HomeMy WebLinkAbout2008 02-19 CCPCITY OF GEM LAKE, MN
City Council Agenda
February 19, 2008
CALL TO ORDER - By Mayor .Emeott:at PM
CALL OF ROLL
Emeott, Artig-Swomley, Rasmussen, Schilling, Watson
OTHERS IN ATTENDANCE. (Attach list)
APPROVAL OF CITY COUNCIL MINUTES AND AGENDA
A) Minutes of City Council meeting of January 15, 2007
B). Minutes of City Council workshop. on February 4, 2008
C) City Council Agenda for this meeting
PUBLIC NOTICES
None
PRESENTATIONS FROM THE FLOOR •
Others- 10 minutes`maximum allowed for this part of meeting.
COMMITTEE REPORTS
Planning Commission February meeting report — (Accept report)
Planners report of NE quadrant of County Rd. E and Hwy 61 —Marc Putman
OLD BUSINESS
A) City:MS4•report for•2006 — Chuck Watson
B) Score. Grant for 2007
C) Score Grant for 2008
NEW BUSINESS
A) .Approval of payment of claims for. Jan 08 — Feb 08
B) WBL Fire Department contract for 2008
C) Resolution to approveextension of Charitable Gambling for WB Lions — Country Lounge
D) New City Ordinances - Accept with changes ?
Ordinance No. 83
Ordinance No. 84
Ordinance. No. 85
Ordinance No. 86
Ordinance No. 91
E) Resolution topublish summary of new ordinances in WB Press
PRESENTATIONS FROM THE FLOOR
5 minutes Maximurr.allowed:for this part. of meeting
FUTURE CITY COUNCIL MEETINGS
Next City Council workshop. Monday March 3, 2008 7 PM - New City FIal1 meeting room
Other time.
Next City Council meeting — Tuesday, March 18, 2008 7 PM - New City Hall meeting room
or
Other time
ADJORNMENT
CITY OF GEM LAKE
City Hall — 4200 Otter Lake Road
Telephone — 651-747-2790
Mailing address 4707 Hwy 61 # 253
White Bear Lake, MN 55110-3227
City Council Workshop Agenda
February 4, 2008
The only items that will be worked on at tonights City Council workshop will be to
introduce and discuss the following proposed Ordinances for the City of Gem Lake.
1) Proposed Ordinance No. 83
2) Proposed Ordinance No. 84
3) Proposed Ordinance No. 85
4) Proposed. Ordinance No, 86
5) Proposed Ordinance No. 91
An Ordinance creating the Gem Lake
City Housing Code
Business Licensing Provision and.
Procedures
An Ordinance for the purposes of
Regulating Home Businesses and other
Home Occupations
An Ordinance defining nuisances,
prohibiting their creation or
maintenance and providing for
abatement and penalties for violation
thereof.
An. Ordinance formalizing City
procedures and establishing boards and
commissions
MEMORANDUM
Date: February 15, 2008
To: City Council
From: Jessie Hart, Finance Officer
Re: 2008.Fire Contract
The City of Gem Lake has received the 2008 fire contract from the City of White
Bear Lake for fire services and fire inspection services (fire marshal) The
contract and contract formula is the same as it has been in past contracts, The
City's 2008 budget included $17,000 for these services and the contract states
the City's share of the cost for these services is $1 6,834, which is a 3.00%
increase over 2007.
!t is staffs recommendation to approve the 2008 fire contract with the City of
White Bear Lake for fire and inspection services;.
y
5
CITY OF GEM LAKE
4707 Hwy 61 # 253
White Bear Lake, MN 55110-3227
Telephone 651-747-2790
Aid
PUBLIC NOTICE NO. 2008-2
DATE: 20 February 2008
FROM: Paul Emeott - Mayor
TO: Press Publications, Legal Publications legaisa oresspubs.com
RE: Legal Notice To Be Published
To Whom It May Concern,
The following Legal (Public) Notice is to be published in the Legal Notices Section of the
27 February 2008 edition of the White Bear Press. Please confirm receipt and verify content is in
acceptable form for use.
cm- OF GEM LAKE
PUBLIC NOTICE NO. 2008-2
The following Gem Lake City Ordinances were considered and passed by
unanimous votes of all City Council members present at the February 19th,
2008 meeting of the Gem Lake City Council. These Ordinances were
considered at public hearings held by the City Council in November 2007
and on 4 February 2008 at City Council workshops.
i) Proposed Ordinance No, 83 An Ordinance creating the Gem l alcr City Housing Code
2) Proposed Ordinance No, 84 Business licensing Provision and Procedures
3) Proposed Ordinance No, 85 An Ordinance for the purposes of regulating
Home Businesses and other Home Occupations
4) Proposed Ordinance No, 86 An Ordinance defining nuisances, prohibiting their
creation or maintenance and providing for
abatement and penalties for violation thereof
5) Proposed Ordinance No, 91 An Ordinance formalizing City procedures and
establishing boards and commissions
Copies of these Ordinances are available at the City Clerks Office at 1281 Hammond
Rd. in White Bear Lake, MN and will be published on the City of Gem Lake webpage
at Gemlakemn.org.
is/ Paul Emeott
Mayor of Gem Lake
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 83
AN ORDINANCE CREATING THE GEM LAKE CITY HOUSING CODE.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. TITLE AND PURPOSE. This Ordinance may be cited as the "GEM
LAKE HOUSING MAINTENANCE AND OCCUPANCY CODE". The purpose of
this Ordinance is to protect the public health, safety and general welfare of the
people of the City. These general objectives include, among others, the following:
1-1. To protect the character and stability of residential areas within the City.
1-2. To correct and prevent housing conditionsthat adversely affect or are likely
to adversely affect the life, safety, general welfare and health, including the
physical, mental and social well-being of persons occupying dwellings within the
City of Gem Lake.
1-3. To provide minimum standards for the maintenance and conservation of
existing residential buildings, the rehabilitation of existing substandard residential
buildings, thus to prevent slums and blight.
1-4. To provide minimum standards for cooking, heating and sanitary equipment
necessary to the health and safety of occupants of buildings.
1-5. To provide minimum standards for light and ventilation, necessary to health
and safety.
1-6. To prevent overcrowding of dwellings by providing minimum space
standards per occupant for each dwelling unit.
1-7.. To. provide a diversity of housing choice and reasonable. amount of low and
moderate income.. housing .in the City.
1-8. With respect to rental disputes, and except as otherwise specifically
provided by the terms of this Ordinance, it is not the intention of the City Council
to intrude upon the fair and accepted contractual relationship between tenant and
landlord. The City Council does not intend to intervene as an advocate of either
party, nor to act as an arbiter, nor to be receptive to complaints from tenant or
landlord which are not specifically and clearly relevant to the provisions of this
ordinance. In the absence of such relevance with regard to rental disputes, it is
intended that the contracting parties exercise such legal sanctions as are
available to them without the intervention of City government.
Neither in enacting this Ordinance is it the intention of the City Council to
interfere or permit interference with legal rights to personal privacy.
1-9. Any minimum standards shall not exceed the minimum standards provided
for new construction by the Minnesota Building Code, and in the event any
minimum standards herein do exceed said Building Code, the standards of the.
Minnesota. State. Building Code shall govern.
SECTION 2. APPLICABILITY OF ORDINANCE. Every building and its premises
used in whole or in part as a home or residence, or as art accessory structure
thereof, for a single family or person, and every building used in whole or in part
as a home or residence of two or more persons or families Living in separate units
shall conform to the requirements of this Ordinance, irrespective of when such
building may have been constructed, altered, or repaired. This Ordinance
establishes minimum standards for erected dwelling units, accessory structures,
and related premises.
SECTION 3. DEFINITIONS. The following definitions shall apply to the
interpretation and enforcement of this Ordinance.
3-1. ACCESSORY STRUCTURE — a structure subordinate to the twain or
principal dwelling or dwellings and which is not used nor authorized to be used
for living or sleeping by human occupants and which is located on or partially on
the premises.
3-2. BUILDING — any structure erected for the support, shelter, or enclosure of
persons, animals, chattels, or movable property of any kind.
3-3. COMPLIANCE OFFICIAL — the City Clerk and his designated agents
authorized to administer and enforce this Ordinance.
3-4. DWELLING — a building, or portion thereof, designed or used predominantly
for residential occupancy of a continued nature, including 1-family dwelling, 2-
family dwellings, and multiple family dwellings; but not including hotels and
motels.
3-5. DWELLING UNIT — a single residential accommodation which is arranged,
designed, used or, if vacant, intended for use exclusively as a domicile for one
family. Where a private garage is structurally attached, it shall be considered as
part of the building in which the dwelling unit is located.
3-6. FAMILY — any of the following definitions shall apply:
3-6.1. A person or persons related by blood, marriage, or adoption,
together with his or their domestic servants or gratuitous guests, all.
maintaining a common household in a dwelling unit approved and
certified by the appropriate public agency.
3-6.2. Group or foster care of not more than six (6) wards of clients
by an authorized person or persons, related by blood, marriage, or
adoption, together with his or their domestic servants or gratuitous
guests, all maintaining a common household in a dwelling unit
approved and certified by the appropriate public agency.
3-6.3. A group of not more than five (5) persons not related by
blood, marriage or adoption maintaining a common household in a
dwelling unit.
3-7. FLUSH WATER CLOSET — a toilet, with a bowl and trap made in one piece,
which is connected to the City water system and sewer system or other approved
water supply and sewer system.
3-8. GARBAGE — putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
3-9. HABITABLE BUILDING — any building or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
3-10. HABITABLE ROOM — a room or enclosed floor space used or intended to
be used for living, sleeping, cooking, or eating purposes, including bathrooms,
water closet compartments, laundries, furnace rooms, unfinished basements,
(those without required ventilation, required electric outlets and required exit
facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers,
communicating corridors, stairways, closets, storage spaces and workshops,
hobby and recreation areas in parts of the structure below ground level or in
attics.
3-11. HEATED WATER — water heated to a temperature of not less than 1.20°
Fahrenheit, or such lesser temperature required by government authority,
measured at faucet outlet.
3-12. KITCHEN — a space which contains a sink with counter working space,
adequate space for installing cooking and refrigeration equipment, and adequate
space for the storage of cooking utensils.
3-13. MULTIPLE FAMILY DWELLING — a dwelling or portion thereof containing
three or more dwelling units.
3-14. OCCUPANT — any person (including owner or operator) living, sleeping,
cooking and eating in a dwelling unit or living and sleeping in a rooming unit.
3-15. OPERATOR — the owner or agent who has charge, care, control, or
management of a building, or part thereof, in which dwelling units or rooming
units are let.
3-16. OWNER — any person, firm or corporation who, alone, jointly, or severally
with others, shall be in actual possession of, or have charge, care or control of,
any dwelling, dwelling unit, or rooming unit within the City as owner, employee or
agent of the owner, or as trustee or guardian of the estate or person of the title
holder. Any such person representing the actual owner shall be bound to comply
with the provisions of this Ordinance to the same extent as the owner.
3-17. PERMISSIBLE OCCUPANCY — the maximum number of persons
permitted to reside in dwelling unit or rooming unit.
3-18. PERSON — an individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
3-19. PLUMBING — all of the following supplied facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage
disposal units, waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents, and any other similar fixtures and the installation thereof,
together with all connections to water, sewer and gas lines.
3-20. PREMISES — a plated lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by any dwelling or non -dwelling structure, including such
building, accessory structure or other structure thereon.
3-21. PUBLIC HALL — a hall, corridor or passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one family.
3-22. REFUSE — all putrescible and non-putrescible waste solids including
garbage and rubbish.
3-23. RENTAL DWELLING OR DWELLING UNIT — a dwelling or dwelling unit
let for rent or lease.
3-24. REPAIR — to restore to a sound and acceptable state of operation,
serviceability or appearance.
3-25. RODENT HARBORAGE any place where rodents can live, nest, or seek
shelter.
3-26. ROOMING UNIT — any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not for cooking and
eating purposes.
3-27. RUBBISH — nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, cardboard, tin cans, grass and
shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar
materials.
3-28. SAFETY — the condition of being reasonably free from danger and hazards
which may cause accidents or diseases.
3-29. SUBSTANDARD DWELLING — any dwelling which does not conform to
the minimum standards established. b.y. City Ordinance.
3-30. SUPPLIED — paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
3-31. MEANING OF CERTAIN WORDS — whenever the words "dwelling
"dwelling unit", "premises", or "structure" are used in this Ordinance they shall be
construed as though they were followed by the words "or any part thereof'.
SECTION 4. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner
or other person shall occupy or let to another person any dwelling, dwelling unit
or rooming unit unless it and the premises are clean, sanitary, fit for human
occupancy, and comply with all applicable legal requirements of the State of
Minnesota, and the City of Gem Lake, including the following requirements:
4-1. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a
dwelling containing more than two dwelling units shall maintain in a clean and
sanitary condition the shared or public areas of the dwelling and premises
thereof.
4-2. MAINTENANCE OF OCCUPIED AREAS. Every occupant of a dwelling,
dwelling unit or rooming unit shall maintain in a clean and sanitary condition that
part or those parts of the dwelling, dwelling unit and premises thereof that he
occupies and controls.
4-3. STORAGE AND DISPOSAL OF RUBBISH. Every occupant of a dwelling,
dwelling unit or rooming unit shall store and dispose of all his rubbish in a clean,
sanitary, and safe manner as prescribed by the City Ordinances.
4-4. STORAGE AND DISPOSAL OF GARBAGE. Every occupant of a dwelling,
dwelling unit or rooming unit shall store and dispose of all his garbageand any
other organic waste which might provide food for insects and/or rodents in a
clean, sanitary, and safe manner as prescribed by the City Ordinances.
4-5. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE AND
RUBBISH Every owner of a multiple family dwelling shall supply facilities for the
sanitary and safe storage and/or disposal of rubbish and garbage. In the case of
single or two-family dwellings, it shall be the responsibility of the occupant to
furnish such facilities.
4-6. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS.
The owner of a rental dwelling containing more than two dwelling units shall be
responsible for providing and hanging all screens and storm doors and storm
windows whenever the same are required under the provisions of this Ordinance,
except where there is written agreement otherwise between the owner and
occupant.
4-7. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a
dwelling containing a single dwelling unit shall be responsible for the
extermination of vermin infestations and/or rodents on the premises. Every.
occupant of a dwelling unit in a dwelling containing more than one dwelling unit
shall be responsible for such extermination whenever his dwelling unit is the only
one infested. Notwithstanding, however, whenever infestation is caused by the.
failure of the owner to maintain a dwelling in a reasonable rodent -proof or
reasonable vermin -proof condition, extermination shall be the responsibility of the
owner. Whenever infestation exists in two or more of the dwelling units in any
dwelling, or in the shared or public parts of any dwelling containing two or more
dwelling units, extermination thereof shall be the responsibility of the owner.
