important purpose - to provide readers with sufficient understanding of an issue so that they are able to identify potential issues within their organization and then, when necessary, discuss, challenge and question the advice of their internal or external paid advisor related to that issue as it impacts their organization. With that purpose in mind, we will provide information in very clear, non -technical language and we will use the word "generally" and its synonyms a great deal. Much of the complexity of technical and/or legal topics relates to the language used and the need to address every conceivable and obscure exception. This column is for information purposes only, and AXI will not be responsible for any errors or omissions... consult your paid advisor before acting. Consent Agenda The consent agenda is not a way to push things through without proper discussion and debate. In fact, it should not be used for decision items. Items that are for information only, and do not require a decision or any Board action, should be included in the consent agenda. The consent agenda allows all of the reports to be received with one motion. When individuals have included a written report for information, they somehow feel compelled to speak to their report. That is not done with a consent agenda. However, board members can ask all the questions that they want related to the consent agenda items. Once any questions are dealt with, the vote on the single motion addresses all the consent agenda reports. Quick. Fast. Good for everybody! Note: Some people are under the mistaken impression that if people want to ask questions about a consent agenda item, hat it should be removed from the consent agenda. That is not required. The only time that an item should be removed from a consent agenda is if it is determined that action, a decision is required, or significant further discussion is needed. Any Board member can request that an item be removed from the consent agenda, but the majority should decide. The consent agenda is part of the regular agenda for the meeting. Typically it is one of the first agenda items. This can be an effective way to improve meetings... if and when it is properly understood. http://www.axi.ca/TCA/Sep2002/tcaO6-2.htm 7/22/2006 A Board Resource Tool 11-oin the Midwest Center liar nonprofit Leadership Consent Agenda David O. Renz, Ph.D. What is a Consent Agenda? A consent agenda is a practice by which the mundane and non -controversial board action items are organized apart from the rest of the agenda and approved as a group. This includes all of the business items that require formal board approval and yet, because they are not controversial, there is no need for board discussion before taking a vote. Items may be on a consent agenda only if all board members agree; if even one member considers a specific item to need discussion, it must be removed and placed on the regular agenda for the board meeting. Why are Consent Agendas Used? Consent agendas are used to save board meeting time and to help ensure that board meetings focus on substantive topics that are worth discussion. Through the "bundling" process, the entire set of items of business that are not worth board meeting time can be voted on in one action versus taking the time to vote on each individual item. When Should Consent Agendas Be Used? Consent agendas should be used when there are a number of non -controversial business items on which the board needs to vote. Complete information must be provided in advance of the meeting to all board members, so that each knows what is being proposed and has the opportunity to consider whether the item truly is non -controversial. The key here is "non- controversial," and the definition of non -controversial may vary from organization to organization. Consent agenda items often are matters that a bylaw or some other rule or regulation requires to be formally approved by the board, yet there is no value added by engaging the board in discussion about the item (e.g., a routine lease renewal for a facility already included in the approved agency budget). Consent agendas are not to be used to hide actions that will be controversial -- to do so breaches the trust of the board and undermines the value of this practice. Where Should Consent Agendas be Placed within the Overall Meeting Agenda? The consent agenda typically appears very near the beginning of the regular meeting. This allows any item removed from the consent agenda to be placed onto the overall agenda for discussion and action later in the meeting. As with all formal board action, a quorum must be present to in order for action on the consent agenda items to be legitimate and binding. The Midwest Center for Nonprofit Leadership University of Missouri — Kansas City A Board Resource Tool from the Midwest Center for Nonprofit Leadership Who Should Use Consent Agendas? Consent agendas are used by both non-profit and for -profit organizations whose boards are trying to use members' time efficiently and that have much routine business to approve. It is especially common to see the boards of governmental entities such as libraries and educational institutions use consent agendas because of the volume of routine business that they are required by law and regulation to approve. How Can Consent Agendas be Used Effectively? The key to success is to provide all consent agenda information to board members well in advance of the meeting. It is essential that board members have ample time prior to a meeting to become familiar with each item on the consent agenda. That way, if a member or members have a concern about any item(s) that they believe need further discussion, then they will ask for the item(s) to be removed from the consent agenda and addressed separately. At the time in the regular agenda when there is to be action on the consent agenda, the chair will first inquire whether there are any items that need to be removed from the consent agenda. If any member wishes an item to be removed, it must be removed and placed on the regular agenda. Immediately following the opportunity to remove any items for separate discussion, the consent agenda is moved and approved as a set. (For example: "I move the consent agenda." Another member: "I second the motion.") It may be useful to those who plan the overall meeting agenda and the consent agenda (usually the board chair and/or executive director) to have guidelines, developed in consultation with the board, to clarify which types of items might be appropriate for the consent agenda. When Should a Consent Agenda Not Be Used? The consent agenda practice should not be used unless all members of the board understand and agree to its use. This approach places more responsibility upon members to prepare prior to the meeting. Obviously, if members do not read the information on the consent agenda prior to the meeting, they cannot responsibly agree to the inclusion of any particular item on the consent agenda. The worst outcome would be to take action on a matter of significant programmatic or legal importance without truly having the board's informed consent. The Midwest Center for Nonprofit Leadership 2 University of Missouri — Kansas City Consent Agenda Page 1 of 1 Help 4Board Tools NodrU$ts RETURN TO Library &Tribes Consent Agenda INSTRUTE by Hildy Gottlieb Copyright © 2004 • Home To free the board's time for discussing matters they can affect (i.e. the future), a consent e NonProfit Ubr ry agenda is a tool that can eliminate as much as '/2 hour or more of reviewing what has *Tribes library happened in the past. The consent agenda is a SINGLE ITEM that encompasses all the things the board would normally approve with little comment. The minutes. The financials TRAINING (yes, the financials!). Program reports or CEO reports. All items that. simply report what G PRODUCTS has already happened in the past would combine to become one item for approval - the About Us consent agenda. c Contact Us This requires that board materials be provided in plenty of time for board members to read it all, because there will be NO discussion of these items individually. If an item does seem to require discussion/clarification, the following are the options that exist: Subscribe to Our FREE eNewsletter 1. For items that require clarification, or for which aboard member has a question, First Name Last Name that clarification must be requested before the meeting. An item cannot be pulled from the consent agenda just to have a question answered. That sort of Organization a -MAIL information gathering should happen ONLY before the meeting. Message 2. If there is an item about which a board member disagrees, or believes requires discussion, then a request is made at the board table to pull that one item from the SPECIFY (-' Plain consent agenda for discussion. The remainder of the items are voted on and FORMAT HTML approved, and only that single item is held out for discussion. 'SUB6IIT The consent agenda is a single item on the board's agenda - usually the very first item. It is voted on with a single vote - to approve the consent agenda. And poof - in one vote, items that formerly took'/2 hour or more have all been approved. Our Privacy Policy I Home ] • [ NonProfit Library ] • [ Tribes Library ] • [ TRAINING ] • [ PRODUCTS ] • [ About Us ] • [ Contact Us ] Website Design by Dimitri Petropolis m2000-2006 Re Solve, Inc. All Rights Reserved http://www.help4nonprofits.com/ConsentAgenda.htm 7/22/2006 Kellv & Fawcett. P.A. A T T O R N E Y S A T L A W 11 6 ,T-1 70 E 3,7-,;, 7-- OF COUNSEL: AleGUIGAN & HOLLY. PLC' July 17, 2006 The Honorable Paul Emeott City of Gem Lake 1369 County Rd E East Gem Lake, MN 55110-5231 RE: City Attorney Dear Mayor Emeott: ■ Patrick J. Kelly pkelly@kellyaiidfawcett.com Licensed in Minnesota and Wisconsin It is with great pleasure that I submit our fimi's proposal to provide civil legal services for the City of Gem Lake. We look forward to working with issues that will have a positive impact on your community for years to come. We look forward to hearing from you soon. h1 the meantime, if you have any questions or concerns please do not hesitate to contact me. PJI%1� Enclosure Respectfully yours, KELLY & FAWCETT, P.A. Patrick J. Kelly ` 444 CEDAR STREET, SUITE 2350 • SAINT PAUL, MINNESOTA 55101 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandfaweett.coni We are honored that you have asked us to submit a proposal to provide civil legal services for the City of Gem Lake. Our firm has over sixty years combined experience in representing Mirmlesota municipalities, and we also have a very strong background in the legal issues surrounding real estate and development, from the City's perspective and the ^� developer's perspective. In this proposal we would like to introduce you to our fimi's expertise and the backgrounds of our attorneys. At the end, we lay out our contract proposal and provide you with a list of our professional references. Please don't hesitate to contact us if you have a question about any of the material in this proposal. We look forward to working with you in the very near future! About Our Firm Working with the City Council and Cite Departments We strive to establish and maintain personal relationships with the people who make a city run. From the elected officials, to department leaders, to staff, we keep an open line of communication for City of to seek legal advice as they need it. We also seek to be pro -active, helping City leaders identify issues and solve problems before they become crises. For example, recently we drafted three versions of an ordinance for our cities creating zones around schools and day-care centers where convicted sex offenders may not establish a residence, picking up on a national trend in this area. Our attorneys routinely assist in the drafting of ordinances, resolutions, policies, joint powers agreements, and contracts. We take pride in providing our cities with the most comprehensive legal analysis on the issues facing today's cities. Members of Kelly & Fawcett routinely attend the meetings of the cities we represent, including committee meetings and planning sessions as well as the primary Council meeting. Knowing that city leaders need prompt answers to their questions in order to act, we also tackle the background material for each meeting we attend. Our attorneys are farniliar with the many sources of municipal law and can quickly provide analysis to the Council and other City commissions. Finally, we are also well -versed in the procedural workings of City government — the deadlines for various zoning applications, requirements for permit requests, public meeting laws, quorums, and the numerous other legal tricks and traps. In our years of representing Minnesota municipalities, we have seen and handled almost every issue that confronts cities today. We know, however, that there is always something new coming, and we remain up to date to assist cities with legal analysis, drafting ordinances, and developing novel solutions to the problems of administering a city. Expertise in Development Projects Kelly & Fawcett lawyers know development projects, and we use that expertise to help our cities get their improvement projects done on time and on budget. We have the background and expertise to help planners spot potential problems, persuade others to cooperate with the City, and prepare all the documents necessary to make a R Proposal to Gem Lake, MN for General Legal Services July 17, 2006 City project a reality. 1 Our firm has several decades of experience in assessments, from preparing the rolls, advising the Council, and taking up the City's case on assessment appeals. On bond issues, we are experienced in preparing the transcripts and other documents necessary for a general bond issue, and above all, we enjoy good relationships with the bond counsels of the Twin Cities. When it's time to break ground, Kelly & Fawcett can also call upon decades of experience in reviewing and analyzing construction contracts and development agreements. We analyze contracts to seek maximum flexibility and control for the City while ensuring that the City's liability exposure is at a minimum. In addition, we stand ready to handle the occasional curveballs that come up in the course of managing a city. In addition to our municipal work, Kelly & Fawcett has a strong land development and real estate practice, giving us a library of past purchase agreements, conveyance documents, development agreements, mortgage documents, and other tools for the City's real estate needs. Litigation Services Kelly & Fawcett is a general litigation firm. Our lawyers are experienced in the courtroom and have a broad range of experience in the civil lawsuits normally filed by cities and against cities. We have cultivated good relationships with the judges of Ramsey County and are well -respected in all metro -area courts. In our years representing municipalities, the firm has successfully represented its clients in developer suits, challenges to ordinances, appeals of charges and assessments, employment cases, and nuisance actions. Lawyers of Kelly & Fawcett are recognized as leading eminent domain litigators in the State. We recognize our role as lawyers to the public authority, and always seek to balance the zealous representation of the City's interests.with the rights and interests of the citizens. Our Proiect Management Process Every legal question is important to the person who needs it answered. We create a file for each question that comes to us from our municipalities, whether it is raised at a Council meeting or in conversation between one of our attorneys and City staff. Each file is assigned to an attorney for accountability, but our attorneys truly take a team approach to answering legal questions. The firm is close-knit, and no attorney is ever unavailable if their expertise or opinion is necessary to give quality advice to the client. There is no hierarchy to get in the way of getting the answer right. Kelly & Fawcett keeps ample research tools at its attorneys' disposal. The firm has an active subscription to the Lexis/Nexis research service. In addition to the standard Page 2 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 access to state and Federal sources of law, Kelly & Fawcett maintains access to specialized municipal law reporters, labor reporters, and property law encyclopedias. Also, Kelly & Fawcett has a high-speed Internet connection, through which our attorneys access Lexis and other legal information, and news that affects our clients. Our fine also continues to maintain a current hard -bound library of Northwestern Reporters. In addition, our office maintains subscriptions to several news journals and other periodicals covering municipal issues, including Minnesota Cities, Bench Bar of Minnesota, and ABA Jow-nal. Our attorneys regularly attend CLE's relating to municipal law, and we maintain a library of the materials from these CLEs. Finally, our location in downtown St. Paul makes it easy for any attorney to get a source not in our office by traveling the short distance to one of several local law libraries. We have the information resources necessary to meet almost any response time the City may require. When sources are checked and analysis is done, our attorneys make an extra effort to boil the legal issues down into short memos or letters that state the bottom line up front and present easy -to -execute options to the people who will act on our advice. In most cases, Mr. Kelly is the one to present the options, particularly when Council action is required. However, all of our attorneys working with a municipality strive to establish a working relationship with the departments, so that legal questions do not need to wait for a Council meeting to get attention. Finally, our greatest resource we offer to municipal clients is our history. Mr. Kelly has over 31 years of experience representing Minnesota municipalities, and in our 1 close-knit firm, his knowledge is available to every attorney. In our institutional experience, our fine has analyzed and advised on almost everything a modern city might encounter. And through treating every legal question as important, we still have the files and memos from those experiences to give us a head start on answering the new questions. Availability. Conflicts. and Ethics All attorneys of Kelly & Fawcett are available to the City of Gem Lake as needs arise. Every attorney carries a mobile phone, and every attorney and assistant has an e-mail account provided by the firm. Regarding conflicts, we have unfortunately not had the opportunity to perform any prior legal work for the City of Gem Lake. In reviewing our client lists for this proposal, we do not believe any of our current representations would conflict with representation