HomeMy WebLinkAbout2023 05-09 PC PACKETCITY OF GEM LAKE
Heritage.Hai1
420.0.Otter Lake Road I Gem Lake, MN 55110.
65.1 _747 2790/921651-747-2795 (fax) -
E-rnaiI city@.gemIakemn.ory
Planning: Commission Meeting —May 9, 2D23
Call to Order of PIanning Commission Meeting
By Chair Joshua -Patrick at. 7: p.n3,
Call of Roll
Patrick Farrell Cummings Pratt Wippich
Approve. and Accept Agenda and: Minutes
■ Accept the Agenda for the May 9, 2023 Planning Commission Meeting
• Approve the Minutes from April 11, 2023 Planning Commission Meeting
Public.Hearings.
4 None
Old Business
• Discussion of Nuisance Ordinance. No. 86
New Business
• None
Open Items. for Commission Membersto Bring Up.
Future Meetings
• Next City Council Meeting, Tuesday, May I6; 2023
■ Next.Planning Commission Meeting, Tuesday, June 13, 2023
o Attendance Inquiry
Adjournment -The meeting adjourned at.
CITY OF GEM LAKE
Heritage Nall
4200 Otter Lake Road I Gem Lake, MN 55.110.
- r 651-747-2790/921. 651-747-2795 (fax)
E-mail city a gemlakemn.org
Gem Lake. Planning Commission Meeting
May 9, 2023
Sign in Sheet
Name. Name
P.lease.print clearly Please print clearly
its �l��°.
City of Gem hake
Planning Comm ission--Mecting--April 11,2023
Meeting Minutes
Planning Commission Chair Joshua Patrick called the meeting to order at 7.00 p.m. Commission Met bers:Don
Cummings, Stephanie.Fan-ell and Art Pratt were:present. Not present was Cont mission Member Derek Wippich.
Also present: City .Attorney Kevin Beck, City Planner Evan Monson, Acting City .Clerk Melissa Lawrence, White
Bear Montessori Head of School Marnie McPherson, Justin McPherson, City Councilnnember Jim Lindner and
Resident Dan .Marier.
April 11, 2023 Agenda
A.motion 'was made by Commissioner Cummings to accept the agenda, seconded by Commissioner Pratt. Voice
vote. taken, ail. voted yes, inotion: passes; agenda accepted.
Minutes
A motion was made by Commissioner Pratt to approve the March 14; 2023, Planning.Commission Meeting minutes.
seconded by Commissioner:Farrell. Voice vote taken, -all voted yes,. motion passes, minutes are approved.
Public 14earin2s
Requested Ordinance Amendment to the Consolidated Lane Use Ordinanee = White Bear
Montessori School
The White Bear .School (1n 8MS) operates at 1201 County Road E Past, at the southwest corner
of the city. The parcel is zoned Executive Residential (RX), and is also identified as being. within the
Institution al. zone (tine 2017 zoning.niap refers to the Institutional Overlay as a. `Conditional
Use Institutional'), The.Consolidated Land.. Use. Ordinance states in Section i5.1 that.the purpose of the
institutional Overlay.Js for perm ittiing.uses that serve.the public, and that:are providing uses on a..nonprofit
basis. Section 15.2 lists `religious. institutions' and private child care and education facilities' as. uses that
are permitted within the.zone; Sections 15.3 and 15.4 1ists.accessory and conditional/interim uses permitted
in the overlay.
Tlie everlay zone establishes:limitations onuses within the zone. WBMS would be considered as.a 'private
child care and education facilities' use in the ordiriance. WBMS.is considering improvernents to their
facility, and. is requesting changes to the ordinarice.that Would allow for an increase in students; as well as:
potential expansion. of their existing facilities. The requested increase in students. Would be to establish a.
new maxitnurn of IV. 'Elie applicant has also requested allowing structures on the site to.occupy up to 30%
of a lot in the Institutional Overlay, and that the minimum amount of green space: on a lot in the
Institutional Overlay be reduced from 2 5 % of tine lot to 20%.
Marnie McPherson shared that the school as is right now can hold 140 students if they changed the.
common room that they have into, a classroom, bit the school would prefer to keep it as a common. roam.
Commissioner Cummings introduced a motion to open.the:public hearing on the matter at 7.07 p.m.,
Commissioner Prattseconded.the motion. All in .Favor, motion carried.