4-8. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No
occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap
metal, or any other similar materials in such a manner that may provide a rodent
harborage in or about any dwelling or dwelling unit. Stored materials shall be
stacked neatly in piles.
4-9. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of
a dwelling containing two or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal, or any other similar materials in
such a mariner that may provide :a rodent harborage in or about shared or public
areas of a dwelling or its premises. Materials stored by the owner or permitted to
be stored by the owner shall be stacked neatly in piles..
4-10. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a
dwelling or dwelling unit shall store, place, or allow to accumulate any materials
that may serve as food for rodents in a site accessible to rodents_
4-11. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every
occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in
a clean and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
4-12. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every
dwelling unit or rooming unit when the control of the supplied heat is the
responsibility of a person other than the occupant, a temperature of at least 68°
Fahrenheit or such lesser temperature required by government authority shall be
maintained at a distance of three feet above the floor and three feet from exterior
walls in all habitable rooms, bathrooms, and water closet compartments from
September through May.
4-13. REMOVAL OF SNOW AND ICE. The owner of a multiple family dwelling or
dwelling containing more than two dwelling units shall be responsible for the
removal of snow and ice from parking lots, driveways, steps and walkways on the
premises. Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots and
driveways within 24 hours after cessation of the snowfall. Individual snowfalls of
one inch or more, or successive snowfalls accumulating to a depth of one inch,
shall be removed from steps and walkways within eight hours after cessation of
the snowfall.
4-14. MINIMUM EXTERIOR LIGHTING. The owner of a multiple family dwelling
or dwelling containing more than two dwelling units shall be responsible for
providing and maintaining effective illumination in all exterior parking lots and
walkways_
4-15. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a
multiple family dwelling containing more than two dwelling units shall be.
responsible for providing and maintaining in good condition paved and delineated
parking areas and driveways for tenants.
4-16. MAINTENANCE OF YARDS. The owner of a multiple family dwelling or
dwellings containing more than two dwelling units shall be responsible for
providing and maintaining premises yards.
SECTION 5. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES. No person shall occupy as owner, occupant, or let to another for
occupancy and dwelling or dwelling unit, for the purposes of living, sleeping,
cooking and eating therein, which does not comply with the following
requirements:
5-1. KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a
room in which food may be prepared and/or cooked and which shall have
adequate circulation area, and which shallbe equipped with the following:
5-1.1. A kitchen sink in good working condition and properly
connected to an approved water supply system and which provides
at all times an adequate amount of heated and unheated running
water under pressure, and which is connected to an approved
sewer system.
5-1.2. Cabinets and/or shelves for the storage of eating, drinking,
and cooking equipment and utensils and of food that does not
require refrigeration for safekeeping, and a counter or table for food
preparation. Said cabinets and/or shelves and counter or table shall
be adequate for the permissible occupancy of the dwelling unit and
shall be of sound construction furnished with surfaces that are
easily cleanable and that will not impart any toxic or deleterious
effect to food.
5-1.3. A stove or similar device for cooking food, and a refrigerator
or similar device for the safe storage of food, which are properly
installed with all necessary connections for safe, sanitary and
efficient operation. Provided that such stove, refrigerator, or similar
devices need not be installed when a dwelling unit is not occupied
and when the occupant is expected to provide same on occupancy,
in which case sufficient space and adequate connections for the.
installation and operation of said stove, refrigerator or similar device
must be provided.
5-2. TOILET FACILITIES. Within every dwelling unit there shall be an
uninhabitable room which is equipped with a flush water closet in good working
condition. In a rental dwelling unit, such room shall have an entrance door which
affords privacy. Said flush water closet shall be equipped with easily cleanable
surfaces, shall be connected to an approved water system that at all times
provides an adequate amount of running water under pressure to cause water
closet to be operated properly, and shall be connected to an approved sewer
system.
5-3. LAVATORY SINK. Within every dwelling unit there shall be a lavatory sink.
Said lavatory sink may be in the same room as the flush water closet, or if
located in another room, the lavatory sink shall be located in close proximity to
the door leading directly into the room in which said water closet is located. The
lavatory sink shall be in good working condition and shall be properly connected
to an approved water supply system and shall provide at all times an adequate
amount of heated and unheated water under pressure, and shall be connected to
an approved sewer system.
5-4. BATHTUB OR SHOWER. Within every dwelling unit there shall be an
uninhabitable room which is equipped with a bathtub or shower in good working
condition. In a rental dwelling unit, such room shall have an entrance door which
affords privacy. Said bathtub or shower may be in the same room as the flush
water closet, or in another room, and shall be properly connected to an approved
water supply system and shall provide at all times an adequate amount of heated
and unheated water under pressure, and shall be connected to an approved
sewer system.
5-5. STAIRWAYS, PORCHES. AND BALCONIES. Every stairway, inside or
outside of a dwelling, and every porch or balcony, shall be kept in safe condition.
and sound repair. Every flight of stairs and every porch and balcony floor shall be
free of deterioration. Every stairwell and every flight of stairs which is more than
four risers high shall have handrails not. less than 30 inches high nor more than
34 inches from the nose of the stair tred to the top of the handrail. Every porch
which is more than four risers high and every balcony shall have handrails 30
inches high and every balcony and landing shall have guardrails not Tess than 36
inches in height and intermediate rails each 9 inches. Every handrail and
balustrade shall be firmly fastened and maintained in good condition. No flight of
stairs shall have settled out of its intended position or have pulled away from the.
supporting or adjacent structures enough to cause a hazard. No flight of stairs
shall have rotting, loose, or deteriorating supports. Excepting spiral and winding
stairways, the treads and risers of every flight of stair shall be uniform in width
and height. Stairways shall be capable of supporting a live load of 100 pounds
per square foot of horizontal projection.
5-6. ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit
shall be provided without passing through any other dwelling unit.
5-7. DOOR LOCKS. No owner shall occupy nor let to another for occupancy and
dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit
are equipped with safe, functioning locking devices. Multiple family dwellings
shall be furnished with door locks as follows:
5-7.1. For the purpose of providing a reasonable amount of safety
and general welfare for persons occupying multiple family dwellings
constructed after May 5, 1969, an approved security system shall
be maintained for each multiple family building to control access.
The security system shall consist of locked building entrance or
foyer doors and locked doors leading from hallways into individual
dwelling units. Dead -latch type door locks shall be provided with
lever knobs (or doorknobs) on the inside of building entrance doors
and with key cylinders on the outside of building entrance doors.
Building entrance door latches shall be of a type that are
permanently locked from the outside and permanently unlocked
from the inside.
5-7.2. Every door that is designed to provide ingress or egress for a
dwelling unit within a multiple family building shall be equipped with
an approved lock that has a deadlocking bolt that cannot be
retracted by end pressure, provided, however, that such door shall
be open able from the inside without the use of a key or special
knowledge or effort.
SECTION 6. MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No
person shall occupy as owner, occupant or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living therein, which does not comply
with the following requirements:
6-1. HABITABLE ROOM VENTILATION. Except where there is supplied some
other device affording adequate ventilation and approved by the Compliance
Official, every habitable room shall have at least one window facing directly
outdoors which can be opened easily with an area of not less than 10% of the
floor area with a minimum of 10 square feet.
6-2. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet
compartment, and every laundry and utility room shall contain at Least the
ventilation requirement for habitable rooms contained in Section 7-1, except that
no windows shall be required if such rooms are equipped with a ventilation
system capable of providing for five air changes per hour.
6-3. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and
all public and common areas shall be supplied with electric service, functioning
over current protection devices, electric outlets, and electric fixtures which are
properly installed, which shall be maintained in good and safe working condition,
and shall be connected to a source of electric power in a manner prescribed by
the Ordinance, rules and regulations of the City of Gem Lake and by the laws of
the State of Minnesota. The minimum electric outlets and fixtures shall be as
follows:
6-3.1. Dwelling containing one or two dwelling units shall have at
least the equivalent of 60-ampere, three -wire electric service per
dwelling unit as a condition of sale_
6-3.2. Dwelling units shall have at !east one branch electric circuit
for each 600.square feet of dwelling unit floor space.
6-3.3. Every habitable room shall have at least one floor or wall-
type electric convenience outlet for each 60 square feet or fraction
thereof of the total floor space, and in no case less than two such
electric outlets, provided, however, that one ceiling or wall -type light
fixture may be supplied in lieu of one required electric outlet.
6-3.4. Every water closet compartment, bathroom, kitchen, laundry
room, and furnace -room, shall contain at least one supplied ceiling
or wall -type electric light fixture and every bathroom, kitchen, and
laundry room shall contain at least one electric convenience outlet.
6-3.5. Every public hall and stairway in every multiple family
dwelling shall be adequately lighted by natural or electric light at all
times, so as to provide effective illumination in all parts thereof.
Every public hall and stairway in structures containing not more
than two dwelling units may be supplied with conveniently located.
light switches controlling an adequate lighting system which may be
turned on when needed, instead of full-time lighting.
6-3.6. A convenient switch or equivalent device for turning on a light
in each dwelling unit shall be located near the point of entrance to
such unit.
SECTION 7. MINIMUM THERMAL STANDARDS. No person shall occupy as
owner, occupant or let to another for occupancy any dwelling or dwelling unit, for
the purpose of living therein, which does not have heating facilities which are
properly installed, and which are maintained in safe and good working condition,
and which are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments in every dwelling unit located therein
to a temperature of at least 68° Fahrenheit at a distance of three feet above floor
level and three feet from exterior walls at an outside temperature of -25°
Fahrenheit. Gas or electric appliances designed primarily for cooking or water
heating purposes shall not be considered as heating facilities within the meaning
of this section. Portable heating equipment employing flame and the use of liquid
fuel does not meet the requirements of this section and is prohibited. No owner
or occupant shall install, operate or use a space heater employing a flame that is
not vented outside the structure in an approved manner_
SECTION 8. GENERAL REGULATIONS. No person shall occupy as owner,
occupant or let to another for occupancy any dwelling or dwelling unit, for the
purposes of living therein, which does not comply with the following
requirements:
8-1. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation,
exterior walls and exterior roof shall be substantially water tight and protected
against vermin and rodents and shall be kept in sound condition and repair. The
foundation element shall adequately support the building at all points. Every
exterior wall shall be free of deterioration, holes, breaks, loose or rotting Councils
or timbers; and any other condition which might emit rain or dampness to the
interior portion of the walls or to the exterior spaces of the dwelling. The roof shall
be tight and have no defects which admit rain, and roof drainage shall be
adequate to prevent rain water from causing dampness in the walls. All exterior
wood surfaces, other than decay resistant woods, shall be protected from the
elements and decay by paint or other protective covering or treatment if 25% or
more of the exterior surface of such wood surface is unpainted or determined by
the Compliance Official to be paint blistered, the surface shall be painted. If 25%
or more of the exterior surface of the pointing of any brick, block or tone wall is
loose or has fallen out, the surface shall be repaired.
8-2. WINDOWS, DOORS AND SCREENS. Every window, exterior door, and
hatchway shall be substantially tight and shall be kept in sound condition and.
repair. Every window, other than a fixed window or storm window, shall be
capable of being easily opened. Every window, door and frame shall be
constructed and maintained in such relation to the adjacent wall construction as
to completely exclude rain, wind, vermin and rodents from entering the building.
Every open able window or other device required by Section 7-1, shall be
supplied with 16-mesh screens during the insect season.
8-3. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and
ceiling shall be adequately protected against the passage and harborage of
vermin and rodents, and shall be kept in sound condition and good repair. Every
floor shall be free of loose, warped, protruding or rotted flooring materials. Every
interior wall and ceiling shall be free of holes and large cracks and loose plaster
and shall be maintained in a tight weatherproof condition. Toxic paint and
materials with a lasting toxic effect shall not be used. Every toilet room and
bathroom floor surface shall be capable of being easily maintained in a clean and
sanitary condition.
8-.4. RODENT PROOF. Every dwelling and accessory structure and the premises
upon which located shall be maintained in a rodent -free and rodent -proof
condition. All openings in the exterior walls, foundations, basements, ground or
first floors, and roofs which have a'/2" diameter or larger opening shall be rodent
proofed in an approved manner. Interior floors or basements, cellars and other
areas in contact with the soil shall be paved with concrete or other rodent
impervious material_
8-5. FENCE MAINTENANCE. All fences supplied by the owner or agent on the
premises and all fences erected by an occupant on the premises shall consist of
metal, wood, masonry, or other decay resistant material. Fences shall be
maintained in good condition both in appearance and in structure. Wood
materials, other than decay resistant varieties, shall be protected against decay
by use of paint or other preservatives.
8-6. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures.
supplied by the owner, agent or tenant occupant on the premises of a dwelling
shall be structurally sound, arid be maintained in good repair and appearance.
The exterior of such structures shall be made weather resistant through the use
of decay -resistant materials such as paint or other preservatives.
8-7. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and
interior wall, ceilings, inside and outside stair, every porch and balcony, and
every appurtenance thereto, shall be safe to use and capable of supporting loads
that normal use may cause to be placed thereon.
8-8. FACILITIES TO FUNCTION. Every supplied facility piece of equipment of
utility required under City Ordinances and every chimney and flue shall be
installed and maintained and shall function effectively in a safe, sound and
working condition.
8-9, GRADING AND DRAINAGE. During the period May through October, every
yard, court, passageway, and other portions in the premises on which a dwelling
stands shall be graded and drained so as to be free of standing water that
constitutes a detriment to health and safety.
8-10. YARD COVER. Every yard of a premises on which a dwelling stands shall
be provided with lawn or combined ground cover of vegetation, garden, hedges,
shrubbery, and related decorative materials and such yard shall be maintained
consistent with prevailing community standards.
8-11. DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator,
or occupant shall cause any service, facility, equipment or utility which is required
under this Ordinance, to be removed from or shut off from or discontinued for any
occupied dwelling or dwelling unit let or occupied by him, except for such
temporary interruptions as may be necessary while actual repairs or alterations
are in process, or during temporary emergencies.
SECTION 9, MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION
REQUIREMENTS. No person shall occupy nor permit or let to be occupied any
dwelling or dwelling unit for the purpose of living therein, which does not comply
with th e following requirements:
9-1. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of
owners occupying a respective dwelling unit prior to June 1, 1975, the maximum
permissible occupancy of any dwelling unit shall be determined as follows:
9-1.1. For the first occupant, 150 square feet of habitable room floor
space and for every additional occupant thereof, at least 100
square feet of habitable room floor space.
