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HomeMy WebLinkAbout2026 09-15 CC Packet 4200 Otter Lake Road Gem Lake, MN 55110 (651) 747 -2790 city@gemlakemn.org City Council Meeting September 15, 2026 7:00 p.m. Heritage Hall I. Call to Order of City Council Meeting By Mayor Artig-Swomley at 7:00 p.m. II. Call of Roll Artig - Swomley______ Cacioppo _____ Johnson_____ Lindner ______ Patrick_____ III. Approve Agenda and Minutes A. Approval of the Agenda for September 15, 2026, City Council meeting B. Approval of the Minutes of August 18, 2026, City Council meeting C. Accept the Minutes of September 1, 2026, Planning Commission meeting IV. Special Presentations/Public Hearings A. 2027 Preliminary Budget Presentation/Public Hearing. – White Bear Township Finance Officer Tom Kelly presenting. – Resolution No. 2026-20; Adopting the Preliminary Amount to be Raised by Property Taxation for the Year 2027. V. Consent Agenda A. Claims VI. Planning Commission Reports A. 4180 Otter Lake Road – a. Resolution No. 2026-21; Finding of Fact and Decision Regarding An Application for a Conditional Use Permit For An Accessory Structure Exceeding 1,000 Square Feet for 4180 Otter Lake Road, PID223022440022 b. Resolution No. 2026-22; Finding of Fact and Decision Regarding An Application for a Variance to Allow an Accessory Structure Height of 24 feet, 10 inches Exceeding the 15-foot Height Restriction for 4180 Otter Lake Road, PID 223022440022. VII. Old Business A. Newsletter Updates / Topics / Suggestions VIII. New Business A. Resolution No. 2026-23; Resolution Awarding a Contract to McClellan Tree Service for Tree Removal along the Gem Lake Trail. B. Scheduling the Date and Time of the Truth In Taxation Hearing. C. Converting the City Council Workshop on November 9, 2026, to the Canvassing Board Meeting to approve the November 3, 2026 General Election Results. D. 2050 Comprehensive Plan Open House – date changed to Monday, October 12 at 4:30 p.m. E. Heritage Hall Room Rental Coverage – a. White Bear Preserve Association – October 27 from 5:30 p.m. – 8:00 p.m. b. Otter Lake Technologies – October 29 from 6:00 p.m. to 8:00 p.m. IX. Community Outreach to Other Cities and Government Bodies X. Presentations from the Public, 2 minutes maximum XI. Open Items for Council Members to Bring Up XII. Future Council Meetings  Next Planning Commission Meeting, Tuesday, October 6, 2026  Next City Council Workshop, Monday, October 12, 2026  Next City Council Meeting, Tuesday, October 20, 2026 - Attendance Inquiry XIII. Adjournment City of Gem Lake City Council Meeting Minutes August 18, 2026 1 City of Gem Lake City Council Meeting August 18, 2026 Minutes I. Call to Order Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. II. Call of Roll Mayor Gretchen Artig-Swomley, Councilmembers Len Cacioppo, Jim Lindner, and Joshua Patrick were present. Councilmember Ben Johnson was absent. Also present: City Attorney Chad Lemmons, City Treasurer Tom Kelly, and City Clerk Barb Suciu. III. Approve of Agenda and Minutes A. Approve the Agenda for August 18, 2026, City Council meeting. A motion was introduced by Councilmember Lindner to accept the August 18, 2026, agenda, seconded by Councilmember Cacioppo. Motion carried 4-0. B. Approve the Minutes of July 21, 2026, City Council meeting. A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve July 21, 2026, City Council Meeting minutes. Motion carried 4-0. C. Accept the Minutes of August 4, 2026, Planning Commission meeting. A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to accept August 4, 2026, City Council Meeting minutes. Motion carried 4-0. IV. Special Presentations/Public Hearings V. Consent Agenda A. Monthly Financial Report(s) B. Claims A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the Consent Agenda. Motion carried 4-0. VI. Planning Commission Reports None. VII. Old Business A. Newsletter Updates/Topics/Suggestions Mayor Artig-Swomley there is a draft of the newsletter tonight. There will be some adjustments to the Sanitary Sewer article since the project has been completed. VIII. New Business A. Ordinance 2026-02; An Ordinance Amending Ordinance #129. Section 3. Mayor Artig-Swomley stated this amendment was recommended by the City Engineer to assist with the upcoming Municipal water project. City of Gem Lake City Council Meeting Minutes August 18, 2026 2 A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve Ordinance 2026-02; An Ordinance Amending Ordinance #129, Section 3. Motion carried 4-0. IX. Community Outreach to Other Cities and Governmental Bodies Mayor Artig-Swomley stated she and the City Clerk met with Pat at White Bear Township meeting, and it was a productive meeting. Topics discussed included public work and planning services. The City Clerk met with a representative from the City of Vadnais Heights to explore collaborating on Gem Lake planning services. X. Presentations from the Public, 2 minutes maximum David Gaetz, 4131 Scheuneman Road stated he blacktopped his driveway and now when it rains it floods his neighbor at 4113 Scheuneman. Mr. Gaetz and Mr. Doran presented the council with three bids for drain tile to assist with the issue. Mayor Artig-Swomley stated she would like the City Engineer to take a look at this and access the issue. Jim Wilson, 42 Summit Farm Lane, discussed the trails by The Villas and the unwanted trees that are growing there. He indicated there are Cottonwood and Boxelder trees on the west side of the trail. XI. Open Items for Council Member to Bring Up Mayor Artig-Swomley stated a resident had called regarding Gem Lake’s animal ordinance and how it doesn’t address fostering dogs. The Council directed the City Clerk to review other cities ordinances to see how this is handled. Mayor Artig-Swomley indicated the September meeting agenda will be full. There are the planning commission items and the 2027 Preliminary Budget. XII. Future Council Meetings  Next Planning Commission Meeting, Tuesday, September 1, 2026  Next City Council Workshop, Monday, September 14, 2026 - Canceled  Next City Council Meeting, Tuesday, September 15, 2026 XIII. Adjournment There being no further business, following a motion from Councilmember Lindner, seconded by Councilmember Cacioppo, the meeting adjourned at 7:31 p.m. Respectfully submitted, Barbara Suciu 4200 Gem Lake Road Gem Lake, MN 55110 (651) 747-2790 city@gemlakemn.org August 21, 2026 RE: 2027 Preliminary Property Tax Levy. State Statutes require Cities to certify their preliminary property tax levies by September 30th this year. Once the preliminary property tax levy is approved and certified to the County Auditor, the