Councilrnember Jim Lindner shared that the buildingused to be a church .before it was turned into.a school.
Cou 0 ci I m ember Lindner feels that from a resident'.s perspective these changes should have been nnade a
longtime ago. aind sees nothing wrong with the plan.
Head of School Mannie McPherson shared that the school has. never grown beyond 120 stu den ts. a n d -does
have. a wait.list about.a year: and a half out. Currently there are 115 students enroIIed..The school is hoping
to expand their.eIementary pro arann'and leave the preschool as is,
Commission Chair. Patrick asked.tit ose in attendance if anyone else had any comments on the nnatter. The
public had no other comments.
Commissioner Pratt introduced .a motion to close:.the public hearing on the matter at 7:12 p.m.,
Commissioner Farrell seconded the motion. All in favor, motion. carried.
Commissioner. Pratt asked how.tIfey were planning to. expand the build ing..Mrs. McPherson: responded that
the.building.couId be added onto., but the. plan is to add an additional building in the field. instead like one
of the .Montessori schools did in St, Paul.
Cam missiori Chair Patrick.asked what the field is currently used.for..Mrs. McPherson responded that the
filed is currently a.prairie.restoration project, whicli used to be called the. "Field. afDr. earn s".There are.
three (3.) rain gardens.Iocated. in the field and many box. elder trees. have been cut down:
Commissioner. Cummings. feels that this request is reasonable.
City Planner Evan Monson recommends approval based on therecommendations prepared by himself
Which include:
L. Redlined Ordinance with proposed amendments (Page 7 of Staff:Report)
2. 20,17 Gem Lalte Zoning Map
Co iinissi.oner Pratt irtrod uced a motion to recommend approval. to. the.C..ity Council based on the
recommendations by City Planner Evan Monson, seconded. by Cam inissiart er Cummings. Voice vote taken,
all voted yes, motion passes, Zoning request.wiII be forwarded to the City. Council for approval.
Old Business
Discussion of Nuisance Ordinance No..SG
CityPlarm er Evan Monson shared that at the previous month's meeting.there. were. several items that the
Commission wants to consi.der..Commis..sioner..C.umrbings"uld like to see some alignment with White
Bear Township and White Bear Lake as the City uses both for certain services. His main areas of concern
are noise and lighting, He would also like to see some language added that references the Consolidated
Land Use Ordinance and Home Occupation Ordinance.
Corn nission Chair Patrick has received two (2) calls regarding opinions or suggestions on th e. No i sari cc
Ordinance. One call was.fram a business over in...the:business district of Scheuneman Road. The.owner was
concerned after read ing.the Newsletter and hearing: about a possible. parking ban on ScheLin ern an.
Comm is.si.on. Chair.Patri0k assured him that this is in regard s:to: the residential section :of Sche.uneman and
not the business district, Another call was from a resident on Scheuneman..Road calling about:a certain
property located near hiin.an0 how it. `ties.into the. Nuisance Ordinance.
Resident Dan Marier shared that he feels itwould be unfair to all other residents that live on Scheuneman.
Road to put a rio: parking .ban on all .of Scheuneman because of one problem property.
City Planner Evan Monson. is going to work on. putting togetherz draft Ordinance: for review for the May
meeting.
New. Busi ness
None
Open Items for Commission Members to Brintr Up
None
Future Meetings
City. Council Meeting, Tuesday, April 18, 20.23. at Heritage Hall, and. Planning Commission Meeting; Tuesday, May.
9, M3 at Heritage Hail.
Attendance Inquiry
Commissioner Chair Patrick.surveyed the.Commission to see if any of the members wouldhave any issues
attending the.May %2023 meeting. At this time all Commission Meinhers.in.attendance have.no conflicts
and Acting City Clerk Melissa Lawrence will check with Commissioner Wippich Moser to the date..
Ad
inurnment
Being there: no further business,. following a motion fi-om Commissioner .Pratt, seconded by Commissioner
Cummings, the meeting.adjourned at 7:59 p.m.
Respec jiilly submitted, Melissa I,mw!e..nce
CITY OF GEM LAKE, RASMSEY COUNTY, MINNESOTA
ORDINANCE NO.86
AN ORDINANCE DEFINING NUSIANCES, 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 I. Public Nuisance Defined. A public nuisance is a thing, act, or use of property which shall:
f. Annoy, injure, or endanger the health, safety, comfort, or repose of the public;
2. Offend public decency;
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;
4. Depreciate the value of the property of the inhabitants of the City of Gem Lake or of a considerable number
thereof; or
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.