9-1.2. In no event shall the total number of occupants exceed 2
times the number of habitable rooms, Tess kitchen, in the dwelling
unit.
9-2. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for
temporary guests, shall occupy a dwelling unit.
9-3. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall
have a clear ceiling height of not less than 7 feet, 6 inches, except that in attics or
top -half -stores used for sleeping, study, or similar activities, the ceiling height
shall be not less than 7 feet, 6 inches over at least 40% of the floor area. In
calculating the floor area of such rooms in attics or top -half -stores, only those
portions of the floor area in the room having a clear ceiling height of 5 feet or
more may be included.
9-4. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling
unit built after 1940 and containing two or more sleeping rooms shall have a
room arrangement such that access to a bathroom or water closet compartment
intended for use by occupants of more than one sleeping room can be gained
only by going through another sleeping room, nor shall the room arrangement be
such that access to a sleeping room can be gained only by going through
another sleeping room. A bathroom or water closet compartment shall not be
used as the only passageway to any habitable room, hall, basement or cellar or
to the exterior of any dwelling unit.
SECTION 10. LICENSING OF RENTAL UNITS. From and after January 1, 2008,
no person shall operate a rental dwelling without first having obtained a license to
do so from the City of Gem Lake as hereinafter provided. All rental licenses shall.
expire on December 31, 2010,.thereafter every two years. Licenses which have
less than one year remaining on this term shall pay one-half of the license fee.
10-1. LICENSE FEES. Fees for rental unit licenses shall be as set forth by the
City Council in a fee schedule, which the. Council shall pass by ordinance from
time to time. The fees shall be due 60 days prior to the license expiration date, in
the cases of new unlicensed dwellings, license fees shall be due upon issuance
of the certificate of occupancy, in the cases of licensing periods of less than two
years, license fees shall be prorated monthly:
A delinquency penalty of 5% of the license fee for each day of operation without
a valid license shall be charged operators of rental dwellings. Once issued, a
license is nontransferable and the licensee shall not be entitled to a refund of any
license fee upon revocation or suspension.
10-2. OWNER OR AGENT TO APPLY. License application or renewal shall be
made by the owner of rental units or his legally constituted agent. Application
forms may be acquired from and subsequently filed with the Compliance Official.
The applicant shall supply:
10-2.1. Name, address, and telephone numberof dwelling owner,
owning partners if a partnership; corporate .officers if a corporation.
10-2.2. Name, address, and telephone number of designated
resident agent, if any.
10-2.3. Name, address and telephone number of vendee, if the
dwelling is being sold through a contract for deed.
10-2.4. Legal address of the dwelling.
10-2.5. Number of dwelling units within the dwelling.
10-2.6. Description of procedure through which tenant inquiries and.
complaints are to be processed.
10-3. RESIDENT AGENT REQUIRED. No operating license shall be issued or
renewed for a non-resident owner of rental dwelling units (one who does not
reside in any of the following Minnesota Counties: Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, or Washington) unless such owner designates in writing to
the Compliance Official the name of his resident agent (one who does reside in.
any of the following Minnesota Counties: Hennepin, Ramsey, Anoka, Carver,
Dakota, Scott, or Washington) who is responsible for maintenance and upkeep
and who is legally constituted and empowered to receive service of notice of
violation of the provisions of the City Ordinance, to receive orders and to institute
remedial action to effect such orders and to accept all service or process
pursuant to law. The. Compliance Official shall be notified in writing of any change.
of resident agent.
10-4. CONFORMANCE TO LAWS. No operating license shall be issued or
renewed unless the rental dwelling and its premises conform to the Ordinances.
of the City of Gem Lake and the laws of the State of Minnesota.
10-5. INSPECTION CONDITION. No operating license shall be issued or
renewed unless the owner of rental units agrees in his application to permit
inspections pursuant to Section 10.
10-6. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause
to be conspicuously posted in the main entryway or other conspicuous location
therein the current license forr the respective multiple dwelling.
10-7. LICENSE NOT TRANSFERABLE. No operating license shall be
transferable to another person or to another rental dwelling. Every person holding
an operating license shall give notice in writing to the Compliance Official within
72 hours after having legally transferred or otherwise disposed of the legal
control of any licensed rental dwelling. Such notice shall include the name and.
address of the person succeeding to the ownership or control of such rental
dwelling or dwellings.
10-8. OCCUPANCY REGISTER REQUIRED. Every owner of a licensed rental
dwelling containing three or more dwelling units shall keep, or cause to be kept, a
current register of occupancy for each dwelling unit which provides the following
information:
10-8.1. Dwelling unit address.
10-8.2. Number of bedrooms in dwelling unit.
10-8.3. Names of adult occupants and number of adults and
children (under 18 years of age) currently occupying the dwelling
units.
10-8.4. Dates renters occupied and vacated dwelling units.
10-8.5. A:chronological list of complaints and request for repair by
dwelling unit occupants; which complaints and requests are related
to the provisions of this Ordinance, and
1.0-8.6. A..similar chronological. list of all corrections: made in
response to such requests and complaints.
.Such register shall be. made available for viewing or copying by the
•Compliance Official at all reasonable times.
10-9. LICENSE SUSPENSION OR REVOCATION. Every operating license
issued under the provisions of this Ordinance is subject to suspension or
revocation by the City Council should the licensed owner or his duly authorized
resident agent fail to operate or maintain licensed rental dwellings and units
therein consistent with the provisions of the Ordinances of the City of Gem Lake.
and the laws of the State of Minnesota. In the event that an operating license is
suspended or revoked by the City Council for just cause, it shall be unlawful for
the owner of his duly authorized agent to thereafter permit any new occupancies
of vacant or thereafter vacated rental units until such time as valid operating
license may be restored by the City Council. Any person violating this provision
shall be guilty of a violation of this Ordinance.
SECTION 11. ENFORCEMENT AND INSPECTION AUTHORITY. The City Clerk
and his designated agents shall be the. Compliance Official who shall administer
and enforce the provisions of this Ordinance and who are hereby authorized to
cause inspections on a scheduled basis for rental units, or otherwise when
reason exists to believe that a violation of this Ordinance has been or is being
committed. Inspections shall be conducted during reasonable daylight hours and
the Compliance Official shall present evidence of official capacity to the occupant
in charge of a respective dwelling unit.
11-1. INSPECTION ACCESS. Any owner, occupant, or other person in charge of
a dwelling or dwelling unit may refuse to permit free access and entry to the
structure or premise under his control for inspection pursuant to this Ordinance,
whereupon the Compliance Official may seek a court order or administrative
search warrant authorizing such inspection. Any costs incurred by the City in
obtaining said order or warrant shall be charged to the owner or occupant
refusing access_
SECTION 12. UNFIT FOR HUMAN HABITATION.
(1). Any dwelling, dwelling unit, or rooming unit which is damaged, decayed,
dilapidated, unsanitary, unsafe, vermin or rodent infested, or other which Tacks
provision for basic illumination, ventilation or sanitary facilities to the extent that
the defects create a hazard to the health, safety or welfare of the occupants or of
the public may be declared unfit for human habitation. Whenever any dwelling,
dwelling unit, or rooming unit has been declared unfit for human habitation, the
Compliance Official shall order same vacated within a reasonable time and shall
post a placard on same indicating that it is unfit for human habitation, and any.
operating license previously issued for such dwelling shall be revoked.
(2). It shall be unlawful for such dwelling, dwelling unit, or rooming unit to be used
for human habitation until the defective conditions have been corrected and
written approval has been issued by the Compliance Official. It shall be unlawful
for any person to deface or remove the declaration placard from any such
dwelling, dwelling unit or rooming unit.
12-1. SECURE UNFIT AND VACATED DWELLINGS. The owner of any
dwelling, dwelling unit, or rooming unit which has been declared unfit for human
habitation, or which is otherwise vacant for a period of 60 days or more, shall
make same safe and secure so that it is not hazardous to the health, safety and
welfare of the public and does not constitute a public nuisance. Any vacant
dwelling open at doors or windows, if unguarded, shall be deemed to be a hazard
to the health, safety and welfare of the public and a public nuisance within the.
meaning of this Ordinance.
12-2. HAZARDOUS BUILDING DECLARATION. In the event that a dwelling has
been declared unfit for human habitation and the owner has not remedied the
defects within a prescribed reasonable time, the dwelling may be declared a
hazardous building and treated constant with the provisions of Minnesota
Statutes.
SECTION 13. COMPLIANCE ORDER. Whenever the Compliance Official
determines that any dwelling, dwelling unit, or rooming unit, or the premises
surrounding any of these, fails to meet the provisions of this Ordinance, he may
issue a Compliance Order setting forth the violations of the Ordinance and
ordering the owner, occupant, operator, or agent to correct such violations. This
Compliance Order shall:
(1) Be in writing.
(2) Describe the location and nature of the violations of this Ordinance.
(3) Establish a reasonable time for the correction of such violation and notify of
appeal recourse.
(4) Be served upon the owner or his agent or the occupant, as the case may
require. Such notice shall be deemed to be properly served upon such owner or
agent, or upon any such occupant, if a copy thereof is:
(a) Served upon him personally, or
(b) Sent by registered mail to his last known address, or
(c) Upon failure to effect notice through (a) and (b) as set out in this
Section, posted at a conspicuous place in or about the dwelling
which is affected by the notice.
13-1. RIGHT OF APPEAL. When it is alleged by any person to whom a
compliance order is directed that such compliance order is based upon
erroneous interpretation of this Ordinance, such person may appeal the
compliance order to the City Council sitting as a Board of Appeals and
Adjustments. Such appeals must be in writing, must specify the grounds for the
appeal, must be accompanied by a filing fee as established by the City Council in
cash or cashier's check, and must be filed with the. City Clerk within five (5)
business days after service of the compliance order. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from, unless such a
stay would cause imminent peril to fife, health, or property.
13-2. BOARD OF APPEALS DECISION. Upon at least five (5) business days
notice to the appellant of the time and place for hearing the appeal, and within
thirty (30) days after said appeal is filed, the Board of Appeals and Adjustments
shall hold a hearing thereon. The Board of Appeals and Adjustments may
reverse, modify, or affirm, in whole or in part, the compliance order and may
order return of all or part of the filing fee if the appeal is upheld.
13-3. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for
the owner of any dwelling, dwelling unit, or rooming unit upon whom a pending
compliance order has been served to sell, transfer, mortgage, lease or otherwise
dispose thereof to another person until the provision of the tag or compliance
order have been complied with unless such owner shall furnish to thegrantee,
lessee, or mortgagee a true copy of any notice of violation or compliance order
and shall obtain and possess a receipt of acknowledgement. Anyone securing an
interest in the dwelling, dwelling unit, or roomingunit who has received notice of
the existence of a violation tag or compliance order shall be bound by same
without further service of notice upon him and shall be liable to all penalties and
procedures provided by this Ordinance.
13-4. PENALTIES. Any person who fails to comply with a compliance order after
right of appeal has expired, and any person who fails to comply with a modified
compliance order within the time set therein, upon conviction therefore shall be
punished as hereinafter provided for conviction of violation of this Ordinance.
13-5. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY.
Upon failure to comply with a compliance order within the time set therein and no
appeal having been taken, or upon failure to comply with a modified compliance
order within the time set therein, the criminal penalty established hereunder
notwithstanding, the City Council may by resolution cause the cited deficiency to
be remedied as set forth in the compliance order. The cost of such remedy shall
be a lien against the subject real estate and may be levied and collected as.a
special assessment in the manner provided by Minnesota Statutes, Chapter 429,
but the assessment shall be payable in a single installment.
SECTION 14. ALTERNATIVE SANCTIONS. Notwithstanding the availability of
the foregoing compliance procedures and the penalties, whenever the
Compliance Official determines that any dwelling, dwelling unit, or rooming unit
or the premises surrounding any of these fails to meet the requirements set forth
in this Ordinance, the. Compliance Official may issue a violation tag summoning
the responsible person into court or request the issuance of a criminal complaint
and arrest warrant.
SECTION 15. PENALTIES. In addition to any fines, costs, or assessments
provided for by this Ordinance or other City Ordinances, the City may prosecute
a violation of any provision of this Ordinance as a misdemeanor, and a person, if
convicted, may be punished by the maximum fine and term of imprisonment
provided by Minnesota Statutes § 609.02, subd. 3, as that statute may be
amended from time to time.
SECTION 16. SEVERABILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the Ordinance as a
whole, or of any part thereof, other than the part held to be invalid.
SECTION 17. EFFECTIVE DATE. This Ordinance shall take effect and be in
force from and after its passage and publication.
Dated: r eio L 7 Zqy,"
iNftlov"
Paul Emeott, Mayor Bill Short, City Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 84
AN ORDINANCE ESTABLISHING A GENERAL PRACTICE AND PROCEDURE
FOR THE LICENSING OF BUSINESSES WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1. GENERAL LICENSING POLICIES AND PROCEDURES.
1.1 The City Clerk shall be responsible for processing and issuing city licenses.
1.2 Revocation and suspension of licenses.
1.2.1 The City Council shall have the power to suspend or revoke the
license of any person licensed by the City found to be in violation of the.
terms of their license or other applicable laws, providing the person
holding such license is given 20 days' notice and granted the opportunity
to be heard before such action is taken. If and when such notice is sent to
the legal address of the licensee and he fails or refuses to appear at the
hearing, his license will be automatically suspended or revoked five days
after the date of the hearing.
1.2.2 When a license is suspended under 1.2.1, the period of suspension
shall not be less than 30 days nor more than one year, such period being
determined by the city council.
1.2.3 When any person holding a license issued by the City has been
convicted for the second time by a court of competent jurisdiction for
violation of any of the sections of a City ordinance relating to the subject
matter of the license, the city council shall revoke the license of the person
so convicted. Such person may not make application for a new license for
a period of one year.
1.3 Enforcement and Penalties. In addition to any fines, costs, or assessments
provided for by City Ordinances, the City may prosecute a violation of any
provision of this chapter as a misdemeanor, and a person, if convicted, may be
punished by the maximum fine and term of imprisonment provided by Minnesota
Statutes § 609.02, subd. 3, as that -statute may be amended from time to time.
SECTION 2. FEES. Unless otherwise specifically or expressly provided, the
amount of fees due the city for the licensed activities described in this chapter
shall be set from time to time by the City Council, and a schedule of such fees
shall be on file and available for inspection by the public.