City can lower the levy during the remaining budget process but cannot exceed the certified preliminary levy. For this reason, most Cities certify a preliminary levy using worst-case budget scenarios, which is the case with the City’s 2027 preliminary property levy and budget. The 2027 preliminary property tax levy is proposed at $752,589, which is a 1.70% decrease from the 2026 certified preliminary property tax levy and a 5.14% increase over the 2026 final levy. The 2027 preliminary property tax levy consists of a debt levy of $83,219.00 and the general operating levy of $669,370.00 (a decrease of 1.89% from the 2026 preliminary tax levy). The following changes were made from the 2026 adopted budget as a basis for the 2027 proposed preliminary property tax levy: 1. Based on the 2015 Refunding Bond schedule, the debt levy for 2027 is set for $77,814.00. In addition, in 2018, the City issued bonds for the improvements on Scheuneman Road and the 2027 debt levy for this issue is $5,405.00. The two of these debt levies make up the City’s 2027 debt levy of $83,219.00. 2. City Council contingency was increased from $9,000 to $10,000. 3. Clerk/General Government budget includes $65,000.00 for wages and $10,500 for health insurance coverage. 4. Planning & Zoning budget increased $37,000.00 for updating the City’s Comp. Plan. 5. Police Services increased 8.81% to $167,067 based on the City of White Bear Lake budget provided us with and includes $153,000 for police services and $14,067 for debt payments on the new public facilities building. 6. Fire Services increases 9.95% to $58,787.00. It includes $40,100 for fire services, $9,506 for fire marshal services, and $9,191 for depreciation on the new public facilities building. a. Overall, the City of White Bear Lake would like the City of Gem Lake to pay $23,258 for the next 20 years for their new facility. 7. Road Maintenance budget includes $15,000 for road maintenance/repair and $8,000 for trimming boulevard trees. 8. Ice & Snow budget decreased $4,000 to $20,000 based on past expenditures. 9. Heritage Hall budget includes $5,000 for building improvements and $5,000 for other equipment/improvements. 10. Park Maintenance budget includes $14,500 for maintaining park area of the Villas of Gem Lake. 11. Future Improvements of $20,000.00 are included in the budget 12. Other revenue and other expenditure line items adjusted based on past history. These changes result in the City proposed tax levy of $752,589.00 for 2027. This compares to 2026 preliminary levy of $765,597.00 and 2026 final levy of $715,830.00. Using a 2027 property tax levy of $752,589.00 and the City’s 2026 estimated tax capacity ($1,884,274.00) and the Gem Lake median valued home ($460,750.00), that median valued home, would pay City property taxes of $1,769.12 in 2027 compared to 2026 preliminary levy of $1,800.57 (a decrease of $31.45) and the 2026 final levy amount of $1,680.22 (an increase of $88.90). The action requested tonight is for the City Council to adopt the resolution adopting the 2027 preliminary property tax levy of $752,589.00. Tom Kelly Gem Lake City Treasurer Memorandum To: Gem Lake City Council Project Reference: ECM Construction LLC CUP and Variance – 4180 Otter Lake Road Copies To: ECM Construction LLC., Applicant Chirstopher Marquez Gutierrez, Owner TKDA Project No.: 23763.000 From: Andrew Boucher, Planner Client No.: 0002 Date: September 8, 2026 SUBJECT: Applications for (1) Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet and (2) Variance to allow an accessory structure to exceed the 15-foot height maximum for ECM Construction LLC., on behalf of Chirstopher Marquez Gutierrez, owner. MEETING DATE: September 15, 2026 LOCATION: 4180 Otter Lake Road (Parcel ID 223022440022) APPLICANT: ECM Construction LLC., Applicant OWNER: Chirstopher Marquez Gutierrez, Owner ZONING: Medium Density Residential (RS); Shoreland Overlay District REVIEW PERIOD: 60-day period ends 08/10/2026; 120-day period ends 10/9/2026 ITEMS REVIEWED: Application and plans received by the City on 6/11/2026; additional materials received 07/1/2026 and 08/10/2026 DESCRIPTION OF THE REQUEST At 4180 Otter Lake Road, ECM Construction LLC., on behalf of Chirstopher Marquez Gutierrez, requests consideration of two applications, a Conditional Use Permit to permit an accessory structure exceeding 1,000 square feet and a variance to allow an accessory structure to exceed the 15 -foot height maximum. The applicant initially applied for a Special Home Occupation Permit that was withdrawn on 07/21/2026 and a variance application submitted on 08/12/2026. This request requires two separate applications for review and approval: 1) Conditional Use Permit for an accessory structure exceeding 1,000 sq. ft. Section 16, General Provisions, Subsection 5. Accessory Buildings, a CUP is required from the City Council. 2) Variance to Section 8, Medium Density (RS) Residential District, Subsection 5. Height Regulations (1), a variance is required to exceed 15’ in height. The applicant is proposing an accessory structure height of 24 feet, 10 inches (24’10”), or the height of the primary structure. Conditional Use Permits and Variances are processed according to Ordinance No. 131, Consolidated Land Use Ordinance pursuant to Section 17. Administration and Enforcement, Subsection 4. Variances and 5. Conditional Use Permits. Both applications require consideration by the Planning Commission in a public hearing and by City ECM Construction LLC CUP – 4180 Otter Lake Road Gem Lake City Council 09/15/26 September 8, 2026 Page 2 Council for final approval. Additionally, both applications must be approved in order for the applicant to move forward with the proposed detached garage in its current configuration. The City has identified code violations of the Housing Maintenance Ordinance No. 83 including missing widows and an unsecured door to the primary residential structure, which the applicant has an active residential building permit for a remodel/addition that is not part of the request. The City has also previously cited the property owner for running an unpermitted home occupation at the business with dumpsters and other equipment presently on the property. Figure 1 and 2: Pictures of the Construction Business, April 2026 The City received correspondence from Dennis and Beth Holman at 4160 Otter Lake Road, White Bear Lake, MN 55110-4115, within the City of Gem Lake’s municipal boundary. The property owners have concerns about the continued and ongoing commercial use of the property with the addition of an accessory structure to house vehicles and equipment for the