Section 2. Definitions.
I. The term `City" as used herein means the City of Gem Lake.
2. The term "person" as used herein includes any person, firm, or corporation, and the singular shall include
the plural.
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,
4. The term "Council" as used herein means the City Council of the City of Gem Lake.
Section 3. Public Nuisances. The following are hereby declared to be public nuisances, affecting health, safety,
comfort, or repose:
'! Milk ., ... ...L__L:_ mJ..__d by o a�„s_hioh L.. rat been tested and
- Of
6-. 1_PF yy +enitsDumosters and garbage cans which are not fly -tight;
-7--2. _ Dumping the contents of any cesspool, privy vault, or garbage can, except at places authorized bylaw,
Sr3_AII noxious weeds That have erorxm to a height o! six (6) inches or greater Irnd other rank growth;
94_An accumulation of rubbish. manure, in 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, iunk.lunk tichicles or machinery sand, stones, ashes, rubbish, tin cans, or other materials of any
kind on private property;
Wr . Dense smoke, noxious fumes, gas, and soot or cinders in unreasonable quantities:
6. I radcs or businesses, not udhering to Cite- Ordinances
Nuisance Ordinance No 86
Commented IEPMI]: Commissioners should review what
does and does not need to remain in this list, or if
Lsomething should be added.
Commented [EPM2]. This is currently in section 9, can
discuss if changes are necessary 1
14-.1.__Of1ensive trades and businesses as defined by statute or ordinance not licensed as provided by law;
438_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
14:9_.AII other acts, omissions of aces, occupations, and uses of property which are deemed by the board of
health to be a menace to the health of the inhabitants ofthe City or a considerable number thereof
I. All gambling devices, slot machines, and punch boards;
2. Betting, bookmaking, and all apparatuses used in such occupations;
3. All houses kept for the purposes of prostitution or promiscuous sexual intercourse, gambling houses,
houses of ill fame, and bawdy houses.
4. Ail 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;
5. Any vehicle used for the illegal transportation of intoxicating liquor or any immoral purpose;
6. All indecent or obscene pictures, books, pamphlets, magazines, newspapers, and billboards;
7. The public use of profane or obscene language;
8. The looking into or peeping through doors, windows, or openings or private homes by methods of stealth
and without proper authority and by surreptitious methods, or what is commonly known as "window
peeping", and
9. All other things, acts, omissions, or occupations that may be considered detrimental to the moral
wellbeing of the inhabitants of the City or a considerable number thereof
hee fie_ a Pub 1ie v.,:s n ees� Asr.....:_.. nee ee and So feity rlh...:. iti....._....
1. All straw and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased
to be deposited thereon;
L2_5, toram of snow brought to From locations beyond the boundaries of the subiect mpmy_ on which it is
stored.
.3_Ail wires which are strung less than fifteen (15) feet above the surface of any public street or alley;
34_AIl buildings, wails, and other structures which have been damaged by fire, decay, or olherwise to an
extent exceeding one half their original value, or which are so situated as to endanger the safety of the
public;
4,S_Ali explosives, inflammable liquids, and other dangerous substances of materials stores or accumu lated
in any manner or in any amount other than that provided by law or ordinance;
5F6_All use ofdisplay of fireworks, except as provided bylaw or ordinance,
4.-7_AII unnecessary noises and annoying vibrations;
-7-.8_All buildings, and all alterations to buildings., made or erected in violation of building code or fire
ordinances oonceming manner and materials and construction;
Nuisance Ordinance No 86
Commented [EPM3]: One idea would be to have just one
list or nuisances, instead of multipFe sections with lists
underneath
Commented ]ERM4]: Commissioners had discussed this
at previous meeting(s)
8,9_Obstruction s ftf heir 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;
kl U. Radio aerials strung or erected in any manner, except that provided by law or ordinance;
• O. .. andzA(crrtr�
4. 1 I. All hanging signs, awnings, and other similar structures over public streets or sidewalks, or so situated as
to endanger public safety, not constructed and maimained as provided by law or ordinance, or without
proper permit;
+3 12. 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;
}4Fl3• 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;
4-6.14. The distributing of handbills, except as provided by law or ordinance:
44&15• Throwing, dropping, or releasing printed matter, paper, or any other material 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 tm
or land in the City;
�7.16._I_..:__ __:____ ..r..eFts or dein.. any- ....thstrucunns 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;
W. 7. Making repairs to motor vehicles or tires in public streets or alleys• exeept+ng only emergency repairs
when it will not unduly impede or interfere with tratTic;
0, IS. Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in
the streets, alleys, or gutters;
a#.17Erecting, painting, or placing of unauthorized tra€fic signs or advertising signs in streets or alleys or on
sidewalks;
2+20. All unnecessary interference and disturbance of radios or TV sets caused by defective electrical
appliances and equipment or improper operations thereof; and
21.