SECTION 3. POSTING OF BUSINESS LICENSES. Business licenses, issued by
the City of Gem Lake, shall be posted in a conspicuous location in the licensed
business location, viewable to the public who visits this licensed business.
SECTION 4. SEVERABILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the Ordinance as a
whole, or of any part thereof, other than the part held to be invalid.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force
from and after its passage and publication.
Dated: Fe,4
MO/
Paul Ellicott, Mayor Bat Short, City Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 85
AN ORDINANCE FOR THE PURPOSE OF REGULATING HOME
BUSINESSES, HOME MERCHADISE SALES AND OTHER HOME
OCCUPATIONS.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION 1 _ LICENSE REQUIRED.
1..1.. Home occupations shall require a Special Home Occupation license
ifany of the following circumstances would occur more than 30 days each
year:
a) Employment of a non-resident in the home occupation..
b) Customers or customers' vehicles on the premises.
c) Manufacture, assembly or processing of products or materials on
the premises.
d) More than one vehicle associated with the home occupation
which is classified as a light commercial vehicle.
e) A vehicle and/or trailer used in the home occupation, and parked
on the premises, which exceeds a one ton payload capacity.
f) If the home occupation produces any waste that should be.
treated or regulated_
g) A vehicle used in a home occupation, and parked on the
premises, with greater than a one ton payload capacity is needed.
Parking of this vehicle shall only be allowed by the issuance of a
conditional -use parking permit issued by the City of Gem Lake.
1.2 Home occupations, requiring a license, shall be subject but not limited
to the following requirements:
a) Notraffic shall begenerated by a home occupation in greater
volumes than would normally be expected in a residential
neighborhood. The need for .off-street parking shall not exceed.
more than three off-street parking spaces for the home occupation
at any given time, in addition to the parking spaces required by the
residents.
b) No more than one non-resident employee shall be allowed to
work on the premises. Nonresident employees who work off the.
premises may be allowed to visit the premises. if an on -site
employee is parking on site, off -site employees shall not leave their
vehicles on site. If there is no on -site employee vehicle parked on
site, one off -site employee vehicle may be parked on site.
c) No vehicle associated with the home occupation, including
customers or employees, shall be parked on the street or block
sidewalks or public easements. Private vehicles used by the
residents shall not be included in this subsection.
d) .An area equivalent to no more than 20 percent:of each level of
the house, including the basement and garage, shall be used in the
conduct of a home occupation.
e) There shall be no change visible off the premises in the outside
appearance of the building or premises that would indicate the
conduct of a home occupation, other than one nameplate sign as
permitted by Section 19.6.3 of the Gem Lake Zoning Code.
f) No more than 20 percent of business income shall come from
the sale of products produced off site unless approved by the City
Council.
g) No equipment or process shall beused in such home occupation
which creates noise, vibration, light, glare, fumes, smoke, dust,
odors or electrical interference detectable to the normal senses off
the premises. If electrical interference occurs, no equipment or
process shall beused which creates visual or audible interference
in any radio or television receivers off the premises or causes
fluctuations in line voltage off the premises.
h) There shall be no fire, safety or health hazards.
i) A home occupation shall not include the repair of internal
combustion engines, body repair shops, spray painting, machine
shops,welding, ammunition manufacturing or sales, the sale or
manufacture of firearms or knives or other objectionable uses as
determined by the city. Machine shops are defined as places
where raw metal is fabricated, using machines that operate on
more than 120 volts of current.
j) Any noncompliance with this subsection shall constitute grounds
for the denial or revocation of the home occupation license.
k) The City Council may waive any of these requirements if the
home occupation is located at least 350 feet from a residential lot
line.
I) The City Council may add any additional requirements that it
deems necessary to ensure that the operation of the home
occupation will be compatible with nearby land uses.
SECTION 2. APPLICATION PROCEDURE. An application for a licensed home
occupation shall be filed with the City Clerk. Upon submitting the application, the
applicant shall also pay the license fee, which shall be set by the City Council.
Other costs for mailings made to adjacent property owners and publication fees
shall also be charged. The Clerk shall forward the completed license application
to the Planning Commission for review and recommendation to the City Council.
The City Council shall hold a public hearing on the application_ Notice of the
hearing shall be mailed, at least ten days prior to the date of the hearing, to the
owners of all properties located within 350 feet of any lot line of the property on
which the home occupation is proposed. The notice shall also be published in
the official newspaper at least ten days prior to the date of hearing.
SECTION 3. YEARLY LICENSE RENEWAL. Each person holding a license to
conduct a home occupation shall apply to the City Clerk each January for
renewal. Prior to issuance of a license renewal, the city shall determine that all
licensing conditions and city ordinances are being met.
SECTION 4. REVOCATION AND APPEAL PROCESS.
4.1 The City Clerk shall revoke a home occupation license where
compliance with the licensing conditions or city ordinances cannot be
obtained or where the home occupation has been discontinued.
Revocation may occur at any time that compliance with license conditions
or city ordinances cannot be obtained.
4.2 The holder of a home occupation license whose license has been
revoked by the city clerk may appeal the decision to the City Council. To
request an appear, a written letter or request must be submitted to the City
Clerk within 30 days of the license revocation. The City Council shall hold
a public hearing on the appeal, using the notification procedures in section
2. After conducting the public hearing, the Council may revoke the
license, allow the license to continue, or allow continuation with additional
conditions upon the license. When applying additional conditions, the
Council may direct that it receive a follow-up report at a time prior to the
annual license renewal.
SECTION 5. TRANSFER PROHIBITED. No license granted for a home
occupation shall be transferable from person to person or place to place.
SECTION 6. TRANSITION. All persons currently conducting a home occupation
shall have six (6) months from the effective date of this Ordinance to apply for a
license or otherwise become compliant with the terms of this Ordinance_
SECTION 7. OCCASIONAL SALES IN RESIDENTIAL DISTRICTS.
A) Personal vehicles, trailers, recreational equipment and similar items
may be sold in the residential areas of the City of Gem Lake if;
1) The merchandise sold is the personal property of the occupant
or property owner.
2) Sales of such personal merchandise shall be limited to no more
than two (2) merchandise items per calendar year, unless
approved by the City Council.
3) Merchandise items for sale shall not be placed in any portion
of the public right-of-way, public boulevard or required front yard
except in a designated improved driveway.
4) For Sale signs an or in the merchandise shall be limited to two
(2) square feet in size.
B) Estate, garage or rummage sales may be held in residential areas of
the City of Gem Lake if:
1) Merchandise offered for sale is the personal property of
occupant or property owner.
2) Sales shall be limited to a maximum of four (4) consecutive
days and occurring no more that two (2) times within one
calendar year per property, unless approved by the City
Council.
3) Merchandise items for sale shall not be placed in any portion of
the public right-of-way, public boulevard, or required front yard
except in the designated improved driveway to the site where
the sale is taking place.
4) Signs for such events shall be governed by Section 19 of the
Gem Lake Zoning Code.
SECTION 8. SEVERABILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the Ordinance as a
whole, or of any part thereof, other than the part held to be invalid
SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect and be in force
from and after its passage and publication.
Dated: fek
_X4/4
Paul Emeott, Mayor Bill Short, City Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 86
AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION
OR MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES
FOR VIOLATION THEREOF.
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
Section 1. Public Nuisance Defined. A public nuisance is a thing, act, or use of
property which shall:
1.1 Annoy, injure, or endanger the health, safety,comfort, or repose of the public;
1.2 Offend public decency;
1.3 Unlawfully interfere with the use of or obstruct, or tend to obstruct or render
dangerous for passage, a public water, park, square, street, alley, or highway;
1.4 Depreciate the value of the property of the, inhabitants of the City of Gem Lake or of
a considerable number thereof; or
1.5 In any way render the inhabitants of the City of Gem Lake, or a considerable number
thereof, insecure in life or in use of property. (Ordinance 16, §1, 6/17/1969)
Section 2. Definitions.
2.1. The term "City" as used herein means the City of Gem Lake.
2.2. The term "person" as used herein includes any person, firm, or corporation, and the
singular shall include the plural.
2.3. Where references are made herein to particular officers, councils, boards, or
agencies, such officers, councils, boards, or agencies are those of the City of Gem Lake.
2.4. The term "Council" as used herein means the City Council of the City of Gene Lake.
(Ordinance 16, §2, 6/17/1969)
Section 3. Public Nuisances Affecting Health, Safety, Comfort, or Repose. The
following are hereby declared to be public nuisances, affecting health, safety, comfort, or
repose:
3.1 All decayed or unwholesome food offered for sale to the public;
3.2 All diseased animals running at large;
3.3 Milk which is produced by cows which have not been tested and found free of
tuberculosis within the year previous to the offering of such milk for sale to the public;
3.4 Carcasses of animals not buried or destroyed within 24 hours after death.;.
3.5 Accumulations of manure or rubbish;
3.6 Privy vaults and garbage cans which are not fly -tight;
3.7 Dumping the contents of any cesspool, privy vault, or garbage can except at places
authorized by law;
3.8 All noxious weeds and other rank growth;
3.9 An accumulation of tin cans, bottles; or trash or debris of any nature or description;
and the throwing, dumping, or depositing of any dead animals, manure, garbage, waste,
decaying matter, ground, sand, stones, ashes, rubbish, tin cans, or other materials of any
kind on private property;
3.10 Dense smoke, noxious fumes, gas, and soot or cinders in unreasonable quantities;
3.11 Offensive trades and businesses as defined by statute or ordinance not licensed as
provided by law;
3.12 All public exposure of persons having a contagious disease;
3.13 The distribution of samples of medicines or drugs unless such samples are placed in
the hands of an adult person by someone properly licensed; and
3.14 All other acts, omissions of acts, occupations, and uses of property which are
deemed by the board of health to be a menace to the health of the inhabitants of the City
or a considerable number thereof. (Ordinance 16, §3, 6/17/1969)
Section 4. Public Nuisances Affecting Morals and Decency. The following are hereby
declared to be public nuisances affecting public morals and decency:
4.1 All gambling devices, slot machines, and punch boards;
4.2 Betting,bookmaking, and all apparatuses used in such occupations;.
43 All houses kept for the purposes of prostitution or promiscuous sexual intercourse,,
gambling houses, houses of ill fame, and bawdy houses.
4.4 All places where intoxicating liquors are manufactured, sold, bartered, or given away
in violation of law, or where persons are permitted to resort for the purpose of drinking
intoxicating liquors as a beverage contrary to law, or where intoxicating liquors are kept
for sale, barter, or distribution' in violation of law, and all liquor bottles, kegs, pumps,
bars, and other property kept at and used for maintaining such.a place;
4.5 Any vehicle used for the illegal transportation of intoxicating liquor or any unmoral
purpose;
4.6 All indecent or obscene pictures, books, pamphlets, magazines, newspapers, and
billboards;
4.7 The public use of profane or obscene language;
4.8 The Iooking into or peeping through doors, windows, or openings of private homes
by methods of stealth and without proper authority and by surreptitious methods, or what
is commonly known as "window peeping"; and
4.9 All other things, acts, omissions, or occupations that may be considered detrimental
to the moral well being of the inhabitants of the City or a considerable number thereof.
(Ordinance 16, §4, 6/17/1969)
Section 5. Public Nuisances Affecting Peace and Safety. The following are declared to
be nuisances affecting public peace and safety:
5.1 All snow and ice not removed from public sidewalks twelve (12) hours after the snow
and ice has ceased to be deposited thereon;
5.2 All wires which are strung less than fifteen (15) feet above the surface of any public
street or alley;
5.3 All buildings, walls, and other structures which have been damaged by fire, decay, or
otherwise to an extent exceeding one half their original value or which are so situated as.
to endanger the safety of the public;
5.4 All explosives, inflammable liquids, and other dangerous substances of materials
stored or accumulated in any manner or in any amount other than that provided by law or
ordinance;
5.5 All use of display of fireworks except as provided by law or ordinance;
5.6 All unnecessary noises and annoying vibrations;
5.7 All buildings and all alterations to buildings made or erected in violation of fire.
ordinances concerning manner and materials and construction;
5.8 Obstructions and excavations affecting the ordinary use of the public of streets,,
alleys, sidewalks, or public grounds, except under such conditions as are provided by
ordinance, and any other excavation left unprotected or uncovered indefinitely or allowed
to exist in such manner as to attract minor children;
5.9 Radio aerials strung or erected in any manner except that provided by law or
ordinance;
5.10 The piling, storing, or keeping of old machinery, wrecked or junked vehicles, and
other junk or debris;
5.11 The use of property abutting on a public street or sidewalk, or any use of a public
street or sidewalk, which cause large crowds of people to gather, obstructing traffic and
the free use of public streets or sidewalks;
5.12 All hanging signs, awnings, and other similar structures over public streets or
sidewalks, or so situated as to endanger public safety, not constructed and maintained as
provided by law or ordinance or without proper permit;
5.13 The allowing of rain, water, ice, or snow to fall from any building on any public
street or sidewalk or to flow across any public sidewalk;
5.14 All dangerous, unguarded machinery, equipment, or other property in any public
place, or so situated or operated on private property as to attract minor children;
5.15 The distributing of handbills except as provided by law or ordinance;
5.16 Throwing, dropping, or releasing printed matter, paper, or any other material or
objects over and upon the City from an airplane, balloon, or other aircraft, or in such a
manner as to cause such materials to fall on land in the City;
5.17 Placing entrance culverts, or doing any act which may alter or affect the drainage of
public streets or alleys or the surface of grade of public streets, alleys, or sidewalks
without proper permit;
5.18 Making repairs to motor vehicles or tires in public streets or alleys, excepting only
emergency repairs when it will not unduly impede or interfere with traffic;
5.19 Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds,
grass, or other material in the streets, alleys, or gutters;
5:20 Erecting, painting, or placing of unauthorized traffic signs orr advertising signs in
streets or alleys or on sidewalks;
5.21 All unnecessary interference and disturbance of radios or TV sets caused by
defective electrical appliances and equipment or improper operation thereof; and
5.22 All other conditions, acts, or things which are liable to cause injury to the person or
property of anyone. (Ordinance 16, §5, 6/17/1969)
Section 6. Traffic and Vehicles.