business needs that are more appropriate in other zones. The owners have also expressed concern with the municipal code enforcement violations, noise, dust, and potential pollution that could affect the private well servicing the 4160 property. As of August 25, 2026, the construction business is still operating despite the Special Home Occupation License being withdrawn. The Planning Commission gave a negative recommendation to both applications at the September 1, 2026 meeting. PROPERTY INFORMATION Description: The subject property is located within the Medium Density (RS) Residential District and is within the Shoreland Management Overlay District. The property is along the northern boundary of Gem Lake at the intersection of Goose Lake Road and Otter Lake Road with Goose Lake nearby. It is surrounded by other Medium Density (RS) Residential District and adjacent to Gem Lake City Hall. The property also abuts Universal Forest Products at 4141 Hoffman Road, an Industrial property within White Bear Township. The property gains access from Otter Lake Road with an existing curb cut and paved driveway to be maintained with a gravel surface on the property as well. 4180 Otter Lake Road currently has a residential single-family dwelling unit, built in 1956. There is an active residential building permit to remodel and add onto the existing house and address the Housing Maintenance Ordinance No. 83 code violations. ECM Construction LLC CUP – 4180 Otter Lake Road Gem Lake City Council 09/15/26 September 8, 2026 Page 3 The property has also been operating a construction business at the property with multiple trucks and trailers being stored, staged, and delivered from the property. The property owner and applicant were advised to cease the operation of the commercial business until the necessary approvals were received. This initially included a Special Home Occupation License application that was withdrawn upon the recommendation of staff, and the business has continued to operate. Land Use: Construction Business Storage/Single-Family Dwelling Unit Figure 3: Aerial of the site, from Ramsey County GIS. N White Bear Township ECM Construction LLC CUP – 4180 Otter Lake Road Gem Lake City Council 09/15/26 September 8, 2026 Page 4 Figure 4, Proposed conditions survey dated 6-23-2026 and submitted 7-1-2026. EVALUATION OF REQUESTS Medium Density (RS) Residential District Ordinance Requirements Section 8, Subsection 6. Area, Frontage, and Yard Requirements, (3) establishes the following minimum requirements for properties with on-site septic systems constructed in the “RS” zoning district: Standard Minimum Requirement Proposed Condition Total Area 0.75 acres 1.59 acres Buildable Area 75% of total area Not provided Existing Coverage Area Not specified 12.8% Open Space 40% of total area 85.1% of total area Impervious Surface Not specified 14.9% Maximum Accessory Structure Height 15 feet 24 feet, 10 inches (24′10″) Accessory Structure Front/Side Setback, Goose Lake Road Not specified Not applicable Accessory Structure Side Yard Setback 15 feet 26.8 feet Accessory Structure Rear Yard Setback 10 feet Greater than 50 feet Variance and Conditional Use Permit Requirements Ordinance Requirements Section 8, Subsection 5. Height Regulations (1) states no accessory structure shall exceed fifteen (15’) feet in height measured from the ground six (6’) feet from the primary front entrance to the highest point of the roof structure. A variance is required to allow an accessory garage height of 24 feet, 10 inches (24’10”). ECM Construction LLC CUP – 4180 Otter Lake Road Gem Lake City Council 09/15/26 September 8, 2026 Page 5 Section 17, Subsection 4 establishes the purpose and intent of the variance process to alleviate strict application of provisions within the Zoning Ordinance. Variances shall be considered in cases whereby reason of “practical difficulties” means the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. Furthermore, the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties and a variance may not be granted to allow any use that is not allowed in the zoning district where the property is located. Section 17, Subsection 5 sets the process for considering Conditional Use Permits, which is the same process as for variances. Conditional Use Permits are subject to the following criteria established by Section 17, Subsection 5.2.1, which are the same criteria for granting variances, with the exception of an additional criteria with the anticipated duration of the Conditional Use: 1. Adjacent Uses. This criterion is not met. The property is zoned Medium Density (RS) and is surrounded by other single-family residential properties, Gem Lake City Hall, and industrial property in a different jurisdiction (White Bear Township). The property owner is proposing to use the property in a manner that is not permitted in the zoning district, i.e. conducting a construction business out of a residential single-family dwelling unit. The property owner is currently operating a construction business and has not ceased the operation. The business is not compatible with the adjacent residential properties. 2. Air and Water Quality. This criterion needs more clarification. The property is currently operating a construction business that involves storage and staging of trucks, trailers, and other equipment that may generate negative impacts to air and water quality based on the potential storage of these vehicles. 3. Traffic Generations. This criterion is not met. The proposed use of a construction business with trucks, trailers, and other construction equipment being stored, staged, and delivered to and from the property would generate more traffic than would be expected from a single-family dwelling unit. 4. Public Safety and Health. This criterion needs more clarification. The proposed may impact public safety and health. 5. Area Aesthetics. This criterion is met. The proposed garage is expected to be constructed in accordance with the other dwelling units and garages in the area. 6. Economic Impact on the Entire Area. This criterion is met. The proposed use would be more beneficial to the economic impact on the entire area. 7. Consistency with the Comprehensive Plan. This criterion is not met. The 2040 Comprehensive Plan designates the existing land use as Single Family Residential and the future land use guiding as Single Family – Residential. 