of the City of Gem Lake or any of its officials. Should a conflict arise, however, we would first seek a release of representation from the prior client, if feasible, and look to recommend conflict counsel for the City in cases where releases cannot be obtained. JPage 3 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 Our fiini takes pride in its ethical standards and has been honored to have its _ attorneys sit on the Second Judicial District Ethics Committee each of the last ten } years. In the past 10 years, two ethics complaints have been lodged against attorneys of Kelly & Fawcett. Both cases were resolved in favor of the attorney at the administrative level with no findings of unethical conduct. Neither the Finn nor its attorneys have been named as a defendant against a former client in that time period. Fj Page 4 of 13 Proposal to Gem Lake, MN for General Legal 5eiv►ces July 17, 2006 About the Attorneys 1 Patrick Kelly will be your lawyer, should you choose to appoint our firm as your City ces as needed Attorney. Mr. Kelly will attend Council meetings and make staff other the finna�of course, and by the City and its staff. Mr. Kelly will rely on the entireid Ramberg and vere. short biographies of each of our attorneys are pro.. a n atterss..aSon- Lo Fawcett andvor Oliver are Mr. Kelly's primary assistants on mumcip Chad Lemmions, Mr. Kelly's partners in the fin", are recognized development and real estate experts, whose expertise is sought on tough development n ass st oandn nu nic palLprojects,use isses ' our cities. Daniel Le, Brent LaSalle, and Connte Wanes a and they are introduced to you as well. About Patrick Kelly Patrick J. Kelly is a Partner at Kelly & Fawcett and also serves as President of the ars. H is the current resident of firm. He has practiced law for over 30 yened his uris docPor degree frolm Mininesota State Bar Association. Mr. Kelly obtained l Creighton University School of Law in 1975. Mr. ette Universly ty withnal University a Bachelor of of Ireland, with honors, and graduated from Marquette Arts degree in 1971. Mr. Kelly is licensed to practicebefore 8`►alCiMinnesotait o Wisconsin courts, Federal District Courts in both states, the Appeals, and the Supreme Court of the United States. From 1986 through present, Mr. Kelly has devoted approximately 60% of his work to ` municipalentities ies 31 ilaw. Mr. Kelly's current representation of mu1 e►a sl advising Citythe of City of Taylors Falls and White Bear Township. His y ttorneys with any one city in Maplewood makes him one of the longest -serving City A Minnesota's history. Mr. Kelly is aware of the importance of well balanced, through lordl r y, as ordableior a high ent quality attractive community development. Mr. Kelly, g development, clients, has extensive experience in land use planning, property acquiring properties for connnunity projects such as parks, community centers, and public improvements. Mr. Kelly has established relationships with many Members of Congress and Senate, as well as local law makers. He also has a strong relationship with financial institutions and recognizes the importance of economic vitality in the community. Mr. Kelly assisted bond counsel for- the issuance of debt -related instruments and has provided opinions to clients as requested. He has also provided opinions to various d cities regarding procedures and compliance with bon rai addition, and employment tdiss disputes,as recognized and sought-after arbitrator of labor cont well as being a frequent speaker at local and state bar functions. Page 5 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 Mr. Kelly's current representation includes the Minnesota State High School League and the Teamsters Public and Law Enforcement Employees' Union, Local 320. Mr. Kelly's general counsel practice has included development of employment policies, employee seminars, labor negotiations, general advisory assistance, civil service commissions, and frequent lectures on ethics, sexual harassment and discrimination. Mr. Kelly has served as Assistant Corporate Counsel and Prosecutor to the City of New Brighton, Assistant Prosecutor to the City of White Bear Lake, and City Attorney for the City of Maplewood. In addition, he was Special Counsel to the City of Osseo on eminent domain matters, and was Special Counsel to the City of St. Croix Falls in connection with the Chisago Project and Northern States Power's (Xcel) power line matters. He has also served as President of the Ramsey County Bar Association, and Chairperson of the Second Judicial District Ethics Committee appointed by the Supreme Court of Minnesota. A sampling of appellate cases where Mr. Kelly was lead counsel: Mistelske v Andover- Economic Development Authority, 2004 WL 2793219 (Minn. Ct. App. 2004). Appeal on behalf of business owner whose land was condeinned of EDA's denial of relocation benefits. Court of Appeals reversed denial and remanded to EDA for payment. Maplewood Development hic. v. City of Maplewood, 1997 WL 785704 (Mimi. Ct. App. 1997). Successful defense of City requirement for developer to dedicate a portion of the property for storm water drainage. Summary judgment granted in favor of City at trial level and later upheld by the Court of Appeals. O'Mara v. State of Minnesota/University of Minnesota, 501 N.W.2d 603 (Minn. 1993). Landmark workers compensation case. Obtained reversal of Workers' Compensation Court of Appeals decision denying benefits to claimant. Established definition of "suitable employment." County of Ramsey v. Town of White Bear, 469 N.W.2d 479 (Minn. Ct. App. 1991). Successful defense of appeal by Ramsey County of special assessments imposed by the Township against County property. The Court of Appeals held that the County's property received a special benefit from construction of the water main by the Township. Dege v. City of Maplewood, 416 N.W.2d 854 (Minn. Ct. App. 1987). Successful declaratory judgment action to enforce special use permit. Dege claimed that the City was estop ped from enforcing terms of special use permit by revoking Page 6 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 building permit for construction of a trailer garage on parking lot. The Court of Appeals held that the City was not estopped from enforcing the terms of the special 1 use permit. Hedlund v. City of Maplewood, 366 N.W.2d 624 (Minn. Ct. App. 1985). Successfully defended City against claim of improper denial of construction variances. Obtained favorable judgments at trial court and at Court of Appeals. Nordaren v. City of Maplewood, 326 N. W.2d 640 (Mims. 1982). Landmark case involving property owner's appeal of cash connection charges. The Court found the charges valid even though they replaced special assessments which had been voided. The Court also held that the City did not violate the order voiding the assessments by imposing comlection charges. *Mr. Kelly has also represented the City of Maplewood and White Bear Township in numerous District Court cases and Federal District Court Cases. About David Ramberg Mr. Ramberg is an Associate at Kelly & Fawcett. He joined the fine in 2005, after a judicial clerkship with the Honorable Paulette K. Flynn -of Ramsey County District Court. Mr. Ramberg obtained his J.D. from the William Mitchell College of Law in 2002. He earned his undergraduate degree in Finance from Montana State University in 1996. Mr. Ramberg is a member of the Ramsey County Bar Association and the \ ` Minnesota State Bar Association. He is licensed to practice before all Minnesota courts, and sits on the Second Judicial District Ethics Committee by appointment of the Supreme Court. Mr. Ramberg devotes approximately 70% of his practice to municipal issues, with special emphasis on public works land acquisition. Prior to law school, Mr. Ramberg worked in the finance field, working at several national banks and publicly traded companies. Mr. Ramberg normally attends any municipal meeting that cannot be attended by Mr. Kelly. About Trevor Oliver Mr. Oliver joined Kelly & Fawcett in June, 2005, after four and a half years on active duty with the Army practicing law as an officer in the Judge Advocate General's Corps. He obtained his J.D. from the University of Minnesota Law School in 2000, graduating cunt laude and serving as an assistant articles editor of the Minnesota Law Review. He graduated from the University of Chicago in 1997 with a B.A. in political science. Mr. Oliver is licensed to practice before all Minnesota courts and the Federal District Court for the District of Minnesota. JPage 7 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 Mr. Oliver devotes approximately 60% of his current practice to municipal law. He has been the firm's lead prosecutor, and he is also very involved in providing advice `i on civil and administrative matters for our client cities, particularly in the areas of ordinance drafting and nuisance abatement. Mr. Oliver- worked extensively in the public sector prior to joining Kelly & Fawcett. He has done his legal work for the Anny and Dakota County, and held internships during his college and law school with the Minnesota Pollution Control Agency, the State of Nebraska, and the City of Chicago. About Song Fawcett Ms. Fawcett is a Partner at Kelly & Fawcett. Her private litigation practice consists Of municipal law, land use, labor and employment law, and appellate practice. Ms. Fawcett's general counsel practice includes representing individuals and companies in real estate development, labor negotiations and non-profit organizations. Ms. Fawcett graduated from Saint Olaf College with a Bachelor of Arts in English and Psychology with a writing emphasis. She graduated from the University of Minnesota Law School and clerked for the Honorable J. Thomas Mott. Ms. Fawcett also serves on several Boards of Directors, including those of the Saint Paul Chamber of Commerce, Ramsey County Bar, Council on Crime and Justice, and the Saint Paul Area Chamber of Commerce. In 2001, St. Paul Mayor- Randy Kelly appointed Ms. Fawcett as Chair of the Saint Paul Human Rights Commission. Jn 2002, Governor Tim Pawlenty appointed her to the Metropolitan Council. Last year, Ms. Fawcett was selected by The Minneapolis/St. Paul Business Journal to receive the "40 Under Forty" award for 2003. Ms. Fawcett previously prosecuted for the City of Maplewood and has historically devoted a significant portion of her practice to municipal law. For the City of Gem Lake, our fine would tap Ms. Fawcett's expertise in development and real estate issues to assist the City in its rapid growth. About Chad Lemmons Mr. Lemmons has been with Kelly & Fawcett for five years. He is a Partner at the finn. Mr. Lemmons was recognized by the Minnesota State Bar Association in 2000 as a Certified Real Property Law Specialist. Mr. Lemmons graduated from the University of Minnesota with a Bachelor of Science in Business and obtained his law degree frorn William Mitchell College of Law. He is licensed to practice law before all Minnesota courts and the Federal District Court for the State of Minnesota. Mr. Lemmons' vast experience real property and development would be a great asset to the City of Gem Lake. Mr. Lemmons has practiced primarily in the areas of jPage 8 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 property law and real estate for over 25 years. Mr. Lenunons represents landowners in condemnation actions, inverse condemnation actions, property takings, i development of real property, boundary disputes, easements, acquiring real property and general title issues. Mr. Lemmons has been part owner of a title company since 1979. Mr. Lemmons is a member of the Ramsey County Bar Association and the Minmesota State Bar Association. He currently serves on the MSBA's Title Standards committee. Mr. Lemmons also practices in the areas of contract execution, contract disputes, liens and purchase agreements. His current practice involves approximately 10% municipal law practice, though he is consulted often by other attorneys in the firm on property and real estate issues for all of our clients. About Brent LaSalle Mr. LaSalle is our newest Associate, having recently passed the Minnesota Bar. He has been with Kelly & Fawcett as a law clerk since February 2005, as he received his J.D. from the University of Minnesota in 2005. He received his undergraduate degree from Macalester College in 2000. 1-1 Mr. LaSalle works very closely with Mr. Lemmons on property law, and assists Mr. Kelly on employment cases. He also receives a variety of assigrmlents from our municipal law practice, particularly as it relates to these two disciplines. We expect Mr. LaSalle's energy and work ethic to be a great asset to our practice. Prior to joining Kelly & Fawcett, Mr. LaSalle worked in the Criminal Division of the Ramsey County Attorney's Office, appearing regularly in court as a certified student attorney to argue the State's case at felony sentencing hearings. About Daniel Le Mr. Le is an Associate at Kelly & Fawcett, joining the firm in 2003. Mr. Le obtained his J.D. from the William Mitchell College of Law in 1998, and received a B.A. from the University of Minnesota in 1995. Mr. Le is licensed to practice before all Minnesota courts and Federal District Court, District of Minnesota. Mr. Le devotes approximately 45% of his current practice to municipal law. Prior to joining our fine, Mr. Le served as a community prosecutor with the City of Saint Paul, focusing on "quality of life" and housing issues for the City. Mr. Le also practiced for over four years with Southern Minnesota Regional Legal Services. Mr. Le devotes most of his practice to litigation, representing clients in civil and criminal cases in Ramsey, Hennepin, Washington, Dakota, Scott, Clay and Stearns counties. Mr. Le maintains a diverse docket of cases, from real estate development, eminent domain, and corporate issues to felony criminal defense matters. Page 9 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 As part of his professional practice, Mr. Le is Treasurer of the Ramsey County Bar Association and a Director of the National Asian Pacific American Bar Association. Mr. Le is actively involved in the community, serving as a Vice President for the Vietnamese Community of Minnesota and a board member of the Pan -Asian Association. He is also an Advisor to the Page Education Foundation. Mr. Le is fluent in Vietnamese. About Wenzhao (Connie) Wanjz Ms. Wang is an associate with Kelly & Fawcett focusing on corporate, real estate, international law ��,nth the focus on China, investment in China and the United States, and inuni, 'on law. She does assist on municipal files, particularly those touching on business issues. Ms. Wang has been the Legal Counsel for the China Marketing Association, a nation- wide or in China, since 2004. She is a council member for the International Business Section of Minnesota State Bar Association, member of Minnesota Bar Association, member of National Asian Pacific Attorney Bar Association, executive board member of the Chinese American Business Association of Minnesota (CABAM) and Vice President of US -China Business Connections (UCBC). Ms. Wang is fluent in English and Chinese. She earned her law degree from University of Minnesota, Master's degree of International Public Policy from the School of Advanced International Studies of the Johns Hopkins University and ` Bachelor's degree of English Language and Literature from Nanjing University, China. Assistants and Law Clerks Kelly & Fawcett has a strong group of assistants, all of whom assist with municipal matters — Rita Ojeda, Natalie Liffrig, Regina Chung, and Alicia Barrascout. Colleen Hermes is our office manager. Our assistants take a team approach to projects, much like the attorneys, and share the goals of rapid response and quality work. Our firm also employs law clerks to assist attorneys with research and drafting as needed. i Page 10 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 Compensation Proposal The legal needs of a city vary from year to year. Kelly & Fawcett proposes monthly billing for hourly fees, giving the City of Gem Lake flexibility to get service when it needs it, and not pay when it doesn't. This arrangement would cover all matters within the Scope of Work for General Legal Services, including: • Meet with the City Council, City Clerk, Department Heads and City Staff as needed to review Council agenda items, the status of all legal matters before the City; 1-1 • Provide legal briefings as requested to City Council and Staff regarding new or proposed legislation affecting municipal operations and activities; Provide written updates on new State or Federal legislation or judicial decisions impacting the City and suggested action or changes in operations or procedures to assure compliance; • Provide advice on open meeting law, data practices, records retention and privacy issues; • Litigate cases on behalf of the City; • Interpret and advise regarding development proposals, Economic Development issues, State land use statutes and City Code requirements; Interpret and advise regarding laws relating to comprehensive plans and Metropolitan Council approvals; and Interpret and advise regarding impact fees and legal uses. We propose to use our standard hourly fees, described on the attached fee schedule, for legal work done on behalf of City applicants, such as real estate developers, that will be "passed through" to the applicant. For all work that is paid by the City itself, we propose the following hourly fee schedule, to be in effect for the duration of our contract: Attorneys, litigation services: Attorneys, all other services: Law clerks, all: Council Meetings/Public meetings $160.00 per hour $140.00 per hour $ 60.00 per hour $ 250.00 flat rate if over 1 hour. Kelly & Fawcett normally bills the time of its professional staff in quarter-hour increments. We remain flexible and will be happy to negotiate our compensation in forming a contract. Page 11 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 Costs and Expenses It is a policy of Kelly & Fawcett to bill separately for reimbursement of out-of-pocket expenses, whether a flat retainer fee or hourly billing structure is utilized. These costs and expenses will be billed using a narrative description of the event justifying the expense incurred to the appropriate case. Frequent costs include, but are not limited to: Photocopies: $.20 per page. Facsimile: $1.00 per page. Postage: current postage rates. Long Distance: As incurred. Mileage: Current IRS standard mileage rates (now $.405/mi) Service of Process: charge from provider. Page 12 of 13 Proposal to Gem Lake, MN for General Legal Services July 17, 2006 Professional References �) We invite you to contact the following individuals as references regarding our past and present work on behalf of