6.1 Snowmobiles
6.1.1. Incorporation by Reference. The provisions of _Minnesota Statutes, Sections
84.81 through 84.90, and the provisions of the Regulations of the Minnesota
Commissioner of Natural Resources contained in Sections 7460.5100 and 7460.5200 of
Minnesota Rules 1989,and any amendments to those statutes or regulations or substitutes.
for those statutes or regulations that may from time to time become effective, are hereby
adopted and incorporated herein by reference. (Ordinance 32B, §1, 11/21/1977)
6.1.2. Limitation of Operation. No person shall operate a snowmobile in the City of
Gem Lake except on public trails, waterways, and highways specifically designated for
such use, or on private property where lawful permission has been obtained from the
property owner, occupant, or lessee. (Ordinance 32B, §2, 11/21/1977). No snowmobile
shall be operated within any public right-of-way or on a public sidewalk or trail provided
or used for pedestrian or bicycle travel,
6.1.3. Hours of Operation. No person shall operate a snowmobile in the City of Gem
Lake between the hours of eleven (11) o'clock p.m. and seven (7) o'clock a.m. prevailing
time in Ramsey. County, Sunday through Thursday, and from one o'clock a.m. to seven
o'clock a.m. on other days, .including the day preceding a national holiday. (Ordinance
32B, §3, 11/21/1977)
6.1.4. Speed. No person shall operate a snowmobile in the City of Gem Lake at a speed
in excess of limits specifically posted for such use or at a speed in excess of fifteen (15)
miles per hour within one hundred fifty (150) feet orr any fisherman, fish house,
pedestrian, skier, skater, skating rink, sliding area, ski tow area, or other areas where such
operation would conflict with or endanger other persons or property. (Ordinance 32B, §4,
11/21/1977)
6.1.5. Tow Bars. No person shall operate a snowmobile so as to tow any person, sled, or
other conveyance except by the use of a rigid low bar attached to the rear of such
snowmobile. Persons towing disabled snowmobiles shall be exempt (Ordinance 32B,
§5, 11/21/1977)
6.1.6. Mandatory Lights. No person shall operate a snowmobile unless such vehicle is
equipped with a head light and tail light that are illuminated at all times during such
operation. Snowmobiles equipped with an engine of five (5) horsepower or less shall be
exempt. (Ordinance 32B, §6, 11/21/1977)
6.1.7. Mandatory Pennant. No person shall operate a snowmobile unless such vehicle is
equipped with a red or orange blaze pennant flag of at least forty (40) square inches in
(Ordinance 32B, §7, 11/21/1977)
6.1.8 Authorized snowmobiles. Authorized snowmobiles may be used on any public
property within the City for rescue, emergency or law enforcement purposes_
6.2 All Terrain Vehicles — (ATVs)
6.2.1. Limitation of Operation. No person shall operate an all terrain vehicle in the City
of Gem Lake except on public trails, waterways, and highways specifically designated for
such use, or on private property where lawful permission has been obtained from the
property owner, occupant, or lessee. No all terrain vehicle shall be operated within any
public right-of-way or on a public sidewalk or trail provided or used for pedestrian or
bicycle travel.
6.2.2. Hours of Operation. No person shall operate an all terrain vehicle in the City of
Gem Lake between the hours of eleven (11) o'clock p.m. and seven (7) o'clock a.m.
prevailing time in Ramsey County, Sunday through Thursday, and from one o'clock a.m.
to seven o'clock am. on other days, including the day preceding a national holiday.
6.2.3. Speed. No person shall operate an all terrain vehicle in the City of Gem Lake at a
speed in excess of limits specifically posted for such use or at a speed in excess of fifteen
(15) miles per hour within one hundred fifty. (150) feet or any fisherman, fish house,
pedestrian, skier, skater, skating rink, sliding area, ski tow area, or other areas where such
operation would conflict with or endanger other persons or property.
6.2.4 Authorized. snowmobiles.. Authorized all terrain vehicles may be used on any
public property within the City for rescue, .emergency or law enforcement purposes.
6.3 Use of Streets and Highways; Incorporating State Traffic Laws
6.3.1. Highway Traffic Regulation Act Incorporated by Reference. The regulatory
provisions of Minnesota Statutes, Chapter 169, and any amendments thereto or
substitutes therefor that may from time to time become effective, are hereby adopted as a
traffic ordinance regulating the use of highways, streets, and alleys within the City of
Gem Lake and are hereby incorporated in and made a part of this Code as completely as
if set out here in full. (Ordinance 3, § 1, 7/19/1960)
6.3.2. Penalty. Any violation of the statutes adopted by reference in 6.2.1 is a violation of
this Code when it occurs within the City of Gem Lake. (Ordinance 3, §2, 7/19/1960)
6.4 Parking Regulations
6.4.1 In General, It is unlawful for any person to stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in compliance with the specific
directions of a police officer or traffic control device, in any of the following places:.
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within ten (10) feet of a fire hydrant;
(5) On a crosswalk;
(6) Within twenty (20) feet of a crosswalk at any intersection;
(7) In a sign -posted fire lane;
(8) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or
traffic control signal located at the side of a roadway;
(9) Within fifty (50) feet of the nearest rail of a railroad crossing;
(10) Alongside or opposite any street excavation or obstruction when such
stopping, standing or parking would obstruct traffic;
(11) On the roadway side of any vehicle stopped or parked at the edge or curb of
a street;
(12) On any bridge or elevated structure of a street;
(13) At any place where official signs prohibit stopping;
(14) In front of a mailbox during the hours of 9:00 A.M. to 4:00 P.M. Monday
through Saturday. Postal carriers must be able to drive into and out of the
delivery area without backing up.
6.4.2 Winter Parking Regulations. In the event of snow accumulation of two (2).
inches or greater, no owner or operator of any vehicle shall park or allow any vehicle to
stand on any street until snow has been removed from the street. Any vehicle found
standing on the street in violation of this paragraph may be summarily removed by the
city and stored in a safe storage facility. The owner or operator shall be responsible for
the towing and storage costs incurred in removing the vehicle.
6.4.3 Penalty. Any person violating any of the provisions of 6.3.1 shall be guilty of a
petty misdemeanor.
Section 7: Weapons
7.1. No person in the City of Gem Lake shall have in his possession, except within his
own domicile, or carry, use, or discharge any air gun, "BB" gun, gas- operated or spring
gun, or any other similar type instrument for the purpose of throwing or projecting
missiles of any kind whatsoever, whether such instrument is called by any name set forth
or any other name. (Ordinance 13, §1, 1/27/1965)
7.2. The prohibition of 7.1 above shall apply in private grounds or premises under.
circumstances when such instrument can be and is fired, discharged, or operated in such a
manner as to endanger persons, property or wild animals or birds; and further provided
that nothing herein contained shall be construed to prevent the carrying of any type gun
whatsoever when unloaded and properly cased. (Ordinance 13, §2, 1/2711965)
7.3. Any person wishing to discharge any instrument referred to in 7.1 for some special.
reason or purpose must secure a written permit from the City Council. (Ordinance 13, §3,
1/27/1965)
Section 8. Curfew for Minors
8.1. Restrictions on Minors. It shall be unlawful for any minor under the age of sixteen.
(16) years to loiter, idle, wander, stroll, or play in or upon the public streets, highways,
roads, alleys, parks, playgrounds, public places and public buildings, places of
entertainment and amusement, vacant lots, and other unsupervised places in the City of
Gem Lake between the hours of ten o'clock p.m. and five o'clock a.m. the following day.
It shall be unlawful for any minor who is sixteen (16) or seventeen (17) years of age to
loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys,.
parks, playgrounds, public places, and public buildings, places of entertainment and
amusement, vacant lots, and other supervised places in the City of Gem Lake between the
hours oftwelve o'clock midnight and five o'clock the following morning. Provided,
however, that the provisions of this section do not apply to a minor accompanied by his
or her guardian, or other adult person having the care and custody of the minor, to a
minor who is upon an emergency errand or other legitimate business directed by his or
her parent, guardian, or other adult person having the care and custody of the minor, or.
where the presence of said minor in said place or places is connected with and required
by some legitimate business directed by his or her parent, guardian, or other adult person
having the care and custody of the minor, or where the presence of said minor in said
place or places is connected with and required by some legitimate business, trade,.
profession, or occupation in which said minor is permitted by law to be engaged.
(Ordinance 17C, §1, 4/21/1970)
8.2. Duties of Parents or Guardians. It shall be unlawful for the parent, guardian, or
other adult person having charge of a minor under the age of eighteen (18) years to
permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets,
highways, roads, alleys, parks, playgrounds, or other public grounds, places, and public
buildings, places of entertainment and amusement, vacant lots and other unsupervised
places in the City of Gem. Lake during the hours prohibited by this ordinance; provided,
however, that the provisions of this section do not apply when. the minor is accompanied
by his or her parent, guardian, or other adult; person having the care and custody of the
minor, where the minor is upon an emergency errand or legitimate business directed by
his or her parent, guardian, or other adult person having the care and custody of the
minor, or where the presence of said minor in said place is connected with and required
by some legitimate business, trade, profession, orr occupation in which said minor is
permitted by law to be engaged. (Ordinance 17C, §1, 4/21/1970)
8.3. Minors in Amusement Places. No person, operating or in charge of any place of
amusement, entertainment, or refreshment shall permit any minor under the age of
eighteen (18) years to remain in such place duving the hours prohibited by this ordinance;
provided, however, that the provisions of this section shall not apply when such minor is
accompanied by his or her parent, guardian, or other adult person having the care and
custody of the minor. (Ordinance 17C, §1, 4/21/1970)
Section 9. Duty of owners and occupants; removal of nuisances by City
9.1 Ice, snow, and rubbish from sidewalks. The owner and the occupant of any
property adjacent to a public sidewalk shall use diligence to keep such walk safe for
pedestrians. No such owner or occupant shall allow snow, ice, dirt, leaves, or rubbish to
remain on the sidewalk longer than 24 hours after its deposit.
9.2 Weeds. Any weeds, whether noxious as defined by law or not, growing upon any lot
or parcel of land outside the traveled portion of any public street or alley in the City to a
height of six (6) inches or greater or which have gone or are about to go to seed are
hereby declared a nuisance. The owner and the occupant shall abate or prevent the.
nuisance on the property and on land outside the traveled portion of the public street or
alley abutting on public property. The City shall give the ownerand occupant written
notice directing the abatement of such weeds, and stating that if not destroyed within ten
(10) days of the notice, the weeds shall be destroyed by the City at the expense of the
owner, and that, if not paid, the charge for such work shall be made a special assessment
against the property concerned.
9.3 Removal by City. The City Public 'Works. Supervisor may cause removal of the
nuisances specified in 9.1 and 9.2 upon expiration of the period of time given the owner
and occupant in those sections to remove the nuisance. The City Public Works
Supervisor shall keep a record showing the cost ofthe removal adjacent to each separate
lot and parcel.
Section 10. Methamphetamine Labs.
10.1 Purpose and Intent.
The purpose of this. Section is to protect the public health, safety and welfare and
to reduce public exposure to health risks where law enforcement officers have determined
that hazardous chemicals from a suspected clandestine drug lab or chemical dump site.
may exist. These conditions present health and safety risks to occupants and visitors of
such structures and land through fire, explosion and skin and respiratory exposure to
chemicals. The City Council finds that such sites may contain hazardous chemicals,
substances, or residues that place people, particularly children or adults of child-bearing
age, at risk of exposure through inhabiting the property, visiting the property or using or
being exposed to contaminated personal property.
10.2 Definitions..
102.1 "Child" means any person less than 18 years of age.
10.2.2 "Chemical dump site" means any place or area where chemicals or other
waste materials have been located,
10.2.3 "Clandestine drug lab" means the unlawful manufacture or attempt to
manufacture controlled substances.
10.2.4 "Clandestine drug lab site" means any place or area where law
enforcement has determined that conditions associated with the operation of an unlawful.
clandestine drug lab exist. A clandestine drug lab site includes any dwellings, accessory
structures, buildings, a chemical dump site, a vehicle, boat, trailer or other similar
appliance or any other area, land or location.
10.2.5 "Cleanup" means proper removal and/or containment of substances
hazardous to humans and/or the environment at a clandestine drug lab site or chemical
dump site.
10.2.6 "Controlled substance" means any drug, substance or immediate
precursor in Schedules through V of Minnesota Statutes Section 152.02. The term does
not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
10.2.7 "Owner" means any person, firm., corporation, or other entity who owns,
in whole or in part, the land, building, structure, vehicle, boat, trailer or other location
associated with a clandestine drug lab site or chemical dump site.
10.2.8 "Public Health Nuisance" means a nuisance as defined above or under
Minnesota Statute Section 145A.02, subdivision 17.
10.2.9 "Remediation" means methods such as assessment, evaluation, testing,
venting, detergent scrubbing, enclosure, encapsulation, demolition, and/or removal of
contaminated materials from a clandestine drug lab site or chemical dump site.
(New)
10.3. Declaration of Property As a Public Health Nuisance.
10.3.1. Any property containing a clandestine drug lab or chemical dump site will be
declared a public health nuisance.
10.3.2. No person may occupy, enter or allow occupancy or entrance to property declared.
a public health nuisance under this Section until such declaration is vacated or modified.
to allow occupancy.
10.4. Law Enforcement Notice to Other Authorities.
Upon identification of a clandestine drug lab site or chemical dump site deemed
to place neighbors, visiting public, or present and future occupants of the affected.
property at risk for exposure to harmful contaminants and other associated conditions,.
law enforcement officials shall notify the City Environmental Health Official_ and other
appropriate municipal, child protection, and public health authorities of the property
location, the property owner if known, and conditions found.
10.5. Seizure of Property.
10.5.1. If a clandestine drug lab or chemical dump site is located inside a vehicle, boat,.
trailer, or other form of moveable personal property, law enforcement authorities may
immediately seize such property and transport it to a more secure location.
10.5.2. Personal property may not be removed from a clandestine drug lab site or a
chemical dump site without the prior, consent from the City Environmental Health
Official.
10.6. Action by City Environmental Health Official.
10.6.1. Upon notification by law enforcement authorities, the City Environmental Health
Official or other appropriate municipal or public health authority will issue a Declaration
of Public Health. Nuisance for the affected property and post a copy of the Declaration at
all probable entrances to the dwelling or property.
10.6.2. Removal of the posted Declaration of Public Health Nuisance by anyone other
than the Environmental Health Official, law enforcement authorities, or their designees,
is prohibited.
10.6.3. The City Environmental Health Official shall also attempt to notify the following
parties of the Declaration of Public Health Nuisance:
1. Owner of the property;
2. Occupants of the property;
3. Neighbors within close proximity that can be reasonably affected by the
conditions found;
4, The Ramsey County Sheriff's Department; and
5, Other state and local authorities, such as the Minnesota Pollution Control
Agency and the Minnesota Department of Public Health, which are known
to have public and environmental protection responsibilities applicable to
the situation.
10.6.4. Any rental license issued by the City for the property is immediately suspended
upon issuance of the Declaration of Public Health Nuisance. Such license will be
reinstated only after full compliance with an abatement order.