8. Anticipated Duration of the Conditional or Interim Use This criterion is met. There would be no anticipated dissolution of the conditional use. Conditional uses, if discontinued for 6 months, are considered void. Staff Comments The project plans were forwarded to staff and other agencies for comments. ECM Construction LLC CUP – 4180 Otter Lake Road Gem Lake City Council 09/15/26 September 8, 2026 Page 6 ▪ Ramsey County o County staff has reviewed the plans and requires construction at the property route construction traffic to avoid using Goose Lake Road if it takes place during the latter half of 2027, as a condition of approval. ▪ Department of Transportation (MnDOT) o MnDOT Development Review staff have reviewed the plans and has no comments. ▪ Vadnais Heights Watershed Management Organization (VLAWMO) o VLAWMO has reviewed the application and have no comments. ▪ Fire Department (City of White Bear Lake) o Assistant Chief/Fire Marshal has reviewed the applications and has no comments. ▪ Building Official o The Building Official has reviewed the applications and has no comments. A building permit will be required as a condition of approval. ▪ Engineering o City Engineering staff (SEH) has reviewed the applications and have no comments. ACTION The City Council has the following options for each request: 1. Approve the requests, with or without conditions. 2. Deny the requests, with findings for denial. 3. Table the requests for further review/study. RECOMMENDATION A separate motion should be made for each request. 1. Variance. Variance request to allow construction of an accessory structure exceeding the 15-foot maximum for accessory structure and permit a maximum height of 24 feet, 10 inches. 1. Approve the request, with or without conditions. 2. Deny the request, with findings for denial. 3. Table the request for further review/study. 2. Conditional Use Permit. Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet. 1. Approve the request, with or without conditions. 2. Deny the request, with findings for denial. 3. Table the request for further review/study. Attachments: Resolution No. 2026-21 (Variance Approval) Resolution No. 2026-21 (Variance Denial) Resolution No. 2026-22 (CUP Approval) Resolution No. 2026-22 (CUP Denial) Conditional Use Permit Application Variance Application Narrative Construction Plans dated 11-22-2021 Proposed Conditions Survey 6-23-2026 Public Notice to Newspaper Public Notice to Neighborhood Mailing List April 2026 Pictures Correspondence from City Clerk dated 5-6-2026 ECM Construction LLC CUP – 4180 Otter Lake Road Gem Lake City Council 09/15/26 September 8, 2026 Page 7 Correspondence from City Planner dated 5-8-2026 Correspondence from Applicant dated 7-21-2026 withdrawing Special Home Occupation License. Correspondence from Dennis and Beth Holman (4160 Otter Lake Road) ATB 6/8/2026 To whom it concerns, I am requesting the conditional use to allow the construction of a detached garage that exceeds the maximum permitted square footage for accessory structures on my property. The addition would be used to store trucks and trailers from my personal business. The proposed building will provide adequate indoor storage, helping to keep vehicles and equipment organized and reducing outdoor storage on the property. Any issues that need to be corrected from the house will be resolved during the remodeling process of the house. Thank you very much. - Elias Marquez Gutierrez 1 6 REVISIONS BY BU I L T B Y : 2 6 BU I L T B Y : 3 6 BU I L T B Y : 4 6 BU I L T B Y : 5 6 BU I L T B Y : 6 6 BU I L T B Y : August 12, 2026 Dear Resident, The City of Gem Lake, Minnesota, Planning Commission will be holding a public hearing on Tuesday, September 1st, at 7:00 pm. The purpose of the hearing is to consider the following applications submitted by ECM Construction LLC, on behalf of property owner Christopher Marquez Gutierrez, for property at 4180 Otter Lake Road (Parcel ID: 223022440022). The applications are for: a Conditional Use Permit to allow for an accessory structure exceeding 1,000 sq. ft. and a Variance to allow an accessory structure height exceeding 15’ and not to exceed the height of the primary structure. The City’s Consolidated Land Use Ordinance requires a public hearing for Conditional Use Permit and Variance applications. You are being notified of this hearing because your property is within 350 feet of the applicant’s property, 4180 Otter Lake Road (Parcel ID: 223022440022). You may attend the public hearing if you wish to provide comments or ask questions about the proposed request. The meeting will be held on Tuesday, September 1st, 2026 at 7:00 pm at Heritage Hall (4200 Otter Lake Road). You may also submit comments in writing (by letter or email) to Barbara Suciu, City Clerk, at 4200 Otter Lake Road, Gem Lake, MN 55110 or barbara.suciu@gemlakemn.org prior to noon on the day of the meeting. The Clerk will provide all comments received to the Planning Commission. A copy of the staff report and application materials will be available for review prior to the meeting. The meeting materials will be placed on the City of Gem Lake website (https://gemlakemn.org/). Sincerely, Andrew Boucher - Gem Lake City Planner cc: Barbara Suciu, Administrative Assistant Mike Johnson, Building Inspector CJ Sycks, Gem Lake City Planner CITY OF GEM LAKE RAMSEY COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED CONDITIONAL USE PERMIT AND VARIANCE August 12, 2026 NOTICE IS HEREBY GIVEN that the Planning Commission of Gem Lake, Ramsey County, Minnesota shall consider applications from ECM Construction LLC, on behalf of property owner Christopher Marquez Gutierrez, for a Conditional Use Permit to allow an accessory structure exceeding 1,000 sq. ft. and a Variance to allow a garage height exceeding 15 feet, not to exceed the height of the existing house for property at 4180 Otter Lake Road (Parcel ID: 223022440022). The hearing will take place at the Planning Commission meeting on September 1, 2026, at approximately 7:00 p.m. at the Gem Lake City Hall (4200 Otter Lake Road). A copy of the application and staff report will be available from the City Clerk approximately one week prior to the hearing. Gretchen Artig-Swomley, Mayor Published one time in the White Bear Press on _______. tax-name tax2 tax-addresstax-city NORTHERN PACIFIC RY CO BNSF RAILWAY CO PO BOX 961089 FORT WORTH TX 76161- 0089 UFP REAL ESTATE LLC 2801 E BELTLINE AVE NE GRAND RAPIDS MI 49525- 9680 RANDY STOCKMAN 1633 GOOSE LAKE RD SAINT PAUL MN 55110- 4119 MICHELLE L WARNER 4134 SCHEUNE MAN RD WHITE BEAR LAKE MN 55110- 4115 DENNIS M HOLMAN 4160 OTTER LAKE RD WHITE BEAR LAKE MN 55110- 3732 MICAH BONKOSKI 4161 OTTER LAKE RD SAINT PAUL MN 55110- 3733 ANTHONY A PETERSEN 4104 OTTER LAKE RD GEM LAKE MN 55110- 3732 VALERIE T HUGHES 4136 SCHEUNE MAN RD GEM LAKE MN 55110- 4115 JAMES A LINDNER 4155 OTTER LAKE RD GEM LAKE MN 55110- 3733 KEVIN CULLEN 4151 OTTER LAKE RD GEM LAKE MN 55110- 3733 TOWN OF WHITE BEAR MINNESOTA 1281 HAMMON D RD WHITE BEAR TOWNSHI P MN 55110- 6544 BNSF RAILWAY CO PO BOX 961089 FORT WORTH TX 76161- 0089 ASHLIE PHILLIPS 4150 OTTER LAKE RD GEM LAKE MN 55110- 3732 LORRELL M KIRCHHAMER 4170 OTTER LAKE RD WHITE BEAR LAKE MN 55110- 3732 BRANDON KEIZER 1636 GOOSE LAKE RD SAINT PAUL MN 55110- 4170 GERALD M THOMSON +11:1110:179:2:17 1639 GOOSE LAKE RD ST PAUL MN 55110- 4119 1 Andrew Boucher From:Barbara Suciu <barbara.suciu@gemlakemn.org> Sent:Wednesday, May 6, 2026 1:45 PM To:Andrew Boucher Cc:Mike Johnson Subject:Fw: 4180 Otter Lake Rd CAUTION: This email originated from outside of TKDA. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I took some pictures of 4180 Otter Lake Road. I sent a letter in April regarding the status of the property, and it was returned to city hall. With the building permit that is submitted, I want to be on the same page. Historically, this property has been cited for running a business out of it. Currently, there are dumpsters and other equipment in the back yard. And, I haven't received the application for the Conditional Use Permit. Thanks. Barbara Suciu City Clerk 4200 Otter Lake Road Gem Lake, MN 55110 Direct: 651-747-2790 Office: 651-747-2790 Fax: 651-747-2795 Email: barbara.suciu@gemlakemn.org Website: gemlakemn.org From: Barb Suciu <barbsuciu@gmail.com> Sent: Tuesday, May 5, 2026 2:42 PM To: Barbara Suciu <barbara.suciu@gemlakemn.org> Subject: 4180 Otter Lake Rd 1 Andrew Boucher From:Andrew Boucher Sent:Friday, May 8, 2026 3:48 PM To:'Elias Marquez Gutierrez' Cc:Barbara Suciu; Mike Johnson Subject:RE: 4180 Otter Lake Road - Accessory Structure (New Garage Exceeding 1,000 Sq. Ft.), Residential Addition Elias, I just wanted to follow up with you and your family regarding your intention to apply for a Conditional Use Permit to allow an accessory structure exceeding 1,000 sq. ft.; last time we spoke you said you’re working on providing a copy of the proposed conditions survey showing the footprint of the new garage and residential addition. Before you submit your application and plans, I would like to address a few items that were brought up by the City Clerk related to potential code violations of the Housing Maintenance Ordinance No. 83 (missing windows and unsecured door) which may already be part of your scope with the residential remodel/addition application, but I want to confirm that is part of the work that you’re proposing. The other item I wanted to bring to your attention is that according to the City, this property has been previously cited for running a business out of it and there are dumpsters and other equipment present on the property. I want to confirm whether it is your intention to run a home occupation out of the property or if the dumpsters/equipment are being used for the proposed construction and will be removed from the property as soon as the work is finished. If you do intend to operate a home occupation at this property, then I would just need some additional information about how the proposed home occupation meets the following requirements of Ordinance 134 Home Occupations: 2. Home Occupations requiring a Special License or Permit if the following criteria apply; 1. Occupations that require parking of light commercial vehicles, or trailers with a maximum one-ton payload capacity 3. Home Occupations requiring a CUP; 1. Occupations with a vehicle used and parked on the premises, with greater than a one-ton payload capacity. 2. If the home occupation produces any waste that should be treated or regulated. The Home Occupation will also be required to meet Section 4 Requirements of Home Occupations (1- 10) with the understanding that there is a potential risk of the Planning Commission/City Council may consider the use as objectionable per Section 4.2 of Ordinance 134 . Please feel free to give me a call or respond to this email if you have any questions. If you are intending to run a home occupation from the residence, then we should discuss it and understand whether it needs to be included as part of the CUP request. 2 Thanks, Andrew Andrew Boucher, AICP, ENV SP Planner P 651.292.4545 | C 651.295.2267 E andrew.boucher@tkda.com 3311 E Old Shakopee Rd, Suite 300, Bloomington, MN 55425 From: Elias Marquez Gutierrez <ecmconstllc@gmail.com> Sent: Tuesday, May 5, 2026 11:36 AM To: Andrew Boucher <andrew.boucher@tkda.com> Subject: Re: 4180 Otter Lake Road - Accessory Structure (New Garage Exceeding 1,000 Sq. Ft.) CAUTION: This email originated from outside of TKDA. Do not click links or open attachments unless you recognize the sender and know the content is safe. Andrew, There will be an addition done to the front and the back of the house. Thank you! 1 Andrew Boucher From:Barbara Suciu <barbara.suciu@gemlakemn.org> Sent:Wednesday, May 6, 2026 1:45 PM To:Andrew Boucher Cc:Mike Johnson Subject:Fw: 4180 Otter Lake Rd CAUTION: This email originated from outside of TKDA. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I took some pictures of 4180 Otter Lake Road. I sent a letter in April regarding the status of the property, and it was returned to city hall. With the building permit that is submitted, I want to be on the same page. Historically, this property has been cited for running a business out of it. Currently, there are dumpsters and other equipment in the back yard. And, I haven't received the application for the Conditional Use Permit. Thanks. Barbara Suciu City Clerk 4200 Otter Lake Road Gem Lake, MN 55110 Direct: 651-747-2790 Office: 651-747-2790 Fax: 651-747-2795 Email: barbara.suciu@gemlakemn.org Website: gemlakemn.org From: Barb Suciu <barbsuciu@gmail.com> Sent: Tuesday, May 5, 2026 2:42 PM To: Barbara Suciu <barbara.suciu@gemlakemn.org> Subject: 4180 Otter Lake Rd 2 3 4 5 6 7 8 9 10 11 Sent from my iPhone Dear Members of the City of Gem Lake Planning Commission: My wife and I have been notified that the City has received applications for: a Conditional Use Permit to allow for an accessory structure exceeding 1,000 sq. ft. and a Special Home Occupation Permit to allow vehicles and equipment related to a construction business to be stored in the garage, for the property located at 4180 Otter Lake Road (Parcel ID: 223022440022). Thank you for providing us with this information. My wife (Beth) and I have been home owners here in Gem Lake for nearly 42 years and we sincerely appreciate your reaching out to let us know about these applications and offering us an opportunity to provide input in the decision you are being asked to