municipalities, and our reputation in general: Police Chief David Thomalla Hon. Edward Cleary, Judge, City of Maplewood Second Judicial District Maplewood City Hall 1700 Courthouse 1830 East County Road B 15 W. Kellogg Blvd. Maplewood, MN 55109 Saint Paul, MN 55102 (651) 770-4500 (651) 266-8226 William Short, Town Clerk -Treasurer David Stead, Executive Director Town of White Bear Minnesota State High School League 1281 Hammond Road 2100 Freeway Boulevard White Bear Township, MN 55110 Brooklyn Center, MN 55430-1735 (612) 429-4587 (763) 560-2262 Jo Everson, Clerk -Treasurer, Richard Aiifang, Executive Secretary Zoning Administrator Saint Paul Building and Construction City of Taylors Falls Trades Council 637 First Street 411 Main Street, Room 206 Taylors Falls, MN 55084-1144 Saint Paul, MN 55102 (651) 465-5133 (651) 224-9445 Hon. Lawrence Cohen, Retired Judge, Richard Beeson, Chairman Second Judicial District St. Paul Area Chamber of Corm-nerce 2150 Valley View Place Park Midway Bank St. Paul, MN 55119 2265 Como Avenue (651) 730-4536 Saint Paul, MN 55108 (651) 523-7830 Hon. Gary Bastian, Judge, Second Judicial District 1310 Courthouse 15 W. Kellogg Blvd. Saint Paul, MN 55102 (651) 266-8226 Page 13 of 13 KFLLY & FAWCETT, P.A. -- FEE SCHEDULE Hourly Fee Shareholders: Patrick J. Kelly $300.00 Song Lo Fawcett $300.00 Chad D. Lemmons $275.00 Associates: Daniel Le $190.00 David E. Ramberg $190.00 Wenzhao (Connie) Wang $190.00 Trevor S. Oliver $190.00 Brent LaSalle $190.00 Law Clerks: $95.00 Paralegal: $90.00 Of Counsel: McGuigan & Holly, PLC $275.00 F \US ERS\FORMS\RETAINER\FEE SCHEOULES\FEESCHEOULE2005ASOF1028MOS OOC i Minnesota Statutes 2005, 412.151 Page 1 of 1 Minnesota Statutes_ 2005 Table of Chapters Table of contents for Chapter 412 i 412.151 Duties of clerk. Subdivision 1. Listed; fees; deputy; absence. The clerk shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their election or appointment to office, certify to the county auditor all appointments and the results of all city elections. The clerk shall keep (1) a minute book, noting therein all proceedings of the council; (2) an ordinance book to record at length all ordinances passed by the council; and (3) an account book to enter all money transactions of the city including the dates and amounts of all receipts and the person from whom the money was received and all orders drawn upon the treasurer with their payee and object. Ordinances, resolutions, and claims considered by the council need not be given in full in the minute book if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. The clerk shall act as the clerk and bookkeeper of the city, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances and resolutions as may be required and shall perform such other appropriate duties as may be imposed by the council. For certified copies, and for filing and entering, when required, papers not relating to city business, the clerk shall receive the fees allowed by law to town clerks; but the council may require the clerk to pay such fees into the city treasury. With the consent of the council, the clerk may appoint a deputy for whose acts the clerk shall be responsible and whom the clerk may remove at pleasure. In case of the clerk's absence from the city or disability, the council may appoint a deputy clerk, if there is none, to serve during such absence or disability. The deputy may discharge any of the duties of the clerk, except that deputy shall not be a member of the council. Subd. 2. Delegation; audit. The council by ordinance may delegate all or part of the clerk's bookkeeping duties to another officer or employee. The officer or employee who by ordinance is made responsible for the clerk's bookkeeping duties shall furnish a fidelity bond conditioned for the faithful exercise of duties. The council may provide for the payment from city funds of the premium on the official bond. If the bookkeeping functions of the clerk are delegated to the city treasurer, the council shall provide for an annual audit of the city's financial affairs in accordance with the minimum procedures prescribed by the state auditor. A copy of the ordinance shall be provided to the state auditor. HIST: 1949 c 119 s 18; 1951 c 378 s 6; 1953 c 735 s 3; 1973 c 123 art 2 s 1 subd 2; 1984 c 384 s 1; 1986 c 444 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. OF http://ros.leg.mn/stats/412/151.html 7/24/2006 Minnesota Statutes 2005, 412.141 Page 1 of 1 Minnesota Statutes 2005. Table of Chapters l Table of contents for Chapter 412 412.141 Treasurer's duties. The treasurer shall receive and safely keep all moneys belonging to the city, including moneys received in operations of any municipal liquor dispensary maintained by the city, and shall promptly enter in a book provided for the purpose an account of all moneys received and disbursed as treasurer, showing the source and objects thereof with the date of each transaction. The treasurer shall pay out money only upon the written order of the mayor and clerk, or such other officers of independent boards or commissions as are authorized to issue orders in the case of board or commission operations. Such orders when paid and canceled shall be retained as treasurer's vouchers. Such accounts and vouchers shall be exhibited to the council upon its request. The treasurer shall deliver to a successor all books, papers and money belonging to the city. The treasurer shall immediately after the close of the calendar year make out and file with the clerk for public inspection a report of balances, receipts and disbursements by funds for the year. The treasurer may, with the consent of the council appoint a deputy treasurer for whose acts the treasurer shall be responsible and whom the treasurer may remove at pleasure. In case of the treasurer's absence from the city or disability, the council may appoint a deputy treasurer, if there is none, to -'` serve during such absence or disability. The deputy may j discharge any of the duties of the treasurer. J HIST: 1949 c 119 s 17; 1951 c 378 s 5; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.nin.us/stats/412/141.htrnl 7/24/2006 Minnesota Statutes 2005, 412.111 Page 1 of 1 Minnesota Statutes 2005, Table of Chapters Table of contents for Chapter 412 412.111 Departments, boards. The council may create departments and advisory boards and appoint officers, employees, and agents for the city as deemed necessary for the proper management and operation of city affairs. The council may prescribe the duties and fix the compensation of all officers, both appointive and elective, employees, and agents, when not otherwise prescribed by law. The council may require any officer or employee to furnish a bond conditioned for the faithful exercise of duties and the proper application of, and payment upon demand of, all moneys officially received. Unless otherwise prescribed by law, the amount of the bonds shall be fixed by the council. The bonds furnished by the clerk and treasurer shall be corporate surety bonds. The council may provide for the payment from city funds of the premium on the official bond of any officer or employee of the city. The council may, except as otherwise provided, remove any appointive officer or employee when in its judgment the public welfare will be promoted by the removal. This provision does not modify the laws relating to veterans preference or to members of a city police or fire civil service commission or public utilities commission. HIST: 1949 c 119 s 14; 1951 c 378 s 4; 1973 c 123 art 2 s 1 subd 2; 1983 c 359 s 65; 1986 c 444 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. h"://www.revisor.leg.state.nm.us/stats/412/1 I 11tul 7/24/2006 PART III PERSONNEL MANAGEMENT Chapter 8: City administrative staff I. Appointed officials and employees............................................................................................................... 3 A. Statutory appointive offices........................................................................................................................4 1. Clerk and treasurer in general.................................................................................................................... 4 2. Clerk.......................................................................................................................................................... 4 a. Elected clerk......................................................................................................................................... 4 b. Appointed clerk................................................................................................................................... 5 C. Duties of the clerk................................................................................................................................. 5 d. Financial responsibilities....................................................................................................................... 6 e. Filing official documents....................................................................................................................... 6 f. Certification...........................................................................................................................................7 g. Other duties........................................................................................................................................... 8 h. Deputy clerk.......................................................................................................................................... 8 3. Treasurer....................................................................................................................................................8 a. Duties of treasurer................................................................................................................................. 9 b. Deputy treasurer.................................................................................................................................... 9 4. Emergency management............................................................................................................................ 9 5. Data -practices positions............................................................................................................................. 9 6. Assessor...................................................................................................................................................10 7. Managers (Plan B cities).......................................................................................................................... 10 B. Non -statutory offices................................................................................................................................11 1. City administrator.................................................................................................................................... 11 2. Other offices............................................................................................................................................ 12 3. Boards and commissions......................................................................................................................... 12 4. City attorney............................................................................................................................................ 12 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 9/28/2005 8-1 -D II. Qualifying for office.................................................................................................................................... 13 A. Official bonds...........................................................................................................................................13 1. Premium payments.................................................................................................................................. 13 2. Amount of bond....................................................................................................................................... 14 3. Kind of bond............................................................................................................................................ 14 4. Blanket bonds.......................................................................................................................................... 14 5. Approval and filing.................................................................................................................................. 15 6. Form of surety bonds............................................................................................................................... 15 7. Terms of bonds........................................................................................................................................ 15 8. LMCIT bond coverage............................................................................................................................ 15 B. Examination of accounts..........................................................................................................................16 III. Incompatible offices.................................................................................................................................... 16 IV. How this chapter applies to home rule charter cities................................................................................... 16 8-2 j This chapter last revised 9/28/2005 V HANDBOOK FOR MINNESOTA CITIES CHAPTER 8 Chapter 8 City administrative staff This chapter explores the duties of various city officials, the requirements for qualifying for office, and the problem of incompatible offices for elected and appointed officials. Topics include: I. Appointed officials and employees II. Qualifying for office III. Incompatible offices IV. How this chapter affects home rule charter cities Appointed officials and employees City administration, including Statutory city councils have complete freedom to create whatever positions the duties of the clerk, they find necessary in addition to those required by the statutes. They may administrator and manager are also discussed in League assign duties to these officials and employees as long as such actions research memo Cite promote the public welfare and are consistent with state law. This may also Administration: Clerk, be true in a home rule charter city, depending on its charter provisions. Administrator, Manager (369.3). A.G. Op. 624a-3 (Nov. 2, 1998). Absent specific statutory or charter authority, a city council may not Mttehring v. Sch. Dist. No. 31, delegate legislative or quasi-judicial power. In addition, a council may not 224 Minn. 432, 28 N.W.2d 655 delegate any administrative power of a discretionary nature unless (Minn. 1947); Jewell Belting authorized to do so by state law or city charter. Councils may delegate Co. v. Village of Bertha, 91 merely ministerial functions. Minn. 9 (Minn. 1903); Minneapolis Gas -Light Co. v. City of Minneapolis, 36 Minn. 159, 30 N.W. 450 (Minn. 1886). Non -elective officers and employees in cities fall into two groups. The city often retains or contracts with independent contractors, such as an attorney, auditor, architect, and others. Their compensation is frequently on a retainer, a contract or some other fee basis. The city also hires full-time and part-time employees to whom the city pays either a salary or a wage. Some cities employ these individuals on the basis of a merit system or under a civil -service system. HANDBOOK FOR MINNESOTA CITIES This Chapter last revised 9/28/2005 8-3 A. Statutory appointive offices Minnesota statutes require that cities fill several positions. These include the following: • Clerk • Treasurer • Emergency -management positions • Data -practices -compliance positions • Assessor • Manager (Plan B cities only) 1. Clerk and treasurer in general Minn. Stat. § 412.581. Plan A cities must appoint a clerk and a treasurer. The law also authorizes Minn. Stat. § 412.591. these offices to be combined by local ordinance. Minn. Stat. § 4 i 2.681. In Plan B cities, there must be a clerk and a treasurer and other offices as the council may create by ordinance. The council may combine the duties of any offices, except the manager may not perform the treasurer's duties. Minn. Stat. § 412.02, subds. 1, In Standard Plan cities, the clerk and treasurer (or the combined clerk- 3. treasurer position) are elected positions. Although the duties are similar to Plan A city clerks and treasurers, Standard Plan cities should also see the discussion in Chapter 6 regarding elected officials for further information. 2. Clerk City administration, including The clerk is a central figure in any city government and has a wide variety the duties of the clerk is also of duties and responsibilities. Not only does the clerk execute many of the discussed in League research city's governmental functions, the clerk also usually supervises the daily memo City Administration: Clerk, Administrator, Manager administration of city business, such as keeping records, writing letters, and (369.3). keeping accounts. a. Elected clerk In many Standard Plan cities, the elected clerk no longer spends a large amount of time performing the duties of clerk. Instead, the elected clerk has become more like a regular councilmember who supervises a deputy clerk —a city employee who performs the day-to-day operations of the clerk's office. 