10.6.5. After issuance of the Declaration of Public. Health Nuisance, the City
Environmental Health Official will issue an order to the property owner to abate the
public health nuisance. The abatement order will include the following:
1. A copy of the Declaration of Public. Health Nuisance;
2. An order to immediately vacate those portions of the property, including
building or structure interiors, which may place the occupants or visitors at
risk;
3. Notification of suspension of the rental license, if applicable;
4. A summary of the owner's and occupant's responsibilities;.
5. Information on locating professional services necessary to remove and
abate the public health nuisance status as provided in this Ordinance and
Minnesota Statute Section 145A.04; and
6. Information about the potentially hazardous condition of the clandestine
drug lab site or chemical dump site.
10.7. Responsibilities of Owner.
10.7.1. Upon receipt of an abatement order by the. City's Environmental Health
Official, the property owner must, at the owner's expense:
1. Immediately vacate those portions of the property, including building or
structure interiors, that may place the occupants or visitors at risk. This
includes dwellings, buildings, motor vehicles, trailers, boats, appliances or
any other affected area or location. No person shall occupy, enter or allow
occupancy or entrance to a building or structure declared a Public Health
Nuisance until such declaration is vacated or modified to allow
occupancy;.
2. ProperIy secure and post warning signs on the perimeter of any
contaminated areas on the property in an effort to avoid exposure to
unsuspecting parties;
3. Promptly contract with one or more acceptable environmental hazard
testing and cleaning firms (acceptable firms are those that have provided
assurance of appropriate equipment, procedures, and personnel, as
determined by the Minnesota Department of Health) to accomplish the
following:
A. A detailed on -site assessment of the extent of contamination at the
site and the contamination of the personal property therein;
B. Soil testing of the site and testing of all property and soil in
proximity to the site that the environmental hazard testing and
cleaning firm determines may have been affected by the conditions.
found at the site;
C. A complete cleanup of all property and soil at the site and in
proximity to the site that is found to be affected by conditions
found at the site (including but not Limited to, the cleanup or.
removal of contaminated plumbing, ventilation systems, fixtures
and contaminated soil) or a demolition of the site and a complete
cleanup of the demolished site;
D. Remediation testing and follow-up testing to determine all health
risks are sufficiently reduced, according to the Minnesota
Department of Health guidelines, to allow safe human occupancy
and use of the site and use of the personal property therein.
4. Regularly notify the City of actions taken and reach agreement with the
City on the cleanup schedule. The City shall consider practical limitations
and the availability of contractors in approving the schedule for cleanup;
and
5. Provide written documentation to the City of the cleanup process,
including a signed,written statement that the property is safe for human
occupancy and that the cleanup was conducted in accordance with
Minnesota Department of Health guidelines.
10.7.2. The property may not be re -occupied or used in any manner until the City has
obtained the written statement in. paragraph (1)(E) and has confirmed that the property
has been cleaned in accordance with the guidelines established by the Minnesota
Department of Health.
10.8. Owner's Responsibility for Costs.
The owner is responsible for all costs associated with nuisance abatement and
cleanup of the clandestine drug lab site or chemical dump site, including, but not limited
to, costs for:
1. Emergency Response;.
2. Posting and physical security of the site;.
3. Notification of affected parties;
4. Expenses related to the recovery of costs, including the assessment process;
5. Laboratory Fees;
6. Cleanup services;
7. Administrative fees; and
8. Other associated costs
10.9. City Authority to Initiate. Cleanup and Recovery of Costs.
10.9.1. If, within ten (10) days after service of notice of the Declaration of Public
Health Nuisance, the City is unable to locate the property owner or if the City
Environmental. Health Official determines that the owner refuses to, or cannot pay the
costs, or arrange timely assessment and cleanup that is acceptable to the City, the City
Environmental Health Official is authorized to proceed in a prompt manner to initiate the
on -site assessment and cleanup.
10.9.2. The City may abate the nuisance by removing any hazardous structure,
building, or otherwise, in accordance with Minnesota Statutes Chapter 463, Section 13 of
this Ordinance or by any other means provided under law.
10.9.3. If the City abates the public health nuisance,. in addition to any legal remedy,
it is entitled to recover all costs associated with such abatement plus an additional 25% of
the City's costs for administration. In addition to any other legal remedy, the City may
recover costs by civil action against theperson or persons who own the property or by
assessing such costs as 'a special tax against the property in the manner that taxes and
special assessments are certified and collected pursuant to Minnesota Statutes Section
429.101.
10.10. Authority to Modify or Remove Declaration of Public Health Nuisance.
10.10.1. The Environmental Health Official is authorized to modify the Declaration
conditions or remove the Declaration of Public Health Nuisance.
10,10.2. Such Modifications or removal of the Declaration .shall only occur after
documentation, from a qualified environmental or cleaning firm.stating that the health and
safety risks, :including those to neighbors and potential dwelling occupants, are
sufficiently abated or corrected to allow safe occupancy of the dwelling..
Seetion.1.1.. Enforcement. It. shall be the duty of the Council to enforce the provisions of
this ordinance, and the Council may, by resolution, delegate to other officers or agencies
power to enforce. particular provisions of this ordinance, including the power to inspect
private premises, and the officers Charged with enforcement of this ordinance shall take
all reasonable precautions fo prevent the com mission and maintenance of public
nuisances. (Ordinance 16, §6,.6/171.1969)
Section 12..Powers of Officers. Whenever, in the judgment of the Officer. charged with
enforcement, it is determined upon investigation that a public nuisance is being
maintained or exists within. the City, such officer shall notify in writing the person
committing or maintaining -such public nuisance and require him to terminate and abate
said nuisance and to remove such conditions or remedy such defects. Said written notice
shall be served on the person committing or maintaining said nuisance, in person or by
registered mail. If the premises .are not occupied and the address .of the owneris
unknown, service on the owner may be had by posting a copy of the notice on the
premises. Said notice shall require the owner or occupant of such premises, or both, to
take reasonable steps within a reasonable time to abate and remove said nuisance, said
steps and time to be designated in said notice, but the maximum time for theremoval.of
.said nuisance after service of said notice shall nOt in any event exceed thirty (30) days..
Service of notice may be proved by filing an affidavit of service in the office. of the City
Clerk setting forth the manner and time thereof,.
When an order so given is not complied with, such noncompliance shall be reported
forthwith to the Council for such action as may be necessary and deemed advisable in the
name of the City to abate and enjoin the further continuation of said nuisance. (Ordinance
16, §7, 6/17/1969)
Section 13. Abatement of Nuisance by Council,
13.1. Normal procedure, If, after such service of notice, the person served fails to abate
the nuisance or make the necessary repairs, alterations, or changes in accordance with the
direction of the Council, the Council may cause such nuisance to be abated at the expense
of the Council and recover such expenditure, plus an additional twenty-five percent
(25%) of such expenditures, by civil action against the person or persons served; orif
service has been had upon the owner or occupant by ordering the Clerk to extend such
sum, plus twenty-five percent (25%) thereof, as a special tax against` the property upon
which the nuisance existed and to certify the same to the county auditor of Ramsey
County, Minnesota, for collection in the same manner as taxes and special assessments
are certified and collected. (Ordinance 16, §8, 6/17/1969)
13.2 Summary enforcement. Incases where the delay in abatement required to
complete the notice and procedure requirements set forth in sections 12 and 13.1 will
permit a continuing nuisance to unreasonably endanger public health, safety or welfare,
the Council may order summary enforcement and abate the nuisance. The officer
charged with enforcement shall determine that a public nuisance exists or is being
maintained on premises in the City and that delay in abatement ofthe nuisance will
unreasonably endanger public health, safety or welfare. The enforcement officer shall
notify in writing the occupant or owner of the premises of the nature of the nuisance and
of the City's decision to seek summary enforcement and the time and place of the council.
meeting to consider the question of summary enforcement. The council shall determine
whether or not the condition identified in the notice to the owner or occupant is a
nuisance, whether public health, safety or welfare will be unreasonably endangered by
delay in abatement required to complete the procedure set forth above, and may order
that such nuisance be immediately terminated or abated. If the nuisance is not
immediately terminated or abated, the Council may order summary enforcement and
abate the nuisance.
13.3 Emergencies. The city may, without notice or other process, immediately abate
any condition which poses an imminent and serious hazard to human life or safety.
13.4 Responsibility for cost. In cases of summary or emergency enforcement, the
owner of premises on which a nuisance has been abated by the city shall be personally
liable for the cost to the city ofthe abatement, including administrative costs. The clerk
shall prepare a bill once costs have been determined and present it to the owner, due and
payable immediately.
Section 14. Assessment. On or before September 1 of each year, the Clerk shall list all
the total unpaid charges for nuisances' abatement and for each type of current service and.
charge described hereunder against each separate lot or parcel to whichthey are
attributable under this Ordinance. The Council may then levy the charges against the
property benefited as a special assessment under Minn. Stat. § 429.101 and other
pertinent statutes for certification to the county auditor and collection along with current.
taxes the following year in annual installments, not exceeding ten, as the Council may
determine in each case. Assessments may be levied for charges, including, but not
limited to:
A. Abatement of public nuisances affecting health, morals and decency, peace
and safety, and public properly as described above.
B. Removal or treatment of snow, ice, dirt, rubbish, weeds, diseased trees or
public heath and safety as described above.
C. Installation or repair of water service lines, street sprinkling, street flushing,
light street oiling or other dust treatment of streets; repair of sidewalks and alleys;
and the operation of a street lighting system.
The City Council of Gem Lake authorizes the Ramsey County Auditor and the Ramsey
County Treasurer to act as agents for the City of Gem. Lake in Ramsey County to collect
remaining balances of assessments for improvements in cooperation with the City Clerk
and City Treasurer.
Section 15. PenaIties. In addition to any fines, costs, or assessments provided for by this.
Ordinance or other City Ordinances, the City may prosecute a violation of any provision
of this Ordinance as a misdemeanor, and a person, if convicted, may be punished by the
maximum fine and term of imprisonment provided by Minnesota Statutes '§ 609.02, subd.
3, as that statute may be amended from time to time. (Ordinance 16, §9, 6/171.1969,
amended by new)
Section 16. Repealer. This Ordinance supersedes, replaces and repeals all prior
Ordinances relating to the same subjects contained within this Ordinance. Any portion of
such prior ordinances not incorporated within this Ordinance is expressly repealed.
SECTION 17. SEVERAEILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the Ordinance as a whole, or of any part
thereof, other than the part held to be invalid.
SECTION 18. EFFECTIVE DATE. This Ordinance shall take effect and be in force
from and after its passage and publication.
Dated: F L 27
Alitet
Paul Erneott, Mayor Bill Short, City Clerk
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO.91
AN ORDINANCE DEFINING THE OPERATIONS AND ADMINISTRATION
PROCEDURES TO BE USED IN THE CITY OF GEM LAKE
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
Section 1. In General
1.1 The City of Gem Lake is a statutory city and a municipal corporation organized and
created under the laws of the State of Minnesota. Gem Lake is organized as an Optional
Plan A city as allowed by Minnesota Statutes, § 412.572 to § 412.591. The City shall
have the powers and rights and be subject to the duties of municipal corporations at
common law. The. City shall also exercise the powers granted it by Minnesota Statutes,
Chapter 412 and other legislative enactments granting powers to cities.
Section 2. City Council and Mayor
2.1 The City of Gem Lake shall operate through its City Council, whose voting
membership is composed of the Mayor and four elected members, which shall exercise
all legislative and administrative powers of the city.
2.2 The term of office for the Mayor shall be four years.
2.3 Ordinances, Notices and other acts of the council required to be posted for public
viewing shall be posted in a public place to be designated by the City Council each year.
Adopted ordinances and other public notices shall also be published in the official
newspaper, to be selected by the council in January of each year.
Section 3. Boards, Commissions and Committees
3.1 The. Council may create such departments and advisory boards and appoint such
officers, employees and agents for the city as may be deemed necessary for the proper
management and operation of municipal affairs.
3.2 All actions of the advisory boards, commissions and committees shall be in the
nature of recommendations to the city council, and the commission shall have no final
authority about any matters, except as the council may lawfully delegate to it.
3.3 Each appointed body shall elect a chairperson and vice -chairperson in January of
each year. The commission may elect other officers, establish meeting times, and adopt
its own rules of procedure to be reviewed and approved by the city council.
3.4 All meetings of the Cty's boards, commissions and committees shall be open to the
public.
3.5 All members of commissions, boards, and committees shall serve without
compensation. However, approved expenses of these bodies shall be paid from available.
city funds.
Section 4: Planning Commission.
4.1 The. City Council establishes for the city a Planning Commission as.an advisory
board to the city council, as provided in. Minnesota Statute § 462.354.
4.2 The planning commission shall have at least 3 members appointed by the city
council. Alternate members may also be appointed who will take the place of regular
members who cannot make a specified. meeting: The members.shall be.residents of the.
city and may not hold an elected city public office. When possible, the council shall
select commission members to represent various:areas of the city and to help meet the
needs of residents.
4:3 The appointments of members to the planning commission shall be for three-year
terms. Upon initial appointment, the council shall appoint one- member to a one-year
term, two members to a two-year term, and two members to a three-year term. Later
appointments to till vacancies shall be to finish the unexpired part of thevacated term.
All terms shall expire on December 31 of the year in which the appointment ends.
4.4 The planning commission shall have the duty to:
(1) Prepare and recommend a comprehensive plan of development for the city.
(2) Conduct hearings and make recommendations to the city council about the
adoption of the city comprehensive plan and any amendments thereto.
(3) Study and make recommendations to the city council about implementing the.
comprehensive plan and any land use regulations,
(4) Study and make recommendations to the city council about zoning code
amendments.
(5) Review and make recommendations to the city council on development
applications, such as re -zonings, conditional use permits, variances, vacations,
preliminary plats and home occupation licenses.
(6) Accept such other and further duties as may, from time to time, be directed by
the city council, including conducting hearings.
4.5 The City Council hereby adopts and ratifies all previous actions of the citizen
committees who have served as the City's planning commissions prior to the adoption of
this Ordinance.
Section 5. Parks and Recreation Commission
5.1 The city council establishes for the city a parks and recreation commission as an
advisory board to the city council.
5.2 The park and recreation commission shall have at least three members appointed by
the city council. The members shall be residents of the city and may not hold an elected
city public office. When possible, the council shall select commission members to
represent various areas of the city and to help meet the needs of residents.