en!�tnrYo55eS5ron of except within their own domicile, or carry. use, or discharge an} airj,,un. "BB-' gun_
gas -operated gtspd!ny, Sun, or my other similar type: instrument for the purpose of throwing or prroiecting
missiles ofany kind whatsgSyer. w�helher such_insirumenl is called by any name set_fo r anyolder
name.
a. '1'heprghibition above shall a ly in rivate rounds or remises under circumstances when such
�l? p :......,..... �.
instrument can be and is tire, &,;rharged. or operated in such a manner as to endanger persons.
pj2Kn& or wild animals or birds_ and further provided that nothine herein coniaiwd shall be
construed to VrLgent [he carrying ofany type gun ujiatsoevcr when unloaded and proRgly cased
b. Anv Jerson wishing tt __d_ischarge anV instrument refcrrod to m Section x above far same RNccial
reason or puMsc mull secure a written w rmil from the C it L'ouncil
2. No proArty owner or person shall store on a regidentia
J DLqVMY a portabic storage : di sposal container unit
more than thirty [air] days in any 12-month period starting with the da% . date the container unit is First
moved nn-site.
a All - rtable sGornge: dis osai container umts must be stored on an impervious surface on the
property -
Nuisance Ordinance No 96
Commented [EPMS]: f think#9 above would already
cover this
b - The City may grant a time extension ol'an additional sixty t6O) days provided the property owner
gets City Council anprm al for the container from the City. In no case shall a ponable storage
disposal container uml he stored _on -a pror-giymore than ninety 190) days in any 12-month period
I -his provision applies to all residential pmpoies including single family homes, townhouses.
condatmmums_ and multi- family complexes.
C Portable storage disposal container units stored on residential properties in conjunction with a
bmldmg_pernit or home imnroyement project are exempt From these provisions, -except for the
requirement to keep the container unit on an impervious surface. In such case, the property owner
shall make every effort to adhere to a 120 day maximum lime limit.
d Portable storage disposal container units meeling the definition set forth in this Seetiun which are
used for regular refuse and recvcIing nick -up an commercial or industnal tMNr- -
tes-shall he
exe_mDt.
e. "Portable Storage. Disposal Contamcr Unit" shall mean any enclosed or gnen container
constructed of an} material used for temporary or long term sturati c of personal property or an)
ccntatncr used to disp[,se of solid waste, construction debris, or any other refuse.
2 1.23. All other conditions, acts, or things which are liable to cause injury to the person or property of
anyone.
2-&
Section 6. Traffic and Vehicles
6.1 Snowmobiles
1. Incorporation by Reference. The provisions of Minnesota Statutes, Sections 84.84 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 i989, 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.
2. Limitation of Operation. No person shall operate a snowmobile in the City of Gem Lake except on public
wails, 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 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.
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 (1 ] o'clock a.m. to seven (7) o'clock a.m. on other days, including the day
preceding a national holiday.
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 as a speed in excess of fifteen (15) miles per hour within one hundred
fifty (l50) feet of 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.
5. Tow Bars. No person shall operate a snowmobile so as to tow any person, sled, or other conveyance,
except by the use ofa rigid low bar attached to the rear of such snowmobile. Persons towing disabled
snowmobiles shall be exempt.
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.
Nuisance Ordinance No 86
Commented [EPM6]: Sum e corn mun ities have traffic
related regulations in a standatone ordIna ace
7, Mandatory Pennant. No person shall operate,a snosvmobfie unless such vehicle i.s equipped with a red or
orange blaze pemnant fang *fat least forty (40) square incho in area and.displayed .ai: a height of. not Less.
than five (5) feet above the roadway,
8. Authorized Snow mobi les; Authoriz,c mowmobiles.may be used.on any public property within the -City
rut. rescue, emergency or laly enforcement purposes.