8-4 This chapter last revised 9/28/2005 J HANDBOOK FOR MINNESOTA CITIES CHAPTER 8 The elected clerk, in this situation, is usually fully employed in another job in the private sector and performs the clerk's statutory and supervisory duties on a limited, part-time basis. Some Standard Plan cities even hire an administrator to work under the supervision of the entire council. This person performs many of the duties normally performed by the clerk. b. Appointed clerk In most Plan A cities, the position of clerk has become a full-time job. The person hired to fill this position usually has experience and some expertise in performing the various duties that are the responsibility of a full-time city clerk. Some smaller cities with appointed city clerks may hire a person to work as the city clerk on a part-time basis. C. Duties of the clerk Minn. Stat. § 412.151, 5nhd. 1. The clerk has several statutory duties. Although the following list is not comprehensive, it outlines the most commonly recognized duties. By statute, the clerk in statutory cities is required to perform the following functions: • Keep a minute book containing all of the city council proceedings. - • Keep an ordinance book recording all of the ordinances passed by the council. • Act as the bookkeeper of the city and keep an account book to enter all money transactions of the city, including the dates and amounts of all receipts, and the person from whom the money was received, as well as all orders drawn upon the treasurer with their payee and object. • Give the required notice of each regular and special election, record the proceedings thereof, notify officials of their election appointments to office, and certify to the county auditor all appointments and the results of all city elections. • Serve as the custodian of the city's seal and records. Minn. Stat. § 412.201. • Sign all official papers. • Post and publish notices, ordinances, and resolutions as required. • Perform other appropriate duties as imposed by the city council. In addition to the above duties, the clerk will also typically do the following: • Provide notice of regular and special meetings HANDBOOK FOR MINNESOTA CITIES This Chapter last revised 9/28/2005 8-5 • Handle all correspondence on behalf of the council. • Draw up agendas and prepare or supervise the preparation of other working papers the council uses at meetings. • Execute any duties the council assigns to the clerk. In many cities, the clerk also does this for administrative boards, such as the utilities commission. d. Financial responsibilities See Handbook, Chapter 28. Except for those records the treasurer must keep, the clerk maintains all financial records. Where the city has combined the office of clerk and treasurer, the clerk generally performs all financial duties. In addition, the clerk must annually prepare three different financial reports. If the council makes appropriations or allotments under a budget, the clerk usually has the duty of administering the budget. See League research memo The city must make monthly payroll deductions for Public Employees Guidelines for Preparing Cite Retirement Association (PERA) contributions and Social Security Budgets (215b.1) for more information. contributions from each employee, and remit the deductions and the city's contributions to the appropriate state officer. A statement of the amount of these deductions, the amount of salaries from which they came, and the names of the employees for whom the city is making the payment must accompany the payments. The preparation of this statement is the duty of each city department head, but in many cities this responsibility is centralized in the office of the clerk or finance officer. If the city does not have separate department heads or if some city employees are not directly accountable to any particular department head, the clerk should make the deductions and file the necessary returns. As the general city administrative officer in charge of payroll, the clerk must also withhold state and federal income taxes from the paychecks of all employees. Minn. Stat. § 412.151, subd. 2. By ordinance, the city council may delegate all or part of the clerk's bookkeeping duties to another officer or employee. The person responsible for these duties must furnish a fidelity bond. If the city makes the treasurer responsible for all bookkeeping functions, the city must audit its financial records annually. Copies of the ordinance delegating the bookkeeping functions must be sent to the state auditor. e. Filing official documents It is the duty of the clerk to accept and keep on file the following official documents: 8-6 This chapter last revised 9/28/2005 J HANDBOOK FOR MINNESOTA CITIES CHAPTER 8 Minn. Stat. § 358.11. . The oath and bond of each city official (except the assessor). Minn. Stat. § 574.21. • Claims against the city. Minn. Stat. § 412.141. . The treasurer's year-end statement. Minn. Stat. § 6.51. • Any state auditor's reports on city affairs the clerk may receive. Minn. Stat. § 35.68. • Proclamations stating that rabies exist in the city, and seeing that such a proclamation is published in a legal newspaper, or, if there is no legal newspaper in the city, posting a copy in three public places. Minn. Stat. § 276.11, subd. 1, • Tax -settlement receipts from the county treasurer. Minn. Stat. § 412.871. • Receipts court officers obtain from the treasurer for payment of fines into the treasury. The clerk, even though no longer the local registrar of vital statistics, like birth and death records, should keep records the city accumulated during the years when the clerk performed this duty. The clerk should answer inquiries concerning these records. f. Certification The clerk should certify the following information and attest to its validity: Minn. Stat. § 645.021, subd. 3. • Local approval of special laws pertaining to the city. Minn. Stat. § 429.061, subd. 3. • Special assessments to the county auditor. Minn. Stat. § 505.176. • Plats of land within the city to the county recorder. Minn. Stat. § 275.07, subd. 1. • Tax levies to the county auditor. Minn. Stat. § 205.07, subd. 1. • Immediate notification of a change of regular city election date to the secretary of state and the county auditor. Minn. Stat. § 206.58, subd. 4. • Use of lever voting machines or an electronic voting system, within 30 days of adoption of such a system to the secretary of state. Minn. Stat. § 204B.14, subds. 5. • Precinct boundary changes to the secretary of state. The clerk must also 6, 4. file a map showing the new boundaries with the secretary of state. In addition, notice of the change must be posted in the clerk's office at least 60 days before the change becomes effective. Minn. Stat. § 69.011, subds. 2, . Existence of a municipal fire department or of an independent nonprofit 3. firefighting corporation, and the fire personnel and equipment. HANDBOOK FOR MINNESOTA CITIES 8-7 This Chapter last revised 9/28/2005 Minn. Slat. § 69.011, subd. 2(b). • Existence of an organized police department, incorporated relief association, and number of police officers in the city to the county auditor and commissioner of revenue. g. Other duties In addition to the above duties, the clerk must: Minn. Slat. §§ 358.09-.10. • Take and certify acknowledgments and administer oaths. Minn. Slat. § 347.09. . Issue dog and kennel licenses, and enforce county -licensing regulations if applicable. Minn. Slat. § 340A.905. • Receive notice and inform the council of convictions for liquor violations involving people holding liquor licenses in the city. Minn. Scat. § 412.851. • After the adoption of a resolution vacating a street, alley or public ground, the clerk must prepare a notice of completion of the proceedings that must be presented to the county auditor and recorded with the county recorder. h. Deputy clerk Minn. Stat. § 412.151, subd. 1; The statutes allow the position of deputy clerk in any statutory city. Only A.G. Op. 470c (Feb. 18, 1959). the clerk, with the consent of the council, may appoint and remove the deputy. The attorney general has interpreted "with the consent of the /1 council" to mean the council has power to approve the clerk's nominee for the position. Besides approving the appointment, the council should provide for payment of the deputy's salary from city funds. Minn. Slat. § 412.151, subd. 1. If the city does not have a deputy clerk and the regular clerk is absent from the city or is disabled, the council may, on its own authority, appoint a deputy clerk to serve during the absence or disability of the regular clerk. Minn. Slat. § 412.151, subd. 1. A deputy may perform all duties of the clerk, except for those duties of a Standard Plan clerk serving as a councilmember. While state law does not require the deputy position to be bonded, it is advisable to do so when the position requires handling money. The clerk is responsible for all official actions of the deputy. 3. Treasurer Minn. Slat. § 412.141. The treasurer must receive and safely keep all city money. This means prompt entry of all receipts in an account book, showing the date, source, kind, and amount of each payment, and the immediate deposit of all money in the city's official depository. To pay out city funds, the treasurer must draw up an order in writing, the council must audit and allow it, and the mayor and clerk must sign it. 8-8 This chapter last revised 9/28/2005 HANDBOOK FOR MINNESOTA CITIES CHAPTER 8 Minn. Stat. § 412.141. The treasurer must have the books and records available for inspection at any time. After the close of each calendar year, the treasurer must prepare and file a detailed account of that year's receipts and disbursements with the clerk. Minn. Stat. § 412.141. When leaving office, the treasurer must deliver all city papers, books, and money to the new treasurer as soon as he or she qualifies for office and begins the term. An outgoing treasurer should close the books completely before passing them on. a. Duties of treasurer In addition to these general duties, the treasurer must also: Minn. Stat. § 427.09. • Select one or more official depositories for the safekeeping of city funds if the council fails or refuses to select a depository within 30 days after the beginning of the fiscal year. Minn. Stat. § 487.33, subd. 5. • Receive fees, fines, and other payments due to the city, and give out Minn. Stat. § 412.871. receipts for them. b. Deputy treasurer Minn. Stat. § 412.141. The treasurer may, with the consent of the council, appoint a deputy treasurer who is supervised by the treasurer and who may be terminated by the treasurer. In case of the treasurer's absence from the city or disability, the council may appoint a deputy treasurer to serve during the regular treasurer's absence or disability. The deputy treasurer may discharge any of the duties of the treasurer. Since the deputy may handle money, the council should require a deputy treasurer to file an official bond. 4. Emergency management Minn. Stat. § 12.25, subd. 1. Every statutory and charter city must establish a local organization for The League's Minnesota Basic emergency management. Each local organization must have a director, who Code has a Model Emergency is appointed by the mayor. Many smaller cities have designated their fire Management ordinance. chief as the director of emergency management. 5. Data -practices positions Minn. R. 1205.1000. A state rule requires the governing body of each political subdivision to appoint a responsible authority. A "responsible authority" is the individual designated by the council to be responsible for the collection, use, and Minn. Stat. § 13.02, subs. 16. dissemination of the city's data. A sample resolution to appoint a Minn. R. 1205.2000, subp. 2. responsible authority is found in the state rules. HANDBOOK FOR MINNESOTA CITIES 8-9 This Chapter last revised 9/28/2005 j Minn. Stat. § 13.05, subd. 13. In addition to appointing a responsible authority, all political subdivisions must appoint or designate a data -practices -compliance official. This is the person to whom people may direct questions or concerns regarding problems in obtaining access to data or other data practices problems. Minn. Stat. § 13.05, subd. 13. The data -practices -compliance official must be a city employee and may be the same person as the responsible authority. A sample resolution to appoint a data -practices -compliance official is available from the League. 6. Assessor Minn. Stat. § 273.063. Cities of the first class, and cities with a population of 30,000 or more that Minn. star. § 270.50. are located in counties that do not have a countywide assessment system, must have a city assessor. The assessor performs both the duties of a local assessor and county assessor, except the county assessor retains supervisory duties. Assessors must be licensed by the State Board of Assessors. Minn. Stat. § 412.131. In many Minnesota cities, the county assessor assesses property for tax purposes. But Minnesota state law authorizes all statutory cities to appoint assessors. The assessor is appointed by the city council or as provided for by charter. The city assessor is appointed for an indefinite term and may be Minn. Stat. § 273.05, subd. 1. removed by the council for cause or on charges by the commissioner of revenue for inefficiency or neglect of duty. Vacancies must be filled within 90 days or the office is terminated and the county auditor may appoint a new assessor. But the city assessor office may be reinstated by hiring a certified or accredited assessor. Minn. Stat. § 273.05, subs. 2. All assessors must take an oath of office before they begin. Failure to take the oath means a refusal to serve. The State Board of Assessors is the source of information on the state -certification program. 7. Managers (Plan B cities) Minn. star. §§ 412.601-.751. Plan B cities and some home rule charter cities have a city manager. The City administration, including council exercises the legislative power of the city and determines all the duties of the city manager is matters of policy. The city manager exercises the administrative power of also discussed in League the city, and is responsible to the council for the proper administration of research memo City all city affairs. In other words, the manager performs all the administrative Administration: Clerk, Administrator, Manager duties, such as hiring employees, enforcing city ordinances, and preparing (369.3). the budget. Minn. star. §§ 412.601-.751. In Plan B cities, department heads are directly responsible to the city manager, and as a result, must make reports, submit the budget, and be directly subordinate to the manager. 8-10 This chapter last revised 9/28/2005 HANDBOOK FOR MINNESOTA CITIES r 1 CHAPTER 8 B. Non -statutory offices Although the law does not require it, most cities appoint an attorney and a police chief. Other positions that many cities have are administrator, librarian, liquor -store manager, recreation director, street superintendent, engineer, and utilities superintendent. Small cities often hire several part-time employees, or one or two full-time employees to perform many See Minn. Stat. § 471.59. duties. Sometimes, small cities share the services of an employee with other small cities under the Joint Powers Act. While certain positions are common to large and small cities alike, the actual duties of these employees often depend on the size of a city and the complexity of its organizational structure. A supervisory administrative official may or may not devote some time to direct participation in the functional activities of the department. For example, police chiefs in smaller cities may spend a major portion of their time working in patrol cars, while devoting only a few hours per week to supervisory activities. 1. City administrator Minn. Stat. § 412.11 1. The city council may appoint employees for the city as deemed necessary for its proper management and operation. Standard Plan and Plan A city City administration, including the duties of an administrator is may b ordinance or resolution, a chief administrative councilsY establish,Y also discussed in League office, often called the city administrator position. The city may assign research memo Cite coordinating duties of the city administrator to the city clerk, deputy clerk Administration: Clerk, ,4dminisiralor, Manager or special administrative officer. (369.3). A.G. Op. 471-F (Oct. 24, 1961); Delegated duties must be ministerial. The courts will not permit the Jewell Belting Co. v. Village of delegation of legislative discretion. The duties the council may delegate Bertha, 91 Minn. 9 (Minn. 1903). include the supervision of workers, accounting, preparation of reports, factual determinations, and execution of council policies. The administrator may not hire and fire employees or make purchases and let contracts unless the council sets specific standards governing these actions. The city should have a detailed job description for this and all positions. Several small cities may also agree to share the benefits of a professional administrator by sharing the financial burden as well as the time of the administrator. Except in Plan B and in some charter cities, department heads are directly responsible to the council. While they may make decisions of a daily, routine nature, the council must decide all questions of major policy. HANDBOOK FOR MINNESOTA CITIES This Chapter last revised 9/28/2005 8-11 In fulfilling their supervisory functions, administrative officials should oversee long-term and short-term departmental planning, organize and direct the workload of employees, report to the council and the general public, and prepare and execute the budget. 2. Other offices There are a number of other types of offices that city councils create to serve the needs of the city. These offices will vary in their responsibilities from city to city. 3. Boards and commissions See Handbook, Chapter 6 for Many cities have various boards and commissions that advise the council in further information on boards particular areas. These boards and commissions are generally established and commissions. by ordinances that specify the board's responsibilities and duties. Some boards and commissions may have specific powers given to them by state statute. 