5.3 The appointments of members to the park and recreation commission shall be for
three-year terms. Upon initial appointment, the council shall appoint one member to a
one-year term, two members to a two-year term, and two members to a three-year term.
Later appointments to fill vacancies shall be to finish the unexpired part of the vacated
term. All terms shall expire on December 31 of the year in which the appointment ends.
5.4 The park and recreation commission shall have the duty to:
(1) Study and make recommendations to the city council on the collection,
maintenance and expenditure of funds in the city's park and recreation fund.
(2) Study and make recommendations to the city council on any necessary
changes to the park dedication ordinance or other city ordinances.
(3) Review and make recommendations to the city council on proposed purchases
of land for parks, trails or other recreational facilities by the city.
(4) Accept such other and further duties as may, from time to time, be directed by
the city council, including conducting hearings.
5.5 The parks and recreation commission created herein is not a park board as defined by
Minnesota Statutes § 412.511 to § 412.531, and shall not exercise the powers granted by
that statute, which are hereby reserved to the city council.
6. Severability. Should any section, subdivision, clause or other provisions of this
Ordinance be held to be invalid by any court of competent jurisdiction, such decision
shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than
the part held to be invalid.
7. Effective date. This Ordinance shall take effect and be in force from and after its
passage and publication.
Dated; ark e1 2Oo-4e,
6
Paul Emeott — Mayor
ill Short — City Clerk
Board of Supervisors
ROI;ERT J. WEI$ENBURG£R, Chafrwin
RICHARD A...SA.N❑
WILLIAM R. MANIPLE
February 12008
��at►
WHITE BEAR
TOWNSHIP
•1858
RAMSEY.COuNTY
MINNESOTA
Daniel Gregerson
Gregerson, Rosow, Johnson & Nilan, LTD
Attorneys At Law
650 Third Avenue South, Suite 1600
Minneapolis, MN 55402-4337
Dear Mr. Gregerson:
1281 HAMMOND ROAD
WHITE BEAR TOWNSHIP, MN 55110
651-747-2750
FAX 651-426-2258
Email: wbt1ci:white-bear-township.mn.i.
Enclosed, per your request, please find two fully executed original copies of the Second
Amendment to the Developer's Agreement between the City of Gem Lake and Hillary
Farm Development.
If you have any questions, please feel free to call me at 651-74.7-2758.
Sincerely,
LIAM F. SHORT
Clerk Treasurer
Jr
s:hillaryfarm
cc:file
enc.
recycled paac
CITY OF GEM LAKE
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT
THIS AGREEMENT (the "Second Amendment") is made this 20th day of March, 2007
between the CITY OF GEM LAKE, a Minnesota municipal corporation (the "City") and
HILLARY FARM, LLC, a Minnesota limited liability corporation ("Hillary Farm."),
RECITALS
WHEREAS, this City and Hillary Farm entered into a Developer's Agreement dated the
23rd day of August, 2004 ("Developer's Agreement") for the development of property to be.
platted as Hillary Farm in the City of Gem Lake;
WHEREAS, the Developer's Agreement was amended by that certain Amendment To
Agreement Hillary Farm Bituminous Road Work vs. Building Permits, executed November 8,
2004 (the "First Amendment");
WHEREAS, the City passed Resolution No. 2006-23C extending the period of
exemption from changes in Gem Lake Zoning Ordinance No_ 43G to the date of issuance of the
building permit for the final lot sold in the subdivision;
WHEREAS, by Resolution 2007-08 the City removed the requirement that the extension
is provided solely as long as Mr. McNulty remains the sole owner of Hillary Farm;
WHEREAS, the City instituted a 15% surcharge to Hillary Farm on all of the City's
consultant fees;
WHEREAS, the City and Hillary Farm have agreed on the method to measure the height
of the residences in Hillary Farm; and
WHEREAS, Hillary Farm commenced a detachment/attachment proceeding before the
State of Minnesota. Office of Administrative Hearings Municipal Boundary Adjustments Unit
captioned as D-441 Gem Lake/A-7467 Yadnais Heights (Hillary Farin Petition; 82 acres).
NOW, THEREFORE, in consideration of Hillary Farm dismissing the above -captioned
detachmentlattachxnent proceeding and the City's adoption of Resolution No. 2007-08, the
parties agree that:
I. In accordance with Resolution 2007-08 the period of exemption from changes in
Gem Lake Comprehensive plan. or "official control", including Zoning Ordinance No. 43I, is
extended to the date of issuance of the building permit for the final lot sold in the subdivision..
2. The City shall not charge Hillary Farm any surcharge on top of the City's
consultant fees.
3. The City shall calculate the height of the residences located in Hillary Farm in the
same manner as the residence located at 20 Hillary Farm Lane. That method defines height to be.
a vertical distance measured from the ground level within five(5) feet of thefront entrance of the.
structure to the top of the cornice of a flat roof, to the deck line of a mansard roof, to the point on
the roof directly above the highest wall of a shed roof, to the upper -most point on a round or
other arch type roof, to the height of the highest gable on a pitched or hip roof.
4_ Hillary Farmshall be exempt from Section 22 of Ordinance 431 enacted June 19,
2006 during the period stated in paragraph 1.
5. Except as modified or amended in this Second Amendment, the Developer's
Agreement as amended by the First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have signed this Second Amendment to be.
effective the day and year first above written:
CITY:
CITY OF GEM LAKE
By:(j
€ ;44
Paul. R. Emeott
Its: Mayor
By: 1\16katt7
Its: City Clerk
STATE OF MINNESOTA)
) ss
COUNTY OF RAMSEY )
OWNER/DEVELOPER:
HILLARY FARM,. LLC
By:
. J ies . McNulty
Its: Chief Manager
The foregoing instrument was acknowledged before me th•is ) day of
j)rw a {r , 200 y Pau1 R. Emeott, the Mayor, and William Short, the City Clerk of the
City of Gets Lake, a M esota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
STATE OF MINNESOTA)
) ss
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this (7� 1SI
day of
)kY 2007 by R. James McNulty, Jr., the Chief Manager of Hillary Farm, LLC, a
Minnesota limited liability company, on behalf of the company.
JENNIFER KATHLEEN THEIS
Notary Pubtic=Minnesota
My 0)rarn;ssian Expires Jan.31, 2010
{y�/t/�fV �N..r�1.�5/�.'1i`✓.CV�M^.M'N'V \NVWY
Farm I]eVeioprnentlitelachment-AnneicatinnlDoeumealslAuiendment 1o. Developer's Agreement 2007 11 204oc
DAVID H. GREGERSON*
RICHARD F. ROSOW-
MARK I. JOHNSON
JOSEPH A:NILAN.I
IENTIIFER M. NNE
SIARA B. GUNDERSON
DANIEL R. GREGERSON
MUSTY L WARNEN
DAVID D. HEIM
JENNIFER M. SPALDING
DAVIS A. KESSLER
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
ATTORNEYS AT LAW
650 THIRD AVENUE SOUTH
SUITE 1600
PMIINNEAPOLIS, MINNESOTA 55402-4337
TELEPHONE:. (612) 338-0755
FAX: (612) 349-6718
WWW.GRJN.COM.
November 28, 2007
Mr. William Short
White Bear Township Clerk Treasurer
1281 Hammond Road
White Bear Township, MN 55110
RE: Hillary Farm Development/City of Gem Lake
GRJN File No. 2170.001
Dear Bill:
ROBERT I. LANG, OF COUNSEL
ROGER A. PAULY, OF COUNSEL
*Also admitted in Wisconsin
tAlso admitted in North Dakota.
+MSEA Board Certified Real Property Specialist
Writer's Direct Dial: 6I2-436-7492
Writer's E-mail: clangregerson@grjn.com
Via Overnight Mail
As we discussed on November 20, 2007, enclosed please find the City of Gem Lake's
Second Amendment to the Developer's Agreement for the City's execution. Upon receipt,
please advice me when you expect the City to execute all five (5) originals. Please return two
fully executed originals to my attention. We will record one original with the Ramsey County
Recorder's office.
if you have any questions, please do not hesitate to contact me at the above -referenced
number.
Very truly yours,
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
72 'kr--
Daniel R. Gregerson.
DRGIhb
Enclosure
cc: Richard. F. Rosow, Esq.
Trevor Oliver, Esq.
City of White Bear Lake
2008 Inspection Contract
Description Costs
Inspectors hourly rate a@ $27.37 56,920
Benefits @ 20% 11,384
Total inspector's costs 68,304
Distribution percentage
Township 12.25% 8,367
Gem Lake 5.75% 3,927
White Bear Lake 82.00% 56,009
Total 100.00% 68,304
City of White Bear Lake
Exhibit A.
2008 Fire Contract
(0) Fire Operations (Budget less State Fire Aid) 643,689
Plus (I -loses & Response Items)•
($756,951-217,912) + (3,150+1,500)
Less: Fire Marshall (Salary and.20% Benefits)
($56;9.20j-11,384) (68,304).
Net Operations 475;365
Capital Improvements:
:(B) Building - Public Safety Facility Rehab (1997-2011) ($708,600115yrs) 47,240
(B) Building - Fire Building Renovation..(1997-2011) ($90,5001 t5yrs) 6,033
(B); Building Fire Building Improvements.(2005-2009) ($61,800/5yrs) 12;360
(B) Building.- Fire. Building Improvements (2006-201.0). ($34,000/5yrs) 6,800
(B} Building - Fire Building Improvements (2007-2011) ($28,000/5yrs) 5,soo
(E) Equipment- See attached schedule... 123.888
Total 677,305
(D) Dispatch. 17,717
(A) Administration (5% of net operations) .23.769
Total Fire Cost 71 8•79 1
Cost Allocation
2007/08
Total 200E
Tax Capacity: Population
Township 16,519,775 11,762
Gem Lake 1,269,056 464
Birchwood 1,668,894 945
Dellwood 3,737, 908 1,120
City 29,646.055 24.723
Total 52.841.688 39.Q04
Valuation Population Average Allocation.
Township 31..26 30.13 30.70. 220,644.
Germ Lake 2.40 1.19 1,80 12,907'A
Birchwood 3.16 2.42 2.79 20,058
Dellwood 7.07 2.87 4.97 35,743
City 56.10 63.39 59.74 429,439.
Total 100.00 100,00 190,00 7111,,791.
Dispatch Cost Analysis
D1SPATCH CALLS
DISPATCHING COSTS 2007
Budget 396,820 POLICE 12,930
AMBULANCE 2,370
FIRE 715
TOTAL 396.8Z0 TOTAL 16,015
FIRE DISPATCH COST :.
4,5% OR 17.717
CITY OF GEM LAKE
RESOLUTION NO. 2008-03
19 FEBRUARY 2008
WHEREAS, the City of Gem Lake, in prior years, approved lawful gambling by charitable non-
profit organizations within the city, and
WHEREAS, all lawful gambling for such organizations within the city limits of the City of Gem
Lake is subject to all laws and ordinances of the State of Minnesota, the County of Ramsey, and
the. City of Gem Lake, and
WHEREAS, the City Council of the City of Gem Lake reserves the right to suspend or revoke
the gambling Iicense or gambling exemption of any organization upon review and due process
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Gem Lake,
Ramsey County, Minnesota hereby approves the following gambling license(s) for the period 01
April 2008 to 31 March 2010 contingent upon compliance to all requisites of the City.
GAMBLING-LICENSE(S) NAME OPERATING LOCATION
Lions Club of White Bear Lake Country Lounge
The foregoing resolution was offered by Council Member Rasmussen and was supported by
Council Member Artig.._,Swomley and was declared adopted upon the following vote:
NAME. Emeott Watson Rasmussen Schilling Artig-Sswomley
VOTE AYE AYE AYE AYE AYE
ATTEST
I, William Short, the duly qualified City Clerk of the City of Geni 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 Gerd Lake on thedatefirst written.
.1),147.1*.
Ft . aodir
William Short, City Clerk Date
1g-1111111111j
CITY OF GEM LAKE
4707 Hwy 61 # 253
White Bear Lake, MN 55110-3227
Telephone 651-747-2790
Asa 6,44H
PUBLIC NOTICE NO. 2008-2
DATE: 20 February 2008
FROM: Paul Emeott - Mayor
TO: Press Publications, Legal Publications @ legals@presspubs.com
RE: Legal Notice To Be Published
TO OM It May Concern,
The following Legal (Public) Noticeis to be published in. the Legal Notices Section of the
XX March 2008 edition. ofthe White Bear Press. Please confirm receipt and verify content is in acceptable
form for use.
CITY DID GEM LAKE
PUBLIC NOTICE NO; 2008-2
The following Gem Lake City Ordinances.. were considered and passed by
unamious votes of all.City Council.mentbers present at the February 196,.
2008 meeting of the Gem Lake City Council. These Ordinances..were
considered at public hearings held by•thc..City Council at the XX November
2007 and on 4 February 2008 at City. Council workshops..
1) Proposed Ordiriance.No. 83 Art Ordinance creating the Gem Lake City Housing Code
:2) Proposed Ordinance 14o, 84 Busineas Liecnsing Provision and Procedures.
.3.) Proposed Ordinance No. 85 An Ordinance for the purposes of regulating
Home Businesses and other Home Occupations
4), •Proposed Ordinance No. 86 An Ordinance defining nuisances, prohibiting•their
creation or maintenance. and. providing. for
abatement and. penalties for violation thereof.
5) Proposed Ordinance No.9.1 An Ordinance formaliaing.City procedures and
establishing boards and. commissions:
Copies of. these Ordinances are available altlu. CityClerks Office at 1281 Hammond
Rd. in White Bear lake, MN and will he published.on theCity of Gem Lake webpage
at•Gemlakemn.org.
Isl Paul Emeott
Mayor of Gem Lake
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 91
AN ORDINANCE DEFINING THE OPERATIONS AND ADMINISTRATION
PROCEDURES TO BE USED IN THE CITY OF GEM LAKE
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
Section 1. In General
1.1 The City of Gem Lake is a statutory city and a municipal corporation organized and
created under the laws of the State of Minnesota. Gem Lake is organized as an Optional
Plan A city as allowed by Minnesota Statutes, § 412.572 to § 412.591. The City shall
have the powers and rights and be subject to the duties of municipal corporations at
common law. The City shall also exercise the powers granted it by Minnesota Statutes,
Chapter 412 and other legislative enactments granting powers to cities.
Section 2. City Council and Mayor
2.1 The City of Gem Lake shall operate through its City Council, whose voting
membership is composed of the Mayor and four elected members, which shall exercise
all legislative and administrative powers of the city.
2.2 The term of office for the Mayor shall be four years.
2.3 Ordinances, Notices and other acts of the council required to be posted for public
viewing shall be posted in a public place to be designated by the City Council each year.