6.2 Ail -Terrain Vehicles — [ATVs)
1. Lirriitation of Opera Iion. Nn. person shall operate all all -terrain vehicle in the.Cityof.oem I.akr except on
publictraiIs,.waterways, and highways sped fieally designated for sucli use, or on private property where
lawful permission Iras been obtained from the propertyowner, occupant, or lessee. No all -terrain vehicle
shall be operated within any public right-of-wayor on a public sidelvalk or trail ptevided:or used for
pedestrian or bicycle travel.
2. flours of Opera fib n. No person shall operate.an all -terrain ;vehicie; in the City of Gem Lake between the
hours ofeleven (11) o'clock p.m. and seven (7)o'cIock a,m prevatiing;iime in Ramsey County, Sunday
through'I humday, and from one (1) o'clock a.m. to: se en [7) o'clock: s:A_ort other days, including the.day
preceding a nationaIholiday.
3. .Speed. No person shall operate an all -terrain vdbicle in the City ofGem LakeaVaspecd in excess of limits
specifically posted for such use or as a speed in excess. of f Aeeu Q5) -miles per hour. within one hundred
ffty(150) feet ofany'iisherman, fish house, Pedestrian skier,skater, stating rink, slidingarea, ski tow
area, or other areas where such nPethggrn «vuid con ict tyitli nr;'endangcr other persons'or property:
4: Authorized Ail -Terrain Veld eles. Atrthorie hall -terrain vehicles maybe used on any public property
within the City for rescue, emergency or;law enforcement purposes::'::.
6.3 Use of Streets and 1ligltryays; liieorporating State.Traftic;li aws::.:,
1. highway Traffic Regulation ActIncdrporated by Reference. The regulatory provisions 0FMinnesota
Statutes, Chapter I69 and any amendments thereto: or.substittites therefor that in ay. from limeto time
become effective; are+hereby aduptod as;atrai�c Ordinance regulating the .use.ofhighways,stteets, and
al]eys:yyithin :t}ie.CilyoCGem [ ake`andateireteby nicuTorated in and made part of this code as completely
as:dwv'Quf iiere:in full.
2. Penalty. Any vioI.ation of..the statutes:adopted by reference inG.2.1 is.a violation of this Cndewhcn it
oecurs:)viihin the City 04; m Lake:'..';:;.:,
6.4 Parking Regulations
1. In Gencral. it is unlawf4l for any person to stop, stand or parka vehicle,.cxcept when necessary,to avoid
con. [lict with other trafliear.in compliance with.the.specific directions ofa police oflicer or traffic control
device, in any. ofthc following places.:
1) Onasidewalk;
2).. In front .ofa public or private Anvett'ay;
3) Within an.inmrsection;
4) Within ten {10) feet.0fa fire hydrant;
4) On a.cromvalk:
NLIIMMc Ord imnm No aG 5
6) W ithin 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 controi signal
located at the side ofa roadway;
9] W ithin fifty (50) Feet of the nearest tail of a railroad crossing;
10) Alongside or opposite any street excavation or obstruction when such stopping, standing or
parking would obstruct traffic;
I 1) 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] 1n front of a mailbox during the hours of 9:00 a. in, to 4:00 p.m. Monday through Saturday. Postal
carriers must be able to drive into and out ofthe delivery area without backing up.
2. Passenger Vehicles. No passenger vehicle shall be parked on any street within the City of Gem Lake for
more than seventy-two (72) consecutive hours.
3. Winter Parking Restrictions. The parking ofany motor vehicle upon any road or street in Gem Lake is
prohibited between the hours of 2:00 a.m. and 6:00 a.m. from November I'through April I of each year,
4. San wfa11 Restrictions. No motor vehicle shall be parked on any street or boulevard within the City of Gem
Lake after a snowfall of one (1 ) inch or more which necessitates the plowing and removal of snow from the
streets and boulevards in the City until such time as the plowing and snow removal is completed. No motor
vehicle, trailer, or other obstruction shall be located within two (2) feet of any street or boulevard after a
snowfall of one (1 ) inch until such time as the plowing and snow removal has been completed.