make. While I hope to be able to attend the hearing (which I understand has been rescheduled for August 4, 2026), I am submitting my comments and concerns in writing in the event we are unable to attend. Beth and I live at 4160 Otter Lake Road and would be directly affected by the decision you are being asked to make. We respectfully request that you deny both applications for many reasons including but not limited to: 1. These applications are not appropriate for this location. The property located at 4180 Otter Lake Road (Parcel ID: 223022440022) is zoned as residential. The city originally planned and zoned it that way to afford home owners the opportunity to build a home and establish a peaceful, safe and healthy environment in which to live. These applications are being submitted by ECM Construction LLC, for the stated purpose of operating a commercial construction business and to better facilitate the needs of said business by putting up a structure for the expressed purpose of housing the vehicles and equipment of this business. The interests, needs and desires of a commercial business are not the same as those of a residential home owner and are often n direct conflict with each other. This is why certain areas of any city are zoned accordingly. A business has certain needs that must be met in order to conduct business efficiently and successfully. Commercial property affords businesses the opportunity to do so without infringing on the rights, health and safety of the community they occupy. Commercial businesses belong in an area zoned for commercial industry. I believe Gem Lake or other nearby communities have properties already appropriately zoned for this type of business. I believe that there were new buildings recently built on White Bear Parkway that may be capable of housing vehicles and equipment. 2. Residential property owners have a right to expect that they can live in their own home without the disruption, conflict of interest and potential safety and health issues that come with the intermingling of commercial business within residential property. As Planning Commission members are probably aware, this business has been attempting to carry on their commercial activities at this location for some time now. They have demonstrated a willingness to violate local regulations including zoning, building permits, and animal control and housing regulations. We as neighbors have experienced vehicles coming and going as without regard to the time of day and without regard to how their activities affect neighbors in the community. They have multiple vehicles and equipment in the yard which are large, loud and create noise and dust to the degree that we cannot keep our own windows open. They have kept and allowed aggressive dogs to roam the neighborhood, behaving aggressively toward children and homeowners on their own property. Page 2 During the time we have lived in our home, we have seen the results of trying to give commercial businesses a little wiggle room. When the wood plant (which is not in Gem Lake) wanted to put up outdoor sheds to house their lumber (as they were expanding), they promised restricted hours of work. They assured the community that they would not be out in the yard in the early morning or evening. Now they operate in the yard day and night, backup alarms making it obvious their needs take precedence over any commitment they previously made to be considerate to their neighbors. Finally, there are the obvious health related issues this community has faced with businesses such as Water Gremlin which have resulted in air and water pollution. In cases such as these, business goes on without concern for others until it begins seriously affecting the personal health of members of their community. Industrial pollution is a concern for us. We still have a private well. I do not know what types of fluids, chemicals, run off etc. this construction business may produce or what regulations they may be willing to violate, but I believe the best protection for everyone is to enforce zoning ordinances to keep commercial businesses and residential properties separated from each other. 3. As a resident of this community I have seen members of our City Council make diligent and appropriate efforts to improve our community as it has grown. Your review and revision of ordinances (while planning for growth and the challenges that it brings) have been admirable. We appreciate all you have done and continue to do for our community. It is encouraging to learn that the Planning Commission will be reviewing this matter and we are hopeful that you will be able to make a decision that is in the best interest of the residents of our community. We certainly understand that commercial business is a necessary facet of any thriving community, we appreciate the fact that our City Council has been very intentional about zoning, ordinances and the factors that go into making it work for everyone. We urge you to continue that course of action by denying these applications and keeping a safe distance between residential and commercial properties in our community. I hope I have been able to express my concerns clearly. If you have any questions, please feel free to be in touch. Sincerely, Dennis and Beth Holman 4160 Otter Lake Road Phone: 651-270-8605 CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2026-22 FINDINGS OF FACT AND DECISION REGARDING AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 1,000 SQUARE FEET FOR 4180 OTTER LAKE ROAD, PID 223022440022 WHEREAS, ECM Construction LLC, applicant on behalf of Christopher Marquez Gutierrez, the property owner made an application for a Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet and a variance to allow for the accessory structure to exceed the maximum 15-foot height and permit an accessary structure with a height of 24 foot, 10 inch (24’10”) to be located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on September 1, 2026, and determined that the proposed requests do not meet the criteria for approval, and voted to recommend denial of the request with findings for denial. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, That the following findings for denial are made as the application has not satisfied the following criteria: 1.Ordinance No. 131, Section 17 (Section 4) outlines the required findings for variance and (Section 5) for Conditional Use Permits: 1.Adjacent Uses. This criterion is not met. The property is zoned Medium Density (RS) and is surrounded by other single-family residential properties, Gem Lake City Hall, and industrial property in White Bear Township. The property owner is proposing to use the property to conduct construction business which is not permitted in the RS zoning district, Further, the property owner is currently operating a construction business and has been notified of the zoning code violation, but not ceased the operation. The business is not compatible with the adjacent residential properties. 