8-12 j 4. City attorney Although not a required position, most cities hire an attorney who acts as the legal advisor to the city council. The need for cities to make contracts, write and pass ordinances, deal with employment issues and land -use matters, as well as the potential for litigation in a variety of different areas, makes a good working relationship with a city attorney very important. Here are some basic guidelines to help cities work with their city attorneys: Provide information. Keep the city attorney informed about the matters the city may be dealing with. Give the attorney all the facts that surround a specific situation. If you leave something out, it may affect the conclusion reached by the attorney. Include in meetings. It's a good idea to have the city attorney attend all the city council meetings. Give time to prepare. Give the city attorney advance notice of questions for which the council may want a legal opinion. This will allow the attorney to thoroughly research the question and provide a well-informed legal opinion. An immediate answer to questions with complex legal issues will not always be available. Ask questions. If you don't understand what the city attorney has said, ask for clarification. You can't follow advice that you don't understand. Ask the attorney why he or she has reached a particular conclusion if you don't understand the reasoning behind the opinion. This chapter last revised 9/28/2005 HANDBOOK FOR MINNESOTA CITIES CHAPTER 8 City council members don't always agree with the advice they get from their city attorneys. While there is no obligation to follow the legal advice you receive, cities should exercise some caution before disregarding it. If you disagree with the city attorney's opinion, the city should consider getting a second opinion from another attorney. Be sure to let your city attorney know you will be seeking an additional opinion on the matter. In some fields of law, such as employment and land use, an attorney who specializes in that particular field may be able to provide additional information that can assist the council in making a well-informed decision. II. Qualifying for office Minn. Stat. § 358.05; See Qualifying for office means an elected or appointed official takes the discussion in Handbook, official oath and files a bond, if necessary, for the position. This is not the Chapter C. same as qualifications for office that refer to an individual's abilities and characteristics. Minn. Stat. § 351.02 (6). The act of qualifying for office should take place within the statutorily prescribed time limit. Failure to do so creates, upon declaration of the council, a vacancy in the office. A. Official bonds Minn. Stat. § 412.111. State law requires the treasurer and clerk to furnish bonds. In addition, the See League research memo state law authorizes the council to require a bond from any other officer or O/ficial Bonds and Oaths of employee. City Of and Employees (65.2). The city should always require a bond for employees that handle substantial amounts of money or property that is readily convertible into money. In some cases, the city may find it desirable to bond major administrative officers as well, even though they do not directly handle money. Many cities bond the city manager, finance director, deputy clerk, department heads, and other similar administrative officials. Minn. Scat. § 412.151, subd. 2. In addition, if the council designates all or part of the clerk's bookkeeping duties to another officer or employee, that officer or employee must furnish a fidelity bond. 1. Premium payments Minn. Stat. § 412.111. State law allows the council to pay the premium on the bond from city Minn. Stat. § 412.151, subd. 2. funds, although the council could require officers or employees to obtain the bonds and pay their own premiums. HANDBOOK FOR MINNESOTA CITIES 8-13 j This Chapter last revised 9/28/2005 V 2. Amount of bond The law does not set a schedule of bond coverage for any particular class of officials or employees. The amount of bond coverage is up to the city council. A city may set the amount of bond coverage in several different ways. One way is to set the bond amount as approximately equal to the largest amount of money on hand at any one time. The Government Finance Officers Association recommends using a formula to determine the officer's "exposure index." This formula takes 10 percent of the sum of the city's total annual revenue, adds it to the market value of negotiable securities under the official's control, and matches the See LMCIT risk management resulting figure to a recommended bond amount. Further information on information memo LMCIT Bond this formula is available from the League of Minnesota Cities. Coverage. 3. Kind of bond Minn. Stat. § 412.111. The bonds that the clerk and treasurer furnish must be corporate -surety bonds. Bonds of all other officers or employees may be either corporate or personal -surety bonds. Corporate bonds, however, are becoming more and more common. Corporate -surety bonds have the backing of an insurance company licensed to write the bonds. Personal -surety bonds have the backing of individuals signing as sureties. They agree to pay any amount up to the amount of the bond, if the city is entitled to that amount due to improper actions on the part of the bonded person. Corporate -surety bonds provide better protection because of the resources of the insurance company and the more rigid supervision they usually require over the handling of funds. Minn. Stat. § 574.01. If the officer uses a personal -surety bond, two or more people or sureties Minn. Stat. § 574.12. who are residents of the state must, together with the officer, sign and acknowledge the bond. Personal sureties must also certify, by an affidavit attached to the bond, that each is worth at least twice the sum of the bond, over and above their debts and liabilities and exclusive of their exempt property. 4. Blanket bonds Minn. Stat. § 415.18 subd. Ia. Instead of individual bonds, the council may provide for blanket -position bonds that a surety company issues to cover any officer or employee, including clerks and treasurers who must furnish a bond. The blanket bond must include all of the obligations required by the law, charter or ordinance. Councils may purchase blanket -position bonds regardless of contrary charter provisions. 8-14 This chapter last revised 9/28/2005 HANDBOOK FOR MINNESOTA CITIES CHAPTER 8 S. Approval and filing Minn. Stat. §§ 574.20-.2I. The bonds of all city officers and employees, except for a few exceptions, must be approved by the council and filed by the clerk. The council should endorse each bond. If the council decides that an official's bond is not sufficient, it may require a bond in a larger amount. The county auditor approves and files the bond of the city assessor. The assessor should file the bond before receiving the assessment book. Presumably, the same requirements should apply to the deputy assessor. 6. Form of surety bonds The insurance company that writes the bond usually provides corporate - surety -bond forms. The forms should comply with state requirements. Printed forms for personal -surety bonds are available from legal stationers. The League can provide information on suggested forms. 7. Terms of bonds Bonds may be for a specified period, such as for a year, or for an indefinite term, in which case they remain in effect as long as the person stays in �— office. The League recommends, however, that the council only accept bonds that are for a one-year period. Each bonded officer or employee would then furnish a new bond annually. This procedure protects the city against an accumulation of improper actions on the part of an individual. 8. LMCIT bond coverage See LMCIT risk management The League of Minnesota Cities Insurance Trust (LMCIT) offers public - information memo LVICIT Bond employee -bond coverage as part of its overall package of coverage for Coverage for further information on the type of cities. LMCIT's bond program makes available all of the fidelity and coverage offered. faithful -performance -bond coverage and limits that is needed by cities and city officials, and coordinates the bond coverage with a city's other coverage to avoid gaps, overlaps, and inconsistencies. HANDBOOK FOR MINNESOTA CITIES This Chapter last revised 9/28/2005 8-15 B. Examination of accounts Minn Scat. § 574.23. The council must make, or arrange for another party to make, a thorough examination of an officer's financial accounts when: the official files a new official bond or other security; the officer's term expires; or a vacancy results from the death, resignation or removal of the official. If there is any discrepancy in the accounts, the council must immediately notify the official and the official's sureties of the irregularity. The statement must be in writing. The council should mail the statement to the officer and sureties at their residences, if known. Failure to make the examination or give such notice does not discharge the sureties. Such an examination of accounts should occur at the end of an official's term of office whether or not that official has been re-elected to serve another term. III. Incompatible offices Sec 39 Dunncll Minn. Digest The statutes do not usually prevent a person from holding two or more Public Officers and Employees § 3.03 (4" ed. 1998); state v. governmental positions. However, elected officials and some employees Sword, 157 Minn. 263, 196 cannot hold more than one position if one of the positions has N.W. 467 (Minn. 1923). responsibilities that are incompatible with the other. A public official may also be prohibited from holding more than one position if the different jobs give rise to conflicts between personal interests and official duties. It is important to realize that incompatible offices may occur with either elected or appointed offices. Thus, both elected and appointed officers may need to consider the nature of their offices if they will be serving the public in more than one role. See Handbook, Chapter 6; See Incompatible offices are discussed in more detail in another part of this also League research memo Handbook, as well as in a League research memo. Official Conflict ofInterest ( I40a.3). See also House Research Information Brief, Compatibility QfOffiees for more information. 8-16 IV. How this chapter applies to home rule charter cities The section on Appointed officials and employees generally applies only to statutory cities. The sections on Qualifying for office and Incompatible offices generally apply to both statutory and home rule charter cities. This chapter last revised 9/28/2005 HANDBOOK FOR MINNESOTA CITIES Page 1 of 2 Subj: Web work Resolution Date: 7/17/2006 6:40:33 PM Central Daylight Time From: nrbosak@visi.com To: GemLakeCity@aol.com, chwatson@ur com, pemeott@comcast.net, Odyrestorations@aol com, hutch@nexengroup.com Gentleman, Although I will not be able to attend the next council meeting I would like to author a resolution to approve the expenditure of $1,200 for web site improvements. This money would be used to hire Ryan Green at his "Starter" package level. (See below) Ryan is very experienced and has also done "city" work for Wrenshall, Minnesota, check out http://www.wrenshallmn.com/ I will work as our contact with Ryan to ensure the site is set up for easy maintenance by us or our intern. I'm hoping you can vote on, and approve this resolution in my abscence. Thanks, Rick Bosak nrbosak@visi _com All Web Site Design Packages Include - Domain name registration and/or setup - Business email matching your domain name - Search engine preparation - Search engine registration with Google and others, not including Yahoo! (Yahoo! is an additional yearly charge) - Web Site Stats for visitor tracking on a monthly basis - Completely custom web site design. (Choose from two designs I design for you) - Payment up front, includes one year's hosting - Maintenance plans start at $50 a month including hosting. Starter Business Web Design Package - $1,200 and up - 5 Page Custom Web Site Design. - Domain Name Registration and/or Setup. - Graphic Design to Your Specifications. (Choose from two designs I design for you) - Includes Custom Online Form. - Email Accounts Matching Your Domain Name. - Hosting on High Speed Reliable Servers Also, here is a non -exhaustive listing of site I have worked on. ones with stars, I no longer maintain, they have chose to maintain those sites themself. httr)://www.bl-financial.com http://www.thelakebank.com http://www.chestercreektech.com http_//wwW,wrenshallmn.com ht_tp://www.archiepub.com http://www. itherapies.com http://www.idealofbarnum.com Friday, July 21, 2006 America Online: GemLakeCity Page 2 of 2 http://www.heritagewindow.com " http://www.carlsonandkirwan.com w http://ww.sonlifecommunitychurch.org http.//www.elimchurchblackhoof.org h ttp: //www. d u I uth eran.org http://www.northemra-i..I-.-net http://www.pipestojlest;llr.-'oom Friday, July 21, 2006 ,America Online: GemLakeCity Page 1 of 2 My web site packages: Once you decide on a package. I can run down with you, everything that would be included, including maps, possible business listings or directories, etc. This is pretty much a place for you to start. For instance, the Premier package includes more than what is listed. -'\Also, here is a non -exhaustive listing of site I have worked on. ones with stars, I no longer maintain, they have chose to maintain those sites themself. http://www.bl-_financial.com http://www.thelakebank.com http://www.chestercreektech.com_' http://www.wrenshallmn.com- htp _llwww. archiepu b, com http:%/www.itherapies.com http://\ ww.idealofbarn.um-com http://www. heritagewindow.com ' http://www.carlsonandkirwan.com " http_//www.so_nlifecommunitvchurch.org http: //www._el imch u rch blackhoof, o rg http://www.dulutheran.org b_ttp://www.northernrail. net http://www.pipestonestar.com All Web Site Design Packages Include - Domain name registration and/or setup - Business email matching your domain name - Search engine preparation - Search engine registration with Google and others, not including Yahoo! (Yahoo! is an additional yearly charge) - Web Site Stats for visitor tracking on a monthly basis - Completely custom web site design. (Choose from two designs design for you) - Payment up front, includes one year's hosting - Maintenance plans start at $50 a month including hosting. Starter Business Web Design Package - $1,200 and up - 5 Page Custom Web Site Design. - Domain Name Registration and/or Setup. - Graphic Design to Your Specifications. (Choose from two designs I design for you) - Includes Custom Online Form. - Email Accounts Matching Your Domain Name. - Hosting on High Speed Reliable Servers Small Business Website Design Package - $2,500 and up - 10 Page Custom Web Site Design. - Domain Name Registration and/or Setup. - Graphic Design to Your Specifications. (Choose from two designs I design for you) - Includes Custom Online Form. - Email Accounts Matching Your Domain Name. - Hosting on High Speed Reliable Servers - And more... Premier Small Business Web Site Design Package - $5,000 and up fi1e:HG:\0Work Files\03GemLake\WebSite\rgreen060608a.html 7/21/2006 - Unlimited Pages and Custom Web Site Design. - Domain Name Registration and/or Setup. - Graphic Design to Your Specifications. (Choose from two designs I design for you) - Includes Custom Online Form with email function. - Content Management Console for updating site. - Database development for content. - Email Accounts Matching Your Domain Name. - Hosting on High Speed Reliable Servers - And more... Additional Web Site Design Services - Secure Ecommerce Websites. - Content Management Systems (CMS). - Add Additional Web Pages- - Custom Web Programming. - Content Development. - Web Site Promotion. - Flash Web Site Design. - Database Driven Web Sites. - Printing Services (Full Color Business Cards and Morel). - Video Production and Streaming Media. om fi1e://G:\0Work Files\03GemLake\WebSite\rgreen060608a.html 7/21/2006 JOINT POWERS AGREEMENT AMONG MEMBERS OF THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1, 2006, is entered into pursuant to the provisions of Minnesota Statutes Section 471.59 between -e111 L O kC body politic and corporate under the laws of the State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes of forming the Ramsey County Geographic Information System Users Group hereinafter referred to as the AUsers Group ARTICLE 1. INTENT OF THIS AGREEMENT: In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agrccment is intended to enable those parties who are part of the Users Group to be represented by the Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. ARTICLE 11. DEFINITIONS: Section 1. Members are deemed to be those local units of government, special purpose government units, local agencies and the Ramsey Conservation District who have executed this Joint Powers Agreement and have paid fees as provided in Article X. Section 2. Paying Affiliates are those county, regional, state and federal agencies, local government organizations with regional jurisdiction, local government cooperative organizations, non-profit organizations and educational institutions with direct or indirect involvement in GIS activities that have paid fees as provided in Article X. Paying Affiliate membership must be approved by the Board. Paying Affiliates are non- voting participants and are not eligible to serve on the Board. Section 3. Non -Paying Affiliates are those representatives of county, regional, state and tedeml agencies, local govemmctit organizations with regional jurisdiction, local government cooperative organizations, non-profit organizations and educational institutions with direct or indirect involvement in GIS activities. Private sector entities that arc contracted to perform GIS-related tasks for a Member can also join as a Non -Paying Affiliate. Regular Affiliate membership must be approved by the Board. Non -Paying Affiliates are non -voting participants are not eligible to serve on the Board, do not pay membership or fees as described in Article X, and arc not entitled to data access and exchange detailed in this agreement. ARTICLE III. USER GROUP STRUCTURE: Section 1. The Users Group will be governed and managed by a Board of Directors (ABoard=). Section 2. One Director will represent each Member organization. Each Member organization shall appoint one Director and an alternate to serve on the Board. Section 3. The Board shall also have the following officers: a Chair, Vice Chair, Secretary and Treasurer. Section 4. These officers are elected annually by the Board. Section 5. These officers are undertaken on a voluntary basis without pay. Section 6. A quorum will consist of at least a one-half attendance of full membership of the Board. Section 7. Decisions will be made by majority of the quorum. :ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS: Section 1. The Board shall meet at least two times per year. Section 2. The Board shall conduct an organizational mecting no later than 30 days after the effective date of this Aerecinent. The meeting will be called for the purposes of electing the officer positions of Chair, Vice Chair, Secretary and Treasurer. This meeting will allow the adoption of by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate. This meeting Will also be called by the Board to determine the User Group Budget, review the operating procedures within this Agreement, and approve agreements with Ramsey County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features. Section 3. The Board shall approve and adopt the formula for the distribution of costs associated with access to Ramsey County GIS data and for the updating of physical features. This formula shall be reviewed annually by the Board. Section 4. The Board shall arrange for and facilitate regular meetings of the User Group and for User Group activities. Section 5. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the Chair. The Secretary is responsible 1'or recording the proceedings of the Board and communicating these proceedings to all Member organizations. The Treasurer is i responsible for the funds and financial records of the Board. Section G. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. Section 8.The Board shall purchase liability insurance on behalf of the Users Group to insure against liability of the Users Group and its constituent Members. Section 9. The Board may: (i) enter into contracts to carry out its powers and duties, in full compliance with any competitive bidding requirements imposed by State or local law. (ii) provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; (iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis; (iv) purchase, hold or dispose of real and personal property; (v) contract for space, commodities or personal services with a Member or group of Members; (vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. (vii) appoint a fiscal agent; ARTICLE V. NEW MEMBERS: Section 1. Those units of government who are not part of this initial Agreement may join as Members of the Users Group at any time. Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign the current Agreement. Section 3. The New Members and Paying Affiliates will pay the current one-time membership fee and the data exchange fee due for the year in which the new Member is joining as set by the Board in Article IV, Section 4, as calculated by the current formula. Fees will not be pro -rated for new Members who join after January l of tacit year. ARTICLE V1. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY: Section I. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey County for the exchange of County GIS Data with Members and Paying Affiliates at a preferential fee structure. A component of the fees will apply to the l maintenance of digital physical features from aerial photography captured County -wide on a three year basis. Section 2. The GIS Data should consist of the following components: (i) The Ramsey County Digital Base Map as generated and maintained by the County. (ii) The Ramsey County Attribute Data Base as generated and maintained by the County. (iii) The Physical Features File as generated and maintained by the County. Section 3. The Board will negotiate on behalf of the Members and Paying Affiliates for the cost and method of access to this data. Prior to each annual payment to Ramsey County, the Board shall determine whether it is satisfied with the content, accuracy and timeliness of the data pw� idcd to date and make a determination if further payment shall be made. ARTICLE V11. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT: Section 1. Members agree to exchange any GIS data with Ramsey County and with any requesting Member for the requesting parties own use where that GIS data has been in some way derived and developed from the County GIS Data as a result of this Agreement or future apwcmenls between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member, any attrihute dat.r that it has created and maintained where that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. Section 3. Any costs associated with a Member supplying data to Ramsey County or to any other Member shall be for access and delivery of that data only and not for any costs associated with the development of that data. ARTICLE VIII. DATA ACCESS AND USAGE: Section I. All Members and Paying Affiliates shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members and Paying Affiliates may not be sold in its original form to third party agencies. However, a Member or Paying Affiliate may allow use of the original data by a third party for specific contracted purposes. Data generated by Members or Paying Affiliates and provided to Ramsey County may not be sold by Ramsey County in its original form to third party agencies. I lowever, Ramsey County may allow use of the original data by a third party for specific contracted purposes. Section 3. Data which results from enhancement by a Member or Paying Affiliate of Ramsey County GIS Data, received pursuant to this Agreement, may be sold or exchanged to a third party. Section 4. All Members and Paying Affiliates will adhere to future Users Group license agreements for County or other agency GIS data. ARTICLE IX. DATA SECURITY: All Members and Paying Affiliates of the Users Group agree to abide by the data privacy and data security standards of the supplying agency when using data made available by that agency. ARTICLE X. FINANCIAL MATTERS: Section 1. The fiscal year of the Users Group is the calendar year. Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July 1 of each year for each succeeding year. "The Board will give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member organization. Section 3. Operational costs shall be shared according to a method agreed upon by majority decision of the Board of Directors. The costs ould be met by membership fees. These costs could include Users Group administrative costs, purchase of liability insurance and others as appropriate. Section 4. Membership Fee: New Members and new Paying Affiliates shall pay a one-time membership fee of S500 to the Users Group for the calendar year 2006. The amount of this fee shall be reviewed and set annually by the Board of Directors for new Members and new Paying Affiliates. Section 5. Data Access and Physical Features Maintenance Fee: Members and Paying Affiliates shall commit to a three-year payment of data access and physical features maintenance fees, except where a one-year limitation is imposed by State Statutes. Ramsey County will charge the Users Group on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group on behalf of the Members and Paying Affiliates on an annual basis. The amount to be paid by each Member and Paying Affiliates will be determined by the Board and will be reviewed annually. Section 6. Special Projects Assessments: Members and Paying Affiliates who wish to enter into special projects and consultations shall present proposals to the Board for review. Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Board, those Members and Paying Affiliates who are part of the project will be assessed to meet the cost of the project. Section 7. Billings to the Members and Paying Affiliates are due and payable no later than 60 days after the receipt of the annual invoice. In the event of a dispute as to the amount of a billing, a Member or Paying Affiliate must nevertheless make payment as billed to preserve membership status. The Member or Paying Affiliate may make payment subject to its right to dispute the bill and exercise any remedies available to l it. Failure to pay a billing within 60 days results in suspension of voting privileges of the Member Director. Failure to pay a billing within 120 days is grounds for termination of membership, but the Users Group rights to receive payment arc not affected by the termination of membership. ARTICLE Xl. TERM Section 1. This Agreement shall be in force through December 31, 2008, or until superseded by another agreement. Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2008 and be agreed upon and signed on or before December 31, 2008. ARTICLE XI1. TERMINATION: Each Member or Paying Affiliate shall have the right to terminate its membership and participation in the Users Group with or without cause by formal resolution of the Member's or Paying Affiliate's organization and communicated to the Board in writing. However, the Member or Paying Affiliate is still obligated to its financial commitments for the year during which termination of membership occurs. These commitments include: (i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to all Members and Paying Affiliates. (ii) any balance owing on Special Projects Assessments. This commitment applies to Members and Paying Affiliates which have entered into any special project agreemcnt(s). Termination of membership prior to expiration of the Agreement shall make a local unit of government ineligible to re join as a Member or Paying Affiliate under the current Agreement. ARTICLE XI11. DISSOLUTION: Section 1. The. Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatory when the Secretary has received certified copies of resolutions adopted by the governing bodies of the required Members requesting dissolution of the Users Group. Section 2. In the event of dissolution, the Board must determine the measures necessary to affect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will be charged to and paid by the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. ARTICLE XIV. ACCESS TO DOCUMENTS: Until the expiration of three years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relating to this Agreement. ARTICLE XV. HOLD HARMLESS: Section 1. Each Member or Paying Affiliate agrees to defend, indemnify and hold the other Members or Paying Affiliates harmless from any claims, demands, actions or causes of action, including reasonable attorneys fees, against or incurred by such other Members or Paying Affiliates, for injury to, death of, or damage to the property of any third person or persons, arising out of any act or omission on the part of the indemnifying Member or Paying Affiliate or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members or Paying Affiliates under the terms of this Agreement. Section 2. Nothing in this Agreement shall constitute a waiver by either Members or Paying Affiliates or the Users Group of any limitation of liability under Minnesota Statutes Chapter 466. Section 3. Under no circumstances, however, shall a Member or Paying Affiliate be required to pay on behalf of itself and other Members or Paying Affiliates, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Member or Paying Affiliate. The limits of liability for sonic or all of the Members or Paying Affiliates may not be added together to determine the maximum amount of liability for any Member or Paying Affiliate. SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: Section 1. The Members and Paying Affiliates and the Users Group agree to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age. Section 2. When required by law and requested by the other party, the Users Group shall fumish a written affirmative action plan to the Members and Paying Affiliates. SECTION XVIL DATA PRACTICES: Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of either the Member's or Paying Affiliate's or the Users Group's performance of this Agreement is governed by the Minnesota Government Data Practices Act. Minnesota Starnes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and Paying Affiliates and the Users Group agree to abide strictly by these statutes, rules and regulations. -1 d r IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this%/day of ORGANIZATION v� Approved: Bv: / ( Mayor / Char / President ) By: ( C' anagcr / Administrator ) 0% 07/24/2006 14/:44 FAX 6514902150 SEH ST.PAUL [in001 l SEH FAX TRANSMITTAL ❑ Field Office: Date July 24, 2006 From: Stefan T_ Higgins, PE SEH File No.: AGE 4L.K0401.0O Total Pages: 5 (including eover sheet) ❑ URGENT Attention: Fritz Magnuson Cc/Organization: City of Gem Lake Fax No.,• 651-426-6444 Telephone: 651-426-6443 Subject: Ramsey county GIS Users Group Joint Powers A Bement Remarks: Fritz, Not sure if you want to deal with this at the Council tttccting tonight. The City needs to sign the new Joint Powers Agreement, as the old one expired. I have been told there are no changes to the JPA, just that the old one simply expired and needs to be renewed. We are: [I Sending original by mail ® Sending by FAX only [I Sending as requested For your: ❑ Information/Records O Review and comment ❑ Approval ❑ Action ❑ Distribution ❑ Revision and resubmittal If transmission was not received properly, please contact the sender at the phone number below. We request a response from you by: dqx a 1113 Short Elliott "GildrIckson Inc., 3535 Vadneis Canter Drive. St. Paul, MN 55110-5190 SEH is an aqua[ opportunity employer I www.sehinc.com 1 651.490.2000 1 000.325.20s5 1 651.490.2150 fax PIN CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East z _ Gem Lake, MN 55110-5231 Telephone: ( 651 ) 426 - 6443 Email: gemlakecity@aol.com Facsimile: ( 651 ) 426 - 6444 Planning Commission Public Hearing, July 10, 2006 The Gem Lake Planning Commission held a public hearing on proposed changes to Ordinance 58B Monday, July 10, 2006 in the first floor meeting room of Tousley Ford. Planning Commission members Jim Lindner and Derek Wippich were present to hear public comment. Several city residents were present. Mr. Lindner read the formalities and opened the public hearing at TOOPM. He then offered ideas as to where public parkland could be located in Gem Lake and potential uses. He mentioned a bicycle trail could possibly run along utility easements on future land developments inside the city. Gretchen Swomley asked questions regarding easements along the backside of properties which could be a security issue for some residents. Others in the audience agreed with her, but most were comfortable if any proposed trail ran along property frontages. Mayor Emeott commented that 10% of land (or the financial equivalent thereof) is common for cities to require for park dedication. He added that the City of Minneapolis is asking for somewhat more (possibly 14%) but such requirements are rare and may be the subject of legal challenges. Resident Bob Uzpen suggested Gem Lake request the maximum allowed by state statute. As the discussion began to drift off the public hearing topic, Mr. Lindner intervened and asked for any more comment on the topic at hand. Hearing none, he closed the public hearing at 7:45PM. Planning Commission Workshop, July 10, 2006 In the absence of a quorum (Mr. Rafferty out of town, Mrs. Robins unavailable, Mr. Hoeschler resigned) interim chair Lindner convened a workshop at 7:45PM with several members of the community present to discuss various topics important to Gem Lake. Topics included the need for a planned unit development (PUD) and a residential mixed use (RMU) ordinance to help promote development of certain lands in Gem Lake subject to the recent court ruling by Judge Krause. Mayor Emeott distributed a draft of a PUD ordinance to all present and discussed how it would work and how it would enable the City of Gem Lake to work with developers yet maintain a degree of control in exactly how the land is developed. At first glance, most present thought the mayor had made a good effort in getting this process started, though it will take time to get a final product. Through the conversation, it was suggested to Mayor Emeott that he submit a copy of his draft to City Planner Mark Nolan of SEH for review and further development. The possible annexations of several Gem Lake parcels into Vadnais Heights was the driving force for several comments regarding the need to develop Gem Lake, though some present asked why Gem Lake's existing zoning was not sufficient to promote development. Mr. Lindner and Mayor Emeott explained how Judge Krause placed greater expectations upon Gem Lake as a city towards developers than its current zoning and planning have allowed thus far. Community involvement in Gem Lake affairs was also discussed. A city newsletter would help communicate happenings in the city. Others suggested the draft PUD ordinance be circulated for public input (Lindner explained that any ordinance would have to have a dedicated public hearing before the Planning Commission could make a formal recommendation for adoption by the City Council). Through it all, those present said communication was the key for the city to make its residents aware of what is going on with their city. JMr. Lindner reminded all present of two public hearings next week (July 18 and July 20) to gather public comment and input for two proposed development areas of Gem Lake, the extreme southeast corner and the Hansen lands along County Road E. He also stated there is at least one opening, and possibly two, on the Planning Commission and encouraged all present to apply to the City Council if interested. Even the presence of one more member tonight would have allowed a quorum which could have resulted in a formal recommendation to the City Council on the public hearing tonight. In the absence of a quorum, Lindner added, the City Council may possibly take up tonight's action with no Planning Commission input save these minutes. Mayor Emeott added that he would like two alternates be added to the Planning Commission to prevent the absence of a quorum as in tonight's case. There being no more input from the public at tonight's workshop, Lindner adjourned the workshop at 8:35PM. Jim Lindner Planning Commission interim chair 01 j Vadnais Lake Area Water Management Organization 800 East County Road E, Vadnais Heights MN 55127 651-204-6073 REGULAR MEETING INSMl, a n 1i H ;hfEs New Date,Location,. 4f Wed'� ' 9 MEETING AGENDA - 7:00 PM July 26, 2006 1. Call to Order 2. Approval of Agenda 3. Approval of Minutes (June) 4. Report from the Chair - 5. Treasurer's Report to the Board - .July report 6. Projects — updates / possible action A. VLAWMO Joint Powers Agreement — • comments & direction for JPA meeting B. Water Plan — • Draft Water Plan — comment period C. Lambert Lake Project 7. New Business — 8. Old Business A. Letter from the Board of Water Commissioners B. Office update expenses review & file request 9. Commissioner Reports 10. Administration Report intern assistance /laptop 11. Public Comment 12. Adjourn * information in the packet; em — information via e-mail; ** supplement at the meeting Vadnais Lake Area Water Management Organization 4701 Highway 61, White Bear Lake, MN 55110 Telephone 651-429-8522; Fax 651-429-8579; email: office@vlawmo.org Meeting of June 8, 2006 Commissioners Present: Lino Lakes Gem Lake Paul Emeott North Oaks John Youngstrom St. Paul Water Utility Steve Haselmann Vadnais Heights Susan Rani White Bear Lake White Bear Township Paul Peterson The meeting was not called to order as no quorum was present. Also Present: Jim Johnston, North Oaks, Mark Burch, White Bear Lake, Dave Schuler & John Blackstone, SPRWS, Larry Briemhurst, Vadnais Heights, Minutes. April approved as amended. May minutes were accepted. Chair The Chair advised the Board that several members had requested a change in meeting time to evening meetings. Evening meeting might allow more city council members or mayors to attend VLAMWO meetings. A motion was made by John Youngstrom and seconded by Paul Peterson to move the regular meeting of the VLAWMO Board of Commissioners to the fourth Wednesday evening of the month at Vadnais Heights City Hall. All aye. Motion passed. Chair thanked Stephanie for setting up the Quality Wood Treatment tour and arranging for nearby private wells to be tested. Treasurers Report. The report from May was reviewed with Susan Rani moving authorization of payment. Peterson seconded the motion. Motion passed. A motion was also made by Rani and seconded by Peterson to approve the June Treasurers Report. Motion passed unanimously. The draft Audit was distributed with the final to come later this month. The audit showed no new management notes and a stable financial condition. 