Adopted ordinances and other public notices shall also be published in the official
newspaper, to be selected by the council in January of each year.
Section 3. Boards, Commissions and Committees
3.1 The Council may create such departments and advisory boards and appoint such
officers, employees and agents for the city as may be deemed necessary for the proper
management and operation of municipal affairs.
3.2 All actions of the advisory boards, commissions and committees shall be in the
nature of recommendations to the city council, and the commission shall have no final
authority about any matters, except as the council may lawfully delegate to it.
3.3 Each appointed body shall elect a chairperson and vice -chairperson in January of
each year. The commission may elect other officers, establish meeting times, and adopt.
its own rules of procedure to be reviewed and approved by the city council.
.3.4 All meetings. of the city's boards, commissions and committees..shall be open to the
public.
3.5 All members of commissions, boards, and committees shall serve without
compensation. However, approved expenses of these bodies shall be paid from available
city funds.
Section 4. Planning Commission.
4.1 The .City Council establishes for the city a Planning. Commission as :an advisory
board to the city.council, as provided in. Minnesota Statute § 462.354:
4.2 The planning commission shall have at least 3 members appointed by the city
council. Alternate members may also be appointed who will take the place of regular
members who cannot make a specified meeting. The members shall be residents of the
city and may not hold an elected city public office. When possible, the council shall
select commission members to represent various areas of the city and to help meet the
needs of residents.
4.3 The appointments of members to the planning commission shaII. be for three-year
terms. Upon initial appointment, the council shall appoint one member to a one-year
term, two members to a two-year term, and two members to, a three-year term. Later
appointments to fill vacancies shall be to finish the unexpired part of the vacated term.
All terms shall expire on December 31 of the year in which the appointment ends.
44 The.planning commission shall have the duty to:
(1) Prepare and recommend a comprehensive plan of development for the city.
(2) Conduct hearings and make recommendations to the city council about the
adoption of the city comprehensive plan and any amendments thereto.
(3.) Study: and make recommendations to the city council about implementing the
comprehensive plan and any land Ilse regulations.
(4). Study and make recommendations to the.city council about zoning code
amendments.
(5) Review and make recommendations to the city council on development.
applications, such as: re -zonings, conditional use permits, variances, vacations,
preliminary plats and home occupation licenses.
(6) Accept such other and.further duties as. may, from time to time, be directed by
the city council, including conducting hearings:
4.5 The City Council hereby adopts and ratifies all previous actions of the citizen
committees who have served as the City's planning commissions prior to the adoption of
this. Ordinance.
Section 5. Parks and Recreation Commission
5.1 The city council establishes for the city a parks and recreation commission as an
advisory board to the city council.
5.2 The park, and recreation commission shall have at least three members appointed by
the city council. The members shall be residents of the city and may not hold an elected
city public office. When possible, the council shall select commission members to
represent various areas of the city and to help meet the needs of residents.
5.3 The appointments of members to the park and recreation commission shall be for
three-year terms. Upon initial appointment, the council shall appoint one member to a
one-year term, two members to a two-year term, and two members to a three-year term.
Later appointments to fillvacancies shall be to finish the unexpired part of the vacated
term. All terms shaII expire on December 31 of the year in which the appointment ends,
5.4 The park and recreation commission shall have the duty to:
(1) Study and make recommendations to the city council, on the collection,
maintenance and expenditure of funds in the city's park and recreation fund.
(2) Study and make recommendations to the city council on any necessary
changes to the park dedication ordinance or other city ordinances.
(3) Review and make recommendations to the city council on proposed purchases.
of Iand for parks, trails or other recreational facilities by the city.
(4) Accept such other and further duties as may, from time to time, be directed by.
the city council, including conducting hearings.
5.5 The parks and recreation commission created herein is not a park board as defined by
Minnesota Statutes § 412.511 to § 412.531, and shall not exercise the powers granted by
that statute, which are hereby reserved to the city council.
6. Severability. Should any section, subdivision, clause or other provisions of this
Ordinance be held to be invalid by any court of competent jurisdiction, such decision
shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than
the part held to be invalid.
7. Effective date. This Ordinance shall take effect and be in force from and after its.
passage and publication.
Dated;
Paul £rneott — Mayor Bill Short — City Clerk
Board of Supervisors
ROBERT I. WEISENBURGER, Chairman
RICHARD A. SAND
W!LLIAM R. N AMPLE
February. 1, 2008
WHITE ZEAR
TOWNSHIP
1858
RAMSEY COUNTY
MI IVNESOTA
Daniel Gregerson
Gregerson, Rosow, Johnson & Nilan, LTD
Attorneys At Law
650 Third Avenue South, Suite 1600
Minneapolis, MN 55402-4337
1281 HAMMONID ROAD
WHITE SEAR TOWNSHIP, MN 55110
651-747-2750
FAX 651-426-2258
Email:. wbt@ci.white-bear-townsh ip.rnn. ri
Dear Mr. Gregerson:
Enclosed, per your request, please find two fully executed original copies of the Second
Amendment to the Developer's Agreement between the City of Gem Lake and Hillary
Farm Development.
If you have any questions, please feel free to call me at 651-747-2758.
Sincerely,.
WLII1114/
AM F. SHORT
Clerk -Treasurer
JI
s:hillaryfarm
cc:file.
enc..
recycled paper
CITY OF GEM LAKE
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT
THIS AGREEMENT (the "Second. Amendment") is made this 20th day of. March, 2007.
between the. CITY OF GEM LAKE, a Minnesota municipal corporation (the "City") and.
HILLARY FARM, LLC, a Minnesota limited liability corporation ("Hillary Farm").
RECITALS
WHEREAS, this City and Hillary Farm entered into a Developer's Agreement dated the
23111 day of August, 2004 ("Developer's Agreement") for the development of property to be
platted as Hillary Farm in the City of Gem Lake;
WHEREAS, the. Developer's Agreement was amended by that certain Amendment To
Agreement Hillary Farm Bituminous Road Work vs. Building Permits, executed. November 8,
2004 (the "First Amendment");
WHEREAS, the City passed Resolution No. 2006-23C extending the period of
exemption from changes in Gem Lake Zoning Ordinance No. 43G to the date of issuance of the
building permit for the final lot sold in the subdivision;
WHEREAS, by Resolution 2007-08 the City removed the requirement that the extension
is provided solely as long as Mr. McNulty remains the sole owner of Hillary Farm;
WHEREAS, the City instituted a 15% surcharge to Hillary Farm on all of the City's
consultant fees;
WHEREAS, the City and Hillary Farm have agreed on the method to measure the height.
of the residences in Hillary Farm; and
WHEREAS, Hillary Farm commenced a detachment/attachment proceeding before the
State of Minnesota Office of Administrative Hearings Municipal Boundary Adjustments Unit
captioned as D-441 Gem Lake/A-7467 Vadnais Heights (Hillary Farm Petition; 82 acres).
NOW, THEREFORE, in consideration of Hillary Farm dismissing the above -captioned.
detachment/attachment proceeding and the City's adoption of Resolution No. 2007-08, the
parties agree that:
I . In accordance with Resolution 2007-08 the period of exemption from changes in
Gem Lake Comprehensive plan or "official control", including Zoning Ordinance No. 43I, is
extended to the date of issuance of the building permit for the final lot sold in the subdivision.
2. The City shall not charge Hillary Farm any surcharge on top of the City's
consultant fees.
3. The. City shall calculate the height of the residences located in Hillary Farm in the.
same manner as the residence located at 20 Hillary Farm Lane. That method defines height to be
a vertical distance measured from the ground level within five (5) feet of the front entrance of the
structure to the top of the cornice of a flat roof, to the deck line of a mansard roof, to the point on
the roof directly above the highest wall of a shed roof, to the upper -most point on a round or
other arch type roof, to the height of the highest gable on a pitched or hip roof.
4. Hillary Farm shall be exempt from Section 22 of Ordinance 431 enacted June 19,
2006 during the period stated in paragraph 1.
5. Except as modified or amended in this Second Amendment, the Developer's
Agreement as amended by the First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have signed this Second Amendment to be
effective the day and year first above written.
CITY:
CITY OF GEM LAKE
By:
Paul R. Emeott
Its: Mayor
By:
Its: City Clerk
STATE OF MINNESOTA)
) ss
COUNTY OF RA.MSEY )
OWNERIDEVELOPER:
HILLARY FARM, LLC
By:
. J es. McNulty
Its: Chief. Manager
The foregoing instrument was acknowledged before me this Jay of
bri.. b 0.1 200 b Paul R. Emeott, the Mayor, and William Short, the City Clerk of the
City of Genii Lake, a Mi mesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
T1 or -
Notary Public
STATE OF MINNESOTA),
55
COUNTY OF RAMSEY )
l The foregoing instrument was acknowledged before me this iX day of
N [2007.by R. James McNulty, Jr., the Chief Manager of Hillary Farm, LLC, a
Minnesota limited liability company, on behalf of the company.
r J;rvr,F.r:r }nnn�.Mn+U1/tlzlJvLtinl�
lsuxr r
,i>4Ni'llFER KATHLEEN THEiS.
Notary Public -Minnesota
My Cali mission Expires Jan 31, 2010.
P:1Home1Hi11ary Farm DcvelopmenitDefachment-Annexation)DocumentslA.mendment to Developer's Agreement 2007 11 20.doc
DAVID H..GREGERSON*
RICHARD F. ROSOW+
MARK J. JOHNSON
JOSEPH A. N1LAN*t
2ENth'IFER M. 'NZ
SI1RA B. GUNDERSON
DANIEL R. GREGERSON
KRJSTY L. WARNEN
DAVID D. HEIM
.JENNIFER M. SPALDING
DAVIS A. KESSLER
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
ATTORNEYS AT LAW
650 THIRD AVENUE .SOUTH
SUITE 1600
MINNEAPOLIS, MINNESOTA 55402-4337
TELEPHONE: (612) 338.0755
FAX: (612) 349-6718
WWW.GRJN.COM
November 28, 2007
Mr. William Short
White Bear Township Clerk Treasurer
1281 Hammond Road
White. Bear Township, MN 55110
RE: Hilary Farm Development/City of Gem Lake.
GRJN File No. 2170.001
Dear Bill:
ROBERT L LANG.OFCOUNSEL
ROGER A. PAULY; OF COUNSEL
*Also admitted in Wisconsin
i-Also admitted in North Dakota
*MSBA Board Certified Real Property Specialist
Writer's Direct Dial: 612-436-7492.
Writer's E-mail: dangregerson@gn.com
Via Overnight Mail.
As we discussed on November 20, 2007, enclosed please find the City of Gem Lake's
Second Amendment to the Developer's. Agreement for the City's execution. Upon receipt,
please advice me when you expect the City to execute all five (5) originals. Please return two
fully executed originals to my attention. We will record one original with the, Ramsey County
Recorder's office.
If you have any questions, please do not hesitate to contact me at the above -referenced
number.
Very truly yours,
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
Daniel R. Gregerson
DRG/hb
Enclosure
cc: Richard F. Rosow, Esq.
Trevor Oliver, Esq.
City of White Bear Lake
2008 inspection Contract
Description Costs
Inspector's hourly rate @ $27.37 56,920
Benefits @ 20% 11,384
Total inspector's costs 68,304.
Distribution percentage
Township 12.25% 8,367
Gem Lake 5.75% 3,927
White Bear Lake 82.00% 56,009
Total 100.00%. 68,304
City of White Bear Lake
•Exhibit A
2008 Fire. Contract
(0) Fire Operations (Budget less. State Fire Aid) 543,689
Plus. (Hoses & Response Items)
($755,951-217,912):+ (3,150+1,500)
Less: Fire Marshall (Salary and 20% Benefits)
($55,920+11,384.) (68,304)
Net Operations 475,385.
Capital Improvements:
(B) Building - Public Safety Facility Rehab (1997-2011) ($708,600l95yrs) 47,240
(B) Building - Fire Building Renovation (1997-2011) ($90.500J15yrs) 6,033
(B) Building - Fire Building Improvements (2005-2009) ($61,80D/5yrs) 12,360.
(B) Building - Fire Building Improvements (2006-2010) ($34,000/5yrs) 6,800
(B) Building - Fire Building Improvements (2007-2011) ($28,000/5yrs) 5,600
(E) Equipment - See attached schedule, 123.888
Total 677,305
(D):.Dispatch 17,717
(A) Administration (5% of net operations) 23,769
Total Fire Cost 718.791
Cost Allocation
2007108
Total 2005
Tax Capacity Population
Township 16,519,775 11,752
Gem Lake 9,269,05E 464
Birchwood 1,668,894 945
Dellwood: 3,737,908 1,120
City 29,645 055 24.723
Total
52.841.6E8. 9.004.
Valuation Population Average Allocation
Township 3126 30.13 30.70 220,644
Gem Lake 2.40 1.19. 1,80 12,907`A
Birchwood 3.16 2.42. 2;79 20,058
Dellwood 7.07 2.87 4,97 35,743.
City 56.10 63.39 59.74 42 9 439.
Total
1Q0.00 10f30{ , 100.00, 718.791
Dispatch Cost Analysis
DISPATCH CALLS
DISPATCHING COSTS. 2007
Budget 396,826 POLICE 12,930.
AMBULANCE 2,370
FIRE 715
TOTAL 196.82E . TOTAL 1.6.015
FIRE DISPATCH COST :
4:.5°/0..OR 17.71,7
CITY OF GEM LAKE
RESOLUTION NO. 2008-03
19 FEBRUARY 2008
WHEREAS, the City of Gem Lake, in prior years, approved lawful gambling by charitable non-
profit organizations within the city, and
WHEREAS, all lawful gambling for such organizations within the city limits of the City of Gem
Lake is subject to all laws and ordinances of the State of Minnesota, the County of Ramsey, and
the City of Gem Lake, and
WHEREAS, the City Council of the City of Gem Lake reserves the right to suspend or revoke
the gambling license or gambling exemption of any organization upon review and due process
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Gem Lake,
Ramsey County, Minnesota hereby approves the following gambling license(s) for the period 01
April 2008 to 31 March 2010 contingent upon compliance to all requisites of the City.
GAMBLING LICENSES) NAME OPERATING LOCATION
Lions Club of White Bear Lake Country Lounge
The foregoing resolution was offered by Council Member Rasmussen and was supported by
Council Member Artig_Swomley and was declared adopted upon the following vote:
NAME Emeott Watson Rasmussen Schilling Artig-Sswomley
VOTE AYE AYE AYE AYE AYE
ATTEST
I, William Short, 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.
William Short, City Clerk Date