2.Traffic Generations. This criterion is not met. The proposed use of a construction business with trucks, trailers, and other construction equipment being stored, staged, and delivered to and from the property would generate more traffic than would be expected from a single-family dwelling unit. Resolution No.: 2026-22 Page 2 of 2 3. Consistency with the Comprehensive Plan. This criterion is not met. The property is zoned Medium Density (RS) and the 2040 Comprehensive Plan designates the existing land use as Single Family Residential with the future land use guiding as Single Family – Residential. 4. The property owner is not proposing to use the property in a reasonable manner permitted by the Zoning Ordinance. The plight of the landowner is due to circumstances created by the landowner. The variance, if granted, is not in keeping with other adjacent commercial uses in the immediate area and is different from the other residential uses found in the Medium Density “RS” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, That the made an application for a Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet and a variance to allow for the accessory structure to exceed the maximum 15-foot height and permit an accessary structure with a height of 24 foot, 10 inch (24’10”) to be located at 4180 Otter Lake Road is denied. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 15th day of September, 2026. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2026-22 APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 1,000 SQUARE FEET FOR 4180 OTTER LAKE ROAD, PID 223022440022 WHEREAS, , ECM Construction LLC, applicant on behalf of Christopher Marquez Gutierrez, the property owner made an application to request a Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet and a variance to allow for the accessory structure to exceed the maximum 15-foot height and permit a 24 foot, 10 inch (24’10”) height located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on September 1, 2026, and determined that the proposed requests did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and, WHEREAS, upon consideration, the City Council has determined that the criteria for approval. set forth in Section 17 of the City of Gem Lake Code . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, the request for the Conditional Use Permit and variance to allow for the accessory structure exceeding 1,000 sq. ft. and 15’ in height located at the property addressed as 4180 Otter Lake Road is approved with the following conditions:. 1. The applicant shall submit for a building permit per the floor plans submitted to the City on 6/11/2026 and 07/1/2026 reviewed with this application. 2. No business activity shall be permitted on-site. 3. The applicant shall adhere to all applicable local, State, or Federal regulations. 4. The applicant shall acquire any other applicable local, State, or Federal permits for this request. 5. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 15th day of September, 2026. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2026-21 FINDINGS OF FACT AND DECISION REGARDING AN APPLICATION FOR A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE HEIGHT OF 24 FEET, 10 INCHES EXCEEDING THE 15 FOOT HEIGHT RESTRICTION FOR 4180 OTTER LAKE ROAD, PID 223022440022 WHEREAS, ECM Construction LLC, applicant on behalf of Christopher Marquez Gutierrez, the property owner made an application for a Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet and a variance to allow for the accessory structure to exceed the maximum 15-foot height and permit an accessary structure with a height of 24 foot, 10 inch (24’10”) to be located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on September 1, 2026, and determined that the proposed requests do not meet the criteria for approval, and voted to recommend denial of the request with findings for denial. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, That the following findings for denial are made as the application has not satisfied the following criteria: 1. Ordinance No. 131, Section 17 (Section 4) outlines the required findings for variance and (Section 5) for Conditional Use Permits: 1. Adjacent Uses. This criterion is not met. The property is zoned Medium Density (RS) and is surrounded by other single-family residential properties, Gem Lake City Hall, and industrial property in White Bear Township. The property owner is proposing to use the property to conduct construction business which is not permitted in the RS zoning district, Further, the property owner is currently operating a construction business and has been notified of the zoning code violation, but not ceased the operation. The business is not compatible with the adjacent residential properties. 2. Traffic Generations. This criterion is not met. The proposed use of a construction business with trucks, trailers, and other construction equipment being stored, staged, and delivered to Resolution No.: 2026-21 Page 2 of 2 and from the property would generate more traffic than would be expected from a single-family dwelling unit. 3. Consistency with the Comprehensive Plan. This criterion is not met. The property is zoned Medium Density (RS) and the 2040 Comprehensive Plan designates the existing land use as Single Family Residential with the future land use guiding as Single Family – Residential. 4. The property owner is not proposing to use the property in a reasonable manner permitted by the Zoning Ordinance. The plight of the landowner is due to circumstances created by the landowner. The variance, if granted, is not in keeping with other adjacent commercial uses in the immediate area and is different from the other residential uses found in the Medium Density “RS” Residential District. The zone does not allow for commercial business functions apart from home occupations, county clubs, golf courses, and other private commercial recreation areas and facilities, and bed and breakfast establishments. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, That the made an application for a Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet and a variance to allow for the accessory structure to exceed the maximum 15-foot height and permit an accessary structure with a height of 24 foot, 10 inch (24’10”) to be located at 4180 Otter Lake Road is denied. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 15th day of September, 2026. ______________________________ _____________________________ Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE, MINNESOTA RESOLUTION NO. 2026-21 APPROVING A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE HEIGHT OF 24 FEET, 10 INCHES EXCEEDING THE 15 FOOT HEIGHT FOR 4180 OTTER LAKE ROAD, PID 223022440022 WHEREAS, , ECM Construction LLC, applicant on behalf of Christopher Marquez Gutierrez, the property owner made an application to request a Conditional Use Permit to allow an accessory structure exceeding 1,000 square feet and a variance to allow for the accessory structure to exceed the maximum 15-foot height and permit a 24 foot, 10 inch (24’10”) height located at the property listed above; and WHEREAS, the Planning Commission reviewed the request at a duly noticed public hearing on September 1, 2026, and determined that the proposed requests did not meet the criteria approval, and voted to recommend denial of the request with findings for denial; and, WHEREAS, upon consideration, the City Council has determined that the criteria for approval. set forth in Section 17 of the City of Gem Lake Code . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF GEM LAKE, RAMSEY COUNTY, MINNESOTA, the request for the Conditional Use Permit and variance to allow for the accessory structure exceeding 1,000 sq. ft. and 15’ in height located at the property addressed as 4180 Otter Lake Road is approved with the following conditions:. 1. The applicant shall submit for a building permit per the floor plans submitted to the City on 6/11/2026 and 07/1/2026 reviewed with this application. 2. No business activity shall be permitted on-site. 3. The applicant shall adhere to all applicable local, State, or Federal regulations. 4. The applicant shall acquire any other applicable local, State, or Federal permits for this request. 5. The Applicant shall pay all fees and escrows associated with this request. Adopted by the City Council of Gem Lake, Ramsey County, Minnesota, on this 15th day of September, 2026. ______________________________ _____________________________ Resolution No.: 2026-21 Page 2 of 2 Gretchen Artig-Swomley, Mayor Barbara Suciu, City Clerk CITY OF GEM LAKE STATE OF MINNESOTA COUNTY OF RAMSEY RESOLUTION NO. 2026-23 RESOLUTION AUTHORIZING THE CITY CLERK TO ENTER INTO A CONTRACT WITH MCCLELLAN TREE SERVICE FOR TREE REMOVAL AT GEM LAKE TRAIL WHEREAS, the City of Gem Lake is responsible for maintenance at Gem Lake Trail; and WHEREAS, the Gem Lake Trail has trees that need to be removed; and WHEREAS, the City of Gem Lake has received proposals from two contractors for the desired work. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Gem Lake, Minnesota, Authorizes the City Clerk to enter into a contract with McClellan Tree Service for tree removal at Gem Lake Trail. The motion for adoption of the foregoing Resolution was duly introduced by Councilmember ____________ and supported by Councilmember _________________, and upon vote being taken thereon, the resolution passed with a vote of ____ in favor and ____ against. ATTEST I, Barbara Suciu, the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, do hereby certify that the foregoing Resolution is a true and accurate representation of action taken by the City Council of the City of Gem Lake on the date first written. September 15, 2026 Barbara Suciu, City Clerk Date Location 4 7 Summit Fa rm Ln St Pa ul, MN 55110 Proposal For Breds ten, R ob 47 Summit Farm Ln St Paul, MN 55110 HOA Bid Terms Due on receipt ITEM DE SCRIPT ION TIMES / CONTRACT AMOUNT Tree Remova l 1) Remova l of the willow and cottonwood trees loca ted inside of the pond a rea. 2) Stump grinding of the willows in the lower section of the pond 3) Remova l of select volunteer Cottonwood and Willow trees a round the property, focusing on the north side of the pond for the larger a rea a nd a round the border of the property. 4) remov a l of select v olunteer cottonwood and willow trees a s well a s a f ew stray Siberia n elms around the exterior border to the south a nd ea st. 2-3 man crew. Full day service. Adam McC lellan will lead this crew. 1 $ 2,63 0.00 $ 2,6 30.0 0 $ 2 13.6 9 $ 2,8 43.6 9 Terms a nd C onditions By a ccepting this proposa l, you ag ree to the following terms and conditions: Upon your a cceptance, we will schedule your job a s soon as possible, coordinating with our ex isting schedule a nd considering your needs. You will receive a n email notifying y ou of the scheduled da te. Please confirm your acceptance of this da te within 24 hours. C ancellations made within 48 hours of the scheduled job date will incur a 25% ca ncellation fee to cover our expenses. All work will be completed in a ccordance with these plans unless subsequent cha nges a re a g reed upon in writing . Bala nces must be pa id in full a t job completion. Signa t ure Plea se sign here to accept the terms and conditions SUBTOTAL SAL ES TAX TOTAL Date:x Proposal #6925 C reated: 08/27/2026 From: Adam McC lellan 120 11th Av enue N South St Paul MN 55075 651-350-6188 McC lella n Tree Service | mcclellantreeserv ice.com | 651-350-6188 | ada m@mcclellantreeservice.com,admin@mcclellantreeserv ice.com Pa g e 1 of 1 A LATE FEE of $25.00 or 1.5% of total over due balance, which ever is greater will be applied to all invoices past due date. R.J.'S PROPERTY MAINTENANCE 15457 Jeffrey Ave N Hugo, MN 55038 US rjpropertymaint@msn.com Estimate ADDRESS Villas of Gem Lake 1310 Highway 96 E White Bear Lake, MN 55110 ESTIMATE #3028 DATE 09/03/2026 SALES REP Ryan DATE ACTIVITY QTY RATE AMOUNT Landscaping:Landscaping Voluntary and Invasive Tree Removal RJ's will use a combination of hand tools, power tools, and chemical to remove the voluntary trees and invasive trees out of the natural areas. Larger trees will be premarked before service and confirmed by customer. All large material and substantial amounts removed will be hauled away and disposed. 1 5,825.00 5,825.00 I agree to pay the remaining balance for the work and materials listed above in full within 10 days after all work is completed and final invoice presented to customer. If customer does not pay the invoice in full as agreed upon RJ's could take legal action to collect on the remaining balance of this bill. Due to extreme fuel prices final bills could be subject to a fuel surcharge on total bill if diesel and gasoline is above $3.00/gal. SUBTOTAL 5,825.00 TAX (8.375%)0.00 TOTAL $5,825.00 Accepted By Accepted Date