2007 Budget. The draft budget had been previously distributed and was dicussed. Three changes were approved. Information systems budget was increased from $4000 to $8000 to accommodate the purchase of an Arcview software update and training. The administration budget was increased from $65,000 to $70,000 to move it toward consistency with other metro watershed staffmg costs. Jim Johnston and Dave Schuler volunteered to serve on an ad hoc committee to come up with recommendations for future human resource policy. Stephanie will forward copies of a metro and national study secured last year. Income was reduced under service fees from $5000 to $2500 to reflect what has been taken in so far in 2006. A motion was made by Peterson and seconded by Rani to approve the 2007 Budget as distributed with the above changes for a total of $234,000. Vote: all aye. Motion passed. JPA. Comments have been received from North Oaks. Several communities have requested meeting to be set to further draft the JPA. Stephanie will work with the members to set up a meeting. Steve Haselmann requested copy of JPA with language origin and comments. VLAWMO Meeting — June 8, 2006 Water Plan — Paul Nelson, HDR discussed the draft Water Plan and the next steps in the update process. Lino Lakes had an updated local water plan that VLAWMO had just become aware of and that precipitated some last minute changes in the draft Water Plan. The Board discussed modeling and data analysis and how it should be handled in the Water Plan. Data assessment on Lambert creek and on the lake monitoring program data may desired. 2000 was the last assessment on Lambert —soon have 6 years of data. Or VLAWMO could do modeling on the whole watershed. Blended option- analysis of 5 years. Dave S. found P8 model of the watershed from Dr. Walker. Land use oriented, have to add internal loading for those lake it is applicable to. $40,000 will do option one (HDR). Break it up into several years and the watershed could get to the same place and spread the costs into manageable pieces. However, have the modeling done could give direction monitoring program and allowing VLAWMO to target it's efforts. The Board decided to keep the modeling and data assessment component as a placeholder in the plan and ask for comments from the agencies. Reviewed Table 6-1 the Implementation program. Steve Haselmann asked about increasing our human resources. Paul Nelson said that in his experience in Prior Lake there is a geometric increase in productivity by adding 1, 1.5 or two more staff members. He noted the monitoring program was transferring to VLAWMO and is labor intensive, even if supplemented by volunteers. The equipment could be purchased over time or shared with other agencies. A motion was made by Steve Haselmann and seconded by Susan Rani to approve the draft Water Plan with changes as discussed to table 3.5 and 6.1 and other edits from Board Commissioners to be received by this Friday and to authorize it's release for first 60-day comment period. Vote: all Aye. Motion passed. Lambert. Lake project. Dave Schuler had asked the SPRWS engineering team to come up with alternatives to remedy the overflow problem with the Lambert Lake pond. He updated the Board on the preferred option that will utilize '/2 inch thick fiberglass `sea-wall' to a depth of about 8' and anchored on either end of the NW pond edge. The fiberglass would will be anchored to the steel sheet pile on the west end and into the sand on the east side by the new ditch. There was also discussion of development being proposed for the Momsen property and the two properties to the east. The Board expressed concern over the impact to the Lambert project access and if the proposed new road would be a viable alternative. Willow Lake Road extension. City of Vadnais Heights is requesting an extension of Willow Lake road north of County Road E. The state Wetland bank is being proposed as mitigation for this 0.02 acre impact to a type 3 ditch north of the Perkins parking lot. The board expressed concern over the potential for future' impact if the road is further extended into the main basin of the wetland. The engineer for the City said that it was understood that any future work to the north would need to be part of a master plan that addressed the old fill in the area, drainage, road alignments and connections as well as wetland preservation and restoration. A Motion was made by Emeott and seconded by Peterson to approve this application with encouragement to avoid or minimize the future impacts to wetland and to provide mitigation within the project or as close as possible to the project area. All aye. Motion passed. Office move. Staff reviewed anticipated expenses associated with moving the office to Vadnais Heights. The board indicated the expenses were acceptable with some of the expenses to be charged to the office, information systems, miscellaneous line items or to be taken from reserves. The board further directed that the requested moving assistance at $10/hr. for up to 30 hours be secured. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS MUNICIPAL BOUNDARY ADJUSTMENTS UNIT 658 Cedar Street, Room 300. St. Paul, Minnesota 55155 Telephone (651) 284-3383 Fax (651) 284-3545 TTY 800-627-3529 July 20, 2006 Richard F. Rosow Gregerson, Rosow, Johnson & Nilan, Ltd. 1600 Park Building 650 Third Avenue, South Minneapolis, MN 55402-4337 Re: Petition for Concurrent Detachment and Annexation (Hillary Farm Addition) Dear Mr. Rosow: Enclosed please find the letter dated July 13, 2006, check no. 34978, the petition for concurrent detachment/annexation, and the plat maps in the above -referenced matter. These documents are being returned because the subject property does not meet the statutory requirements of Minn. Stat. 414.061 Subd. 5. That subdivision authorizes property owner petitions for detachment of land from one city and the annexation of the same land to an "adjacent" city. In the context of this section of the statute, we understand that the term "adjacent" to mean adjoining or abutting. The area proposed for detachment must abut the City of Vadnais Heights. Because this provision allows for detachment concurrent with annexation, the property must also satisfy the abutment requirements of an annexation. To interpret this section of the statute as requiring anything less than abutment would create an inconsistency with the abutment requirement in Minn. Stat. 414.061 Subd. 1, which allows cities by joint resolution to proceed with the concurrent detachment and annexation of an area that abuts their common border. If you have any questions, please contact this office. Sinc ely,0 (L- ttoa c 111 5+ � '. V� . �L.a Il 1La Christine M. Scotillo Executive Director Municipal Boundary Adjustments Enclosures CMS�ry c: +rederic Magnuson, Gem Lake City Administrator Gerald Urban, Vadnais Heights City Administrator Z THE ZeVAN CORPORATION CONSULTANCY AND REPRESENTATION Page 1 of 3 Z THE ZeVAN CORPORATION CONSULTANCY AND REPRESENTATION Belle/Millennium, Incorporated Associate locations: Lionowl Films Minneapolis Detroit Vanbar Productions Burbank Cannes BNZ International Sales London Copenhagen LETTER OF AGREEMENT — PUBLIC RELATIONS CONSULTANCY CITY OF GEM LAKES MN Date: July 28, 2006 WHEREAS, The ZeVan Corporation, Box 27447, Minneapolis, MN 55427, (hereinafter identified as ZC) and the City of Gem Lake, MN, 1369 County Road "E" East. Gem Lake, MN 55110-5231 (hereinafter identified as GL), hereby enter into an agreement effective August 1, 2006, and for a period of no less than two months thereafter, with options to renew addressed no later than two weeks prior to the initial conclusion date of September 30, 2006, as follows, and to wit: 1. GL shall retain the services of ZC to act as GL's Public Relations arm and counsel to maximize GL's communications to, and relationship with, multi- media in regard to any subject about which it shall advise ZC to compose, communicate and publicize. 2. GL shall provide ZC with all pertinent verbal and printed information necessary, and as needed and/or requested by ZC, in order for ZC to perform its duties correctly and efficiently. This information may be shared via Internet, in person or via telephone communication_ 3. ZC shall never release any information to the media about any subject pertinent to this agreement without the complete consent of GL and those involved with this agreement, whose signatures affixed constitute the working group for ZC's activities on behalf of GL. J 4. ZC shall strictly follow the dictates and wishes of GL for all activity ZC http: //mail.nexengroup. com:168 81gwlwebaccler8rl7 WgfpkcineMu4lGWAPIAREF/2?actio... 7/31 /2006 Z THE ZeVAN CORPORATION CONSULTANCY AND REPRESENTATION Page 2 of 3 addresses or activates, issuing information in only the most positive and truthful manner and light, including approval by GL of outlets for information i to be given. 5. ZC shall communicate daily (weekends if necessary) with GL principals (signatories below) about all activity each day, and, within reason, be available to meet in person, if necessary, on an as -needed (by GL) basis. (continued on page two) MEDIA AND PUBLIC RELATIONS TELEVISION PROJECT DEVELOPMENT AND PRODUCTION Box 27447, Minneapolis, MN 55427 763-544-9262 FAX 763-546-8954 LOA -CI�'Y OF GEM LAKE PUBLIC�ELATIONS eMAIL: BNZ1@aol.com Page two of two 6. GL understands and accepts the fact there are no guarantees for media placement, but that every effort will be made by ZC to ensure maximum placement and the highest possible visibility for the awareness messages GL wishes to convey to the public and other municipalities or entities. 7. ZC's activity shall commence August 1, 2006, upon receipt of previously agreed retainer fee of $5,000.00 (Five -Thousand dollars) per month, paid in advance and in person via check to The ZeVan Corporation. A subsequent payment of $5,000 (Five -Thousand dollars), shall be paid to ZC Friday, September 1, 2006, in person, to satisfy payment for activity for September, 2006. There shall be no maximum nor minimum number of hours stipulated for work done by ZC, since activity shall be dictated by GL's needs. ZC agrees, however, that all activity in which engaged on behalf of GL shall be verifiable, and will be reported to GL on a daily basis (Monday through Friday, but with weekends not excluded if activity so dictates), via email to the principals undersigned. 8. The signatures below affixed identify this agreement as the entire letter of agreement and is legally binding, non-negotiable, non-competitive, non-circumventable and complete. Any amendments or changes thereto must be unanimously agreed upon in writing by the parties whose signatures are below -affixed in order to become binding amendments or changes thereto. http://mail.nexengroup.com:1688/gw/webacc/er8rl7WgfpkeineMu4lGWAPIAREF/2?actio... 7/31 /2006 9. This document is GL's/ZC's original agreement. Agreed to by: Date: Date: Mr. Barry ZeVan, CEO/President Mr. Paul Emcott, Mayor The ZeVan Corporation City of Gem Lake, MN Date: Mr. Hugh K. Schilling, Jr. Gem Lake, N, City Council 4 Date: Mr. Mark Sweet Economic Development Advisor City of Gem Lake, MN BNZ:b Cc: File http://mail.nexengroup.com:1688/gw/webacc/er8rl7WgfpkcineMu4lGWAP/AREF/2?actio... 7/31/2006 Claims For Payment CITY OF GEM LAKE Period Ending 07/31/2006 Paul Emeott, Mayor Chuck Watson, Council Hutch Schilling, Council Richard Bosak, Council Tom Rasmussen, Council< Frederic Magnuson, Clerk roving Claims For Pavment Date Of Approval („y DATE 7 / DATE DATE 7 - -� DATE 1311 �ts DATE �} DATE � 1��1Ob C AIM# DATE PAID I PAID TO DESCRIPTION OF CLAIM I S AMOUNT I GENERAL FUND I SEWER FUND SP 2118 26-Jun-2006 Postmaster 2 Rolls of_100 .39 Stamps for Sewer Mailings 78.00 _ 78.00 SP 2119 24-Jul-2006 MetropolitanCouncil CuurentU_serCharges: August 2006 1,038.47 1,038.47 SP 2120 24-J_ul-2006 Gopher Stale One -Call 18 tix @ $1.45/ea 26.10 26.10 GP 6867 24-Jul-2006 CINDY SHILTS TOTAL CLAIM 1,237.50 GP 6867 24-Jul-2006 Cindy Shilts Permit Closure_#P2006-04 243.75 GP 6867 24-Jul-2006 Cindy Shilts Permit Closure #SC2006-02 187.50 GP 6867 24-1ul-2006 Cindy Shilts Permit Closure #SC2006-03 ! 187.50 GP 6867 ' 24-Jul-2006 Cindy Shilts Permit Closure #SC2006-04 187.50 GP 6867 24-Jul-2006 Cindy Shilts Permit Closure #SC2006-05 ' 187.50' r GP 6867 24-Jul-2006 Cindy Shilts Permit Closure #P2005-07 1 243.75 GP 6868 24-Jul-2006 Patrick J. Igo Animal Control: Hillary Farm Estate House 1 150.00 150.00 GP 6869 24-Jul-2006 CITY_ OF WHITE BEAR LAKE TOTAL CLAIM 1,26433 GP 6869 24-Jul-2006 City of White Bear Lake Fire & Paramedic: July 2006 942.33 GP 6869 24-Jul-2006 City of White Bear Lake Fire Marshall & Inspection_s: July 2006 322.00 I GP 6970, 24-Jul-2006 Waste Management Curbside Recycling: July 2006 31400 314.00 GP 6871 24-Jul-2006 Xcel Energy Street Lighting: June 2006 73.19 73.19 GP 6872 24-Jul-2006 MESLOW & OLSON, PLLC TOTAL CLAIM _ 164.05 GP 6872 24-Jul-2006 M_eslow & Olson, PLLC TeIConWBhrlReTubridyMrAndA/DReTuhridy 73.50 GP 6872 24-Jul-2006 Meslow & Olson, PLLC Pretrial: DanielIcLarson; Copies 9055 GP 6873 24-Jul-2006 RAMSEY COUNTY TOTAL CLAIM 5.765.29 GP 6873 24-Jul-2006 Ramsey County Law Enforcement: July 2006 5,533 58 GP 6873 24-Jul-2006 Ramsey County 911 Dispatch Services 6/l/2006-6/30/2006 231.71 GP 6874 24-Jul-2006 PRESS PUBLICATIONS TOTAL CLAIM 102.00 GP 6874 24-Jul-2006 1 Press Publications LegTrans#354342: Change of Meeting 6/5 25 50' GP 6874 24-Jul-2006 Press Publications LegTrans#356224: Public Hearing 7/10/2006 51.00 GP 6874 24-Jul-2006 Press Publications LegTrans#356225: Notice of Change -of Meeting 25 50'i GP 6875 24-Jul-2006 INTERNAL REVENUE SERVICE TOTAL CLAIM 441.24 GP 6875 24-Jul-2006 Internal Revenue Service 2nd Qtr 2006 Employee SS Payment 1 178.79 GP 6875 ! 24-Jul-2006 Internal Revenue Service 2nd Qtr 2006: City SS Payment 17879 GP 6875 24-Jul-2006 Internal Revenue Service 2nd Qtr 2006: Employee Medicare Payment 41 83 GP 6875 24-Jul-2006 Internal Revenue Service 2nd Qtr 2006: City Medicare Payment 41 83 1. GP 6876 24-Jul-2006 DEPARTMENT OF LABOR AND INDUSI TOTAL CLAIM 558.79 GP 6876 24-Jul-2006 1 Department of Labor and Industry 2nd Qtr 2006: Building Permits (FixedFcest$I,Q10) 1.00 GP 6876 24-Jul-2006 Department of Labor and Industry 2nd Qtr 2006: Building Permits (FixedFees>$ 1,6 10) 569 GP 6876 24-Jul-2006 : Department of Labor and Industry 2nd Qtr 2006: Building Permits (Per Valuation) 574 10 GP 6876 24-Jul-2006 Department of Labor and Industry 2nd Qtr 2006: Plumbing Permits 1 2.00 GP 6876 24-Jul-2006 Department of Labor and Industry 2nd Qtr-2006: Mechanical Permits 1.00 GP 6876 24-Jul-2006 Department of Labor and Industry i 2nd Qtr 2006: Permit Retention I (25.00) GP 6877 24-Jul-2006 ALLEN 0. ZEPPER TOTAL CLAIM 8.832.01 GP 6877 24-Jul-2006 Allen 0. Zepper Permit Closure #132005-08 1.335.26 GP 6877 24-Jul-2006 Allen 0. Zepper Permit Closure 4132005-02 4,009.01 GP 6877 24-Jul-2006 Allen 0. Zepper Permit Closure #P2005-09 258.00 GP 6877 24-Jul-2006 Allen 0. Zepper Permit Closure #M2005-12 225.00 A GP 6877 24-Jul-2006 Allen O. Zepper Plan Review for#B2006-06 _ _ 157.64 GP 6877 24-Jul-2006 Allen 0. Zepper Plan Review for#B2006-05 2,847.10 GP 6878 24-Jul-2006 SEH, INC. TOTAL CLAIM 5,535.15 Run: 07/31/2006 at 03:39:19 PM Page 1 of File: 06claim07.123 Claims For Payment CITY OF GEM LAKE Period Ending 07/31/2006 Paul Emeott, Mayor Chuck Watson, Council Hutch Schilling, Council Richard Bosak, Council Tom Rasmussen, Council Frederic Magnuson, Clerk Signatures Approving Claimti For Payment Date Of Approval DATE DATE DATE DATE DATE DATE DATE GENERAL SEWER CLAIM# PAID PAID TO DESCRIPTION OF CLAIM $ AMOUNT FUND FUND GP 6878 24-Jul-2006 SE_N.Inc. GP 6878 24-Jul-2_00_6 SEH, Inc. GP 6878: 24-Jul-2006 SEH, Inc. GP 6878' 24-Jul-2006 SEH, Inc. GP 6878 24-Jul-2006 _ rSEH, Inc. GP 6878 24-Jul-2006 j SEH, Inc. GP 6879 24-J_ul-2_006 ji Leonard,O'B_rien,Spencer,Gale&Sayre GP 6880, 24-Jul-2006 ' SYMBIANT TECHNOLOGIES, INC. GP 6880 24-Jul-2006 Symbiant Technologies, Inc. - - GP 6880 24-Jul-2006 Symbiant Technologies, Inc. GP 6880 24-Jul-2006 Symbiant Technologies, Inc. GP 6880 24-Jul-2006 Symbiant Technologies, Inc. GP 6881 24-Jul-2006 MAGNUSON & ASSOCIATES, LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 GP 6881 24-Jul-2006 24-Jul-2006 Mauson & Associates. LLC gn Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6881 24-Jul-2006 Magnuson & Associates. LLC GP 6882 31-Jul-2006 The ZeVan Corporation GP 6883 31-Jul-2006 PAUL R. EMEOTT _ GI' 6883 31-Jul-2006 Paul R. Emeott _ GP 6883 I_ 31-Jul-2006 Paul R. Emeott _ GP 6883 31-Jul-2006 Paul R. Emeott GP 6883 I 31-Jul-2006 Paul R Emwtt GP 6884 31-Jul-2006 Ryan Green _ ALL 07/31/2006 i JULY SUMMARY 8.33% Of Budget Monthly ALL 07/31/20061 YEAR-TO-DATE SUMMARY i 58.33% Of Year Completed ALL 07/31/2006 VERSUS ANNUAL BUDGET 58.33% Of Year Completed CityEngSvc: Miscellaneous Extra Service PIP 2006-02 Water Feasibility PIP 2006-01 Road Feasibilty _ PIP 2006-01 Road Feasibilty_ PIP 2006-03 Bus Sew/Wat Feasibility Update/PrepCompPlan;LandUsePln;MtgFaci l; Dormtn MunicMtrs:Ord43H.P_ lanComm;AmendmtSubd iv TOTAL CLAIM - Network Services: 6/26/2006 t Network Services: 6/27/2006 Network Services: 6/28/2006 Fix Workstation: 6/15/2006 TOTAL CLAIM Telephone&FacsimileServicc: Jun/Ju106 OlTiceSupplies.Copying&Postage: Jun/Ju106 Mileagc(126 © $0.445yJun/Ju106 I ntemctAccess-(50%):Jun/Ju106 GeneralAdministration:Jun/Jul-43.6 hours Bi I IableAdmi n istration:Jun/Jul-OO.Oours SewerAdministration:Jun/Jul-02.9 hours _ CapitalProjectAdministmtion:Jun/Jul-07.1 hours ElectionAdministration:Jun/Jul-04,40 hours AsstClerkGeneral:Jun/Jul-14.50 hours AsstClerkSewer:Jun/Jul-02.50 hours Public Relations Services for the City of Gem LW _ TOTAL CLAIM Intergover mentalMts: 3 x $20 SewerAdmin: Sewer Locating: 1.5hrs x $78 _ Plan Review Commission: 2hrs x $78 (1140 GL ) Material/Office Supply Reimbursement Website Development 534.50 853 18 1% 522 00 ^-j 1,744.46 _1650 1,86451 3,011.25 3_011.25 825.00 150.00 150.00 225.00 300.00 5,893.24 112.93 205.49 i 56.07 12.95 _ 3,400.0 -- 0.00 226.20 553.80 220.00 942.50. 162.50 5,000.001 52000.00 394.88 60.00 117.00 156.00 1,200.001 TOTAL FOR JULY $41,904.49 %Annual Budget 11.43% TOTAL YEAR-TO-DATE $321,587.63 %Annual Budget 87.69% Annual Budget $Under/($Over) ($107,652.46 Annual Budget %Under/-%Over -29.35% 61.88 1,200.00 - i 140,761.921, $1,142.57 11.11%i 0.31% $308,787.16 $12,800.47 97.47%! 25.63% ($123,989.49) $16,337.03 -39.14% I 32.71 % Run: 07/31/2006 at 03:39:23 PM Page 2 of 2 File: 06claim07.123 GENERAL FUND CHECKING 2006 CITY OF GEM LAKE TREASURER'S REPORT GENERAL FUND C H Ol/Ol/2005 START 124195.16 73120.25 128427.31 17 OF GEM LAKE -283904.04 334978.95 51074.91 minty Road "E" East CHECKONG K 128,968.41 DEBTT CREDTT 124195.16 BALANCE Gem Lake, MN 55110 5231 I N BANK BALANCE RAN TRAN CHECKSTO DEPOSITS FROM PAYMENT FOR DATE # RAMSEY COUNTY TOTAL CLAIM 6 6 ,178.42 gOg,00 41M7.73 4164.73 42,.81 563 42,63.81 28-Jun-06 P6854 27-Jun-06 PM55 PRESS PUBLICATIONS Jiffi Print MESLOW dt OLSON. PLLC REED BUSINESS INFORMATION TOTAL CLA IM Color ' and Collating Ord No 43 TOTAL CLAIM TOTAL CLAIM 6 6 6 (1,049.03 355.40 407.04 40.4 40,598.70 40,243.30 39,836.26 39,795.79 41,514.78 41,514.78 41,107.74 41067.27 26-Jun-06 P6856 19-Jun-06 P6857 29-Jun-06 P6858 27-Jun-06 P6859 White Bear Floral S Flower Arrar1 enl For Robins --- 6 30.00 39,765.79 41,067.27 19-Jun-06 P6860 Domain R of Amreica Domain Name Renewal (1 Year 6 314.00 39 451.79 40,680.82 29-Jun-06 P6861 Waste cnt Curbside Recycling' June 2006 6 6 (72.45 12,230. 39,379.34 27,148.47 40,680.82 28,449.95 26-Jun-06 P6862 Xccl E Street Li tin M 2006 28-Jun-06 P6863 SEH, INC. ALLEN O. ZEPPER MAGNUSON & ASSOCIATES, LLC PAUL R. EMEOTT Sate of Minnesota ( Wire Transfer)Traffic JEFFREY ISAACSON 's Utilities, Inc. TOTAL CLAIM TOTAL CLAIM TOTAL CLAIM TOTAL CLAIM Fines: 2006 TOTAL PAYMENT Sewer Conversion Permit #SC2006-04 6 6 6 6 6 86523 (3,471.77 (3 471.77 163.50 496.33 0.00 500.00 50 26,283.24 13,033.01 13,033.01 13,196.51 13,692.94 1,42.84 14,442.84 27,594.72 17,806.26 17 806.26 17,969.76 18.466.09 1,16.09 19,216.09 28-Jun-06 P6864 28-Jun-06 P6865 19-Jun-06 P6866 08-Jun-06 1 19-Jun-06 1 19-Jun-06 2 19-Jun-06 3 CAPRA'S UTQ 1 IiBS, INC. ROSEWOOD PORTFOLIO TOTAL PAYMENT TOTAL PAYMENT 6 6 6 1,211.98 10.00 15,654.82 15,664.82 20,428.07 20,438.07 19-Jun-06 4 19-Jun-06 5 Larkin Hoffman Dal & Lindgren Document Sales: Ordinanace No. 43lElechonic 108,000 123,664.82 128,438.07 21-Jun-06 1 (W ucThmsfer) Current Taxes 6 6 250.00 123,914.82 128,688.07 29-Jun-06 1 's Utilities, Inc. Sewer Conversion Permit #SC2006-05 6 10.00 123,9 44.82 128,698.07 29-Jun-06 2 Larkin Hoffman & Li Document Sales: Ordinanace No. 43/Electronic 270.34 124,195.16 128,968.41 30-Jun-06 1 Premier Bank Interest Paid This Period 6 j Run Date: 07/13/2006 at 03:09:58 PM E-File: CheckinglGenFund06.123 Page 1 of 1 Premier ;-aND .. Bank LCNDER �i•Iirzriesotn Ozvr�ecl. Nlirzriesota Operated. r.ter4tsea Foic CITY OF GEM LAKE GM2E UAL FUND 1369 COUNTY ROAD E E GEM LAKE MN 55110-5231 Page: 1 Account Number: 6005590 Statement Date: 6/30/06 Checks/Items Enclosed: 17 86 Now offering Health Savings Accounts Contact your branch office for more infromation PP0F R D ELITE CITY OF GEM LASE Acct. 6005590 GENIE2AL FUND Beginning Balance 6/01/06 52,221.86 Deposits / Misc Credits 5 111,162.15 Withdrawals / Misc Debits 15 34,415.60 ** Ending Balance 6/30/06 128,968.41 ** Service Charge .00 Interest Paid Thru 6/30/06 270.34 Interest Paid Year To Date 1,888.01 Annual Percentage Yield Earned 3.92 Number of Days for A.P.Y.E. 30 Average Balance for A.P.Y.E. 85,430.97 Average Collected Balance 85,431 Minimum Balance 52,221 Enclosures 17 114]:scellaneoL's L'rr�' is Date Deposits Withdrawals Activity Description 6/08 163.50 MN STATE FINANCE/ACH PYMT GEM LAKE CITY OF 6/19 2,468.31 DEPOSIT 6/21 108,000.00 WIRE IN 6/29 260.00 DEPOSIT 6/30 270.34 Interest Earned SEE REVERSE SIDE FOR ADDITIONAL INFORMATION CITY OF GEM LAKE Account Number: Statement Date: Page: 2 6005590 6/30/06 Paid Checks * indicates skip in check numbers Date Check No. Amount Date Check No. Amount Date Check No. Amount o�ai —oo4"Y----- -- 1;26�-3"�--6f�o ----vSci��•—_--�,i'8.42---$ 2S - -Sovi*---- CO-- 6/23 6847* 190.24 6/27 6855 408.00 6/26 6862 72.45 6/21 6850* 190.24 6/26 6856 1,049.03 6/28 6863 12,230.87 6/20 6851 713.41 6/29 6858* 407.04 6/28 6864 865.23 6/26 6852 713.41 6/27 6859 40.47 6/28 6865 9,778.46 Daily Balance Summary Date Balance Date Balance Date Balance 6/08 52,385.36 6/23 161,759.78 6/28 129,159.11 6/19 54,853.67 6/26 159,924.89 6/29 128,698.07 6/20 54,140.26 6/27 158,212.09 6/30 128,968.41 Iz/21 161,950.02 SEWER FUND CHECKING 2006 CITY OF GEM LAKE TREASURER'S REPORT F GEM LAKE OF O AK SEWER C H 05 Jan START 42,968.82 Road East oun "E FUND CHECKING K 23847.84 -35126.57 17043.64 52170.21 Gem L5231 I BANK 23846.84 PAYMENT FOR TRAM TRAN CHECKS TO DEPOSITS FROM N DEBIT CREDIT BALANCE BALANCE DATE # 27-Jtm-06 SP2115 M titan Council Current User t:har8es: July 2006 6 -1038.47 23523.47 23524.47 29-Jun-06 SP2116 gopher State One -Call 14 tix $1.45/ca 6 -20.30 23503.17 22616.17 23504.17 22617.17 28-Jun-06 SP2117 SEK Inc. Sawa Maintenance Protocol 6 887.00 22538.17 22539.17 28-Jun-06 SP2118 Postmaster 2 Rolls of 100 .39 Stamps for Sewer Mailings 6 -78.00 280.15 22818.32 22819.32 19-Jun-06 1 JOSEPH CHERRIER TOTAL PAYMENT 6 6 130.00 22948.32 22949.32 19-Jun-06 21 POD'S Tire & Wheel 1st Qtr 2006 Sower Fees/Comnte ial 894.50 23842.82 23843.82 29-Jun-06 1 I TRICE SHOP TOTAL PAYMENT 6 4.02 23846.84 23847.84 30-Jun-06 1 Premier Back Interest Paid This Period 6 J Run Date: 07/13/2006 at 03:15:40 PM ]-File: Checldng2SewerFund06.123 Page 1 Premier VA. ak- Bank Minnesota Owned. Minnesota Operated. CITY OF GEM LAKE SEWER FUND 1369 COUNTY ROAD E E GEM LAKE MN 55110-5231 Page: 1 Account Number: 6005582 Statement Date: 6/30/06 Checks/Items Enclosed: 6 86 NOW OFFERING Health Savings Accounts & Remote Deposit Capture NON PROFIT PREMIER PLUS CITY OF GEM LAKE Acct 6005582 SEWER FUND EDE NM LENDER MEMBER FDIC Beginning Balance 6/01/06 24,562.94 Deposits / Misc Credits 3 1,308.67 Withdrawals / Misc Debits 4 2,023.77 ** Ending Balance 6/30/06 23,847.84 ** Service Charge .00 Interest Paid Thru 6/30/06 4.02 Interest Paid Year To Date 29.69 Annual Percentage Yield Earned .20 Number of Days for A.P.Y.E. 30 Average Balance for A.P.Y.E. 24,463.34 Average Collected Balance 24,463 Minimum Balance 22,969 Enclosures 6 Miscellaneous Credits Date Deposits Withdrawals Activity Description 6/19 410.15 DEPOSIT 6/29 894.50 DEPOSIT 6/30 4.02 Interest Earned Paid Checks * indicates skip in check numbers Date Check No. Amount Date Check No. Amount Date Check No. Amount 6/27 2115 1,038.47 6/28 2117 887.00 6/28 2118 78.00 6/29 2116 -_ 20.30 SEE REVERSE SIDE FOR ADDITIONAL INFORMATION CITY OF GEM LAIKE Daily Balance Summary Date Balance Date 6- 19 6/27 23,934.62 -6/29 NJ Account Number: Statement Date: Balance 22 , 969.62 -- 23,843.82 Page: 2 6005582 6/30/06 Balance Zs,8"ni.e,c- CAPITAL PROJECTS FUND CHECKING 2006 CITY OF GEM LAKE TREASURER'S REPORT �Y GEM LAKE 2004 - 2006 BONDS OF CAPITAL PROJECT FUND 7COF Road "E" East Gem I.akk MN 55110-5231 CHECKING N6103844 TRAN CHEC19 CHECKS TO DATE k DEPOSITS FROM PAYMENT FOR 1 J Rim Date: 07/13/2006 at 03:16:12 PM E-File: Checidng3projecl06.123 C PREMIER BANK WBL g 03-Nov-04 START 0.00 K 5000.00 -755287.57 760287.57 545857.85 1 5000.00 BANK N DEBIT CREDIT BALANCE BALANCE 5,000.00 5,000.00 Page 1 Premier Bank Mbmesota Owaied. Nlimiesoto Operated. Page: 1 CITY OF GEM LAKE CAPITAL PROJECTS FUND Account Number: 6103844 1369 COUNTY ROAD E E Statement Date: 6/30/06 GEM LAKE MN 55110-5231 Checks/Items Enclosed: 0 86 NOW OFFERING Health Savings Accounts 6 Remote Deposit Capture NON PROFIT PREMIER PLUS CITY OF GEM LAKE CAPITAL PROJECTS FEZW Beginning Balance 6/01/06 Deposits / Misc Credits 0 Withdrawals / Misc Debits 0 ** Ending Balance 6/30/06 Service Charge Average Balance Average Collected Balance Minimum Balance Acct 6103844 5,000.00 .00 .00 5,000.00 ** .00 5,000 5,000 5,000 LTt 10EF2 PJERiSER FDIC SEE REVERSE SIDE FOR ADDITIONAL INFORMATION DEBIT FUND CHECKING 2006 CITY OF GEM LAKE TREASUREWS REPORT GEM LAKE 2006 BONDS FROM PIP200"l C 7OF County Road "E" East DEBT SERVICE H K Ol Jan-05 START 0.00 79413.00 26868.85 79262.24 (Gem bake, MN 55110 5231 _ CHECIONG #6103780 -27019.611 79262.24 BANK TRAN TRAN CHECKS TO DEPOSITS FROM 1 PAYMENT FOR I N DEBIT CREDTT BALANCE BALANCE DATE # 79262.24 79262.24 J m Run Date: 07/17/2006 at 10:35:40 AM E-File: Checlang4Bonds06.123 Page 1 Premier Bank Minnesota Owned. Minnesota Operated. CITY OF GEM LAKE SERVICE 2004 DEBIT FUND Account Number: 1369 COUNTY ROAD E E Statement Date: GENT LAKE MN 55110-5231 Checks/Items Enclosed: NOW OFFERING Health Savings Accounts & Remote Deposit, Capture NON PROFIT PREMIER PLUS CITY OF GEM LAKE SERVICE 2004 DEBIT FUND Beginning Balance 6/01/06 Deposits / Misc Credits 0 Withdrawals / Misc Debits 0 ** Ending Balance 6/30/06 Service Charge Average Balance Average Collected Balance Minimum Balance WA Page: 1 6103780 6/30/06 0 Acct 6103780 79,262.24 .00 .00 79,262.24 ** .00 79,262 79,262 79,262 86 l 1 6' ENEFZ i:4E:7BER FDIC SEE REVERSE SIDE FOR ADDITIONAL INFORMATION III Telephone: ( 651 ) 426 - 6443 Mobile: (612) 812 — 6139 i�Liarfsrss�o�s e* a�d CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East Gem Lake, MN 55110-5231 PUBLIC NOTICE NO.2006-24 DATE: 26 July 2006 FROM: Fritz Magnuson, City Clerk TO: Press Publications, Legal Publications @ legais@sherbtel.net RE: Legal Notice To Be Published To Whom It May Concern, r Facsimile: ( 651 ) 426 — 6444 Email: GemLakeCity@aol.com The following Legal (Public) Notice is to be published in the Legal Notices Section of the 02 August 2006 edition of the White Bear Press. Please confirm receipt and verify content is in acceptable form for use. CITY OF GEM LAKE NOTICE OF PUBLIC ELECTION In accordance with State Statutes §204D.03 and §204C.05, the City of Gem Lake will hold a municipal election on Tuesday, 07 November 2004, between the hours of 7:00 am and 8:00 pm in the showroom of Tousley Ford located at 1493 East County Road "E" in the City of Gem Lake for the purpose of electing the following City officials: OFFICE TERM INCUMBENT Mayor 2 Year Term Emeott City Council 4 Year Term Watson City Council 4 Year Term Bosak Candidates for any of the above offices must file an Affidavit Of Candidacy accompanied by a Two ($2.00) Dollar filing fee with the City Clerk during the two week period commencing 29 August 2006 and ending at 5:00 pm on 12 September 2006. Candidates may withdraw applications prior to 5:00 pm on 14 September 2006. Affidavits Of Candidacy may be obtained from the City Of Gem Lake by contacting: Frederic C. Magnuson, City Clerk Telephone: 651-426-6443 1369 County Road "E" East Gem Lake, MN 55110-5231 Public Accuracy Testing of the Gem Lake electronic voting system will be conducted at 1:00PM on Friday, 08 September 2006 for the State Primary Election and at 1:00PM on Friday, 03 November 2006 for the State General Election at the Ramsey County Elections Office located at 50 West Kellogg Boulevard, Suite 722, St. Paul, MN 55102. Dated: 02 August 2006 ss / F.C. Magnuson, City Clerk J Telephone: ( 651) 426 - 6443 Mobile: ( 612) 812 — 6139 iiLlsur�ari alf a�d CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East i� Gem Lake, MN 55110-5231 ISMffWA o�l,`/064W PUBLIC NOTICE NO.2006-25 DATE: 26 July 2006 FROM: Fritz Magnuson, City Clerk TO: Press Publications, Legal Publications @ legals ,sherbtel.net RE: Legal Notice To Be Published To Whom It May Concern, Facsimile: ( 651 ) 426 — 6444 Email: GemLakeCity@aol.com —s4a!s 6"aw, The following Legal (Public) Notice is to be published in the Legal Notices Section of the 02 August 2006 edition of the White Bear Press. Please confirm receipt and verify content is in acceptable form for use. CITY OF GEM LAKE PUBLIC NOTICE NO.2006-25 NOTICE OF CHANGE OF REGULAR MEETING The Gem Lake City Council will hold a Workshop at TOOPM on Monday, 14 August 2006, in the first floor meeting room of Tousley Ford in the City of Gem Lake. The regular meetings schedule of the City of Gem Lake is hereby duly noticed and amended as follows: First Monday Monthly City Council Workshop First Tuesday Monthly Planning Commission Meeting Third Monday Monthly City Council Meeting If any regularly scheduled meeting falls on a holiday, it shall be rescheduled to the next business day at the same time and location unless otherwise duly noticed. This will affect the September Workshop as the date falls on a Federal holiday which will require convening the workshop jointly with the Planning Commission on 05 September 2006 at TOOPM. For further information, contact: Frederic C. Magnuson, City Clerk Telephone: 651-426-6443 1369 County Road "E" East Gem Lake, MN 55110-5231 Dated: 02 August 2006 ss / F.C. Magnuson, City Clerk CITY OF GEM LAKE Office of the City Clerk L - 1369 County Road "E" East a_ - Gem Lake, MN 55110-5231 Telephone: (651) 426 - 6443 Mobile: (612 ) 812 — 6139 64 agvx A Aw PUBLIC NOTICE NO.2006-26 DATE: 26 July 2006 FROM: Fritz Magnuson, City Clerk TO: Press Publications, Legal Publications @ IeQals(@sherbte1.net RE: Legal Notice To Be Published To Whom It May Concern, Facsimile: ( 651 ) 426 — 6444 Email: GemLakeCity@aol.com .Q*44 6-A7 "%"141� The following Legal (Public) Notice is to be published in the Legal Notices Section of the 02 August 2006 edition of the White Bear Press. Please confirm receipt and verify content is in acceptable form for use. CITY OF GEM LAKE PUBLIC NOTICE NO.2006-26 NOTICE OF CHANGES TO ZONING ORDINANCE By means of City Council Resolution No. 2006-20, the City Council of the City of Gem Lake adopted amendments to the Zoning Ordinance of the City of Gem Lake which shall be in the future identified as Ordinance No. 431-1, said Ordinance to be effective the date of this publication. A complete copy of Ordinance No. 43H which includes all amendments through 05 June 2006 may be obtained from the City Clerk in electronic or published format and will also be placed for viewing at the Ramsey County Library, White Bear Lake branch on 02 August 2006. For further information, contact: Frederic C. Magnuson, City Clerk Telephone: 651-426-6443 1369 County Road "E" East Gem Lake, MN 55110-5231 Dated: 02 August 2006 ss / F.C. Magnuson, City Clerk cz— vit Aa' me.4r" Telephone: ( 651) 426 - 6443 Mobile: ( 612) 812 — 6139 40/f14i�l cry a�d CITY OF GEM LAKE Office of the City Clerk 1369 County Road "E" East Gem Lake, MN 55110-5231 PUBLIC NOTICE NO.2006-27 DATE: 26 July 2006 FROM: Fritz Magnuson, City Clerk TO: Press Publications, Legal Publications @ lepals(@sherbtel.net RE: Legal Notice To Be Published To Whom It May Concern, Facsimile: (651) 426 — 6444 Email: GemLakeCity@aol.com The following Legal (Public) Notice is to be published in the Legal Notices Section of the 02 August 2006 edition of the White Bear Press. Please confirm receipt and verify content is in acceptable form for use. CITY OF GEM LAKE PUBLIC NOTICE NO.2006-27 NOTICE OF CHANGES TO SUBDIVISION ORDINANCE By means of City Council Resolution No. 2006-22, the City Council of the City of Gem Lake adopted amendments to the Subdivision Ordinance of the City of Gem Lake which shall be in the future identified as Ordinance No. 58C, said Ordinance to be effective the date of this publication. A complete copy of Ordinance No. 58C which includes all amendments through 05 June 2006 may be obtained from the City Clerk in electronic or published format and will also be placed for viewing at the Ramsey County Library, White Bear Lake branch on 02 August 2006. The amendment includes the addition of Section 5.4 adding provisions for park land dedication as follows: Section 5.4 Park Land Dedication Requirements 5.4.1 As a pre -requisite to plat or Planned Unit Development approval, all developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City of Gem Lake's park fund as provided by this section of this Ordinance. The form of the contribution, cash or land (or any combination), shall be as determined by the City Council in an amount equal to ten (10.0%) percent of the total acreage in the development or ten (10.0%) percent of the pre -development land value 5.4.2 Subdivision of land which has been previously platted and officially recorded and which contains less than one (1) acre shall be exempt from dedication requirements. 5.4.3 Land to be dedicated for parks, playgrounds and public open spaces shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. The City Council, at it's discretion, may reject proffered land and mandate monetary contribution. 5.4.4 The Gem Lake Planning Commission shall review all park land dedication proposals including the location of land and the amount of land to be conveyed or dedicated within a proposed development or subdivision. Upon review, the Gent Lake Planning Commission shall recommend the land dedication and cash contribution requirements for proposed developments or subdivisions to the City Council. The exact amount of land or cash considerations to be dedicated shall be established by resolution of the City Council. 5.4.5 Land areas conveyed or dedicated to the City of Gem Lake, as a park or recreation area, shall not be used in calculating the density requirements of the J Zoning Ordinance for the proposed development or subdivision, and shall be in addition to and not in licit of open space requirements for Planned Unit Developments. 5.4.6 Where private open space for park and recreational purposes is provided for in a proposed development, subdivision or Planned Unit Development and such space is to be privately owned and maintained by the future residents of the subdivision or PUD , such areas may be used for credit at the discretion of the City Council against the requirement for dedication for park and recreation purposes, providing the City Council finds it is in the public interest to do so and that the following standards are met: A) The yards, court areas , setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open spaces, and B) That the public ownership and maintenance of the open space is adequately provided for by written agreements, and C) That the public open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council, and D) That the proposed private open space is reasonably adaptable for use for park and recreations purposes, taking into consideration such factors as size, shape, topography, hydrological conditions, geology, access and location of private open space lands, and E) That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the comprehensive plan, and are approved by the City Council, and F) That where such credit is granted, the amount of credit shall not exceed forty (40.0%) percent of the park dedication requirements for the development. 5.4.7 The City of Gem Lake shall maintain a separate fund into which all cash contributions received in lieu of conveyance or dedication of land for park and playground, public open space or trail purposes shall be deposited and shall make, from time to time, appropriations from such fund for acquisition of land for park and playground purposes, for developing existing park and playground sites, for public open space and trails, or for debt retirement in connection with land previously acquired for parks and playgrounds which benefit the residents of the City. 5.4.9 If a developer or subdivider is unwilling or unable to make a commitment to the City of Gem Lake as to the type of buildings that will be constructed on lots in the proposed plat, then the land and cash requirement will be a reasonable amount as determined by the City Council. 5.4.9 Wetlands, ponding areas and drainage ways accepted by the City of Gem Lake shall not be considered in the park land and/or cash contribution to the City. For further information, contact: Frederic C. Magnuson, City Clerk Telephone: 651426-6443 1369 County Road "E" East Gem Lake, MN 55110-5231 Dated: 02 August 2006 ss / F.C. Magnuson, City Clerk a/�a�ieffiaw 2