5, Enrorcement.af Parkine [tee=_elAtint] 9. When the Cit}Counc11, w are officer or agcnc} as desi gnated by
the C'lly CounceI to enforce this Ordinance, anN "•mi!nkin 0y Neykmv U1Treer--finds a vehicle standing or
parked on any street in violation ofthis Ordinance, such officer is hereby authorized to move such vehicle
or require the driver or other person in charge of the vehicle to move the same. When the Crt} Councelyor
an olFcrr ❑r aienc • as dgs i L, nated InE the t'it Council to aniiuce this Ordeance. ^-vfinds a
vehicle unattended and standing or parked in violation of this Ordinance, such officer es hereby authorized
to provide for the removal of such vehicle and remove the same to the nearest convenient garage, outdoor
area or other place of safety, and such vehicle shall not be removed therefrom unlit reasonab3e costs of
moving and staring the same have been fully paid. In the event that any vehicle held or stored under the
direction of a police officer upon which there are charges for storage or lowing, or both, is not reclaimed,
recovered or taken by the vehicle owner thereof, there shall be deemed to be imposed upon such vehicle a
Possessory Lien in the amount so charged and unpaid, and should the owner thereof fail to pay the same.
then the Possessory Lien may be foreclosed in the manner provided by law.
6. Penalty. Any person violating any ofthe provisions af(ftliic s ctnm shall be guilty ofa petty
misdemeanor.
Nuisance Ordinance No 86
Commented [EPM71. Some cities specifically limit the p
of vehicles that can be parked on residential properties. R is
also not uncommon to see limitations of less than 72 hours
for street parking
Commented [EPM8]: City may want to review the
enforcement and penalties of this section, as tt is different
than that of other sections
Commented [EPM9]: Alcoved this above to the list of
nuisances, city can discuss if it needs to remain in ordinance
Section & Curfew for Minors
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 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 twelve 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 a required by some legitimate business, trade, profession, or occupation in which
said minor is permitted by law to be engaged.
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, public 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, or occupation in which said minor is permitted by law to be engaged.
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 during the hours prohibited by this ordinance; provided, however, that the provisions of this seotion
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.
Commented [EPM101. Can remove, items are mentioned
elsewhere already
Commented [EPM11)' Already covered in section 5
Commented [EPM12]: Already listed In section 3
Nuisance Ordinance No 86
insve the
fffH'>anee The rya.. n, a.l:., WOOL.. .. c._,.., ON BF Rha11 l d ,.6..,..o ng;h. _c n @xcni.r81-H[�tBE�eFIt
to etKh-sepitrg{e-}nt and parM-
D — "' rH:..— The A.118%9n g d0C,,.:l,,... 'iil&11,.,pp!N' ES IF�A&F
Section IL Methamphetamine Labs..
1. Purpose and intent.
The purpose of this Section is to protect the public health, safety and welfare and 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 ihrough
inhabiting the property, visiting the property or using or being exposed to contaminated personal property-
2. Definitions.
1) Child — means any person less than 18 years of age.
2) Chemical dump site — means anyplace or area where chemicals or other waste materials have
been located-
3y Clandestine drug lab —means the unlawful manufacture or attempt to manufacture controlled
substances-
4) Clandestine drug lab site - means any place or area where law enforcement has determined that
conditions associated with the operation of unlawful clandestine drug lab exist- A clandestine drug
lab site includes any dwellings, accessary structures, buildings, aChem ical dump site, a vehicle.
boat, trailer or other similar appliance or any ocher area, land or location.
S] Cleanup — means proper removal and/or containment of substances hazardous to humans and/or
the environment at a clandestine drug lab site or chemical dumpsite,
Nuisance Ordlaa* ct No M
Commented [EPM13], Moved this up with the Est of
other nuisances
Commented [EPM74], Some Communities have this.
separate/standalone ordinance
6) ControIled. suhstance - rh ans any druj; substance or ifin mediate precursor inScheduIts 1.
through V of Minnesota Statutes Section 152.02. The Term does not include distilled spirits, wine,
malt.beverages-intoxicalins liquors or tobacw.
7) Owner- means any person; firm, corporation, or other:61ity who owns, in whole or in part, the.
land, building, structure, vehicle; boat, trail eror.other location associated with a clandestine drug
IA site or chemical dump site:
S) Pu6lip Ilan I(it Nuisance- means a.nuisanee as defined above or under Minnesota Statute Section
145A,02• subdivision 17,
9). Re in eliation - means methods such as assessment, evaluatian, teslin$, vc5ting, detergent..
scrubbing, enclosure• encapsulation; demolition, andlor removal af'con taminated materials from a
clandestine drug lab site. or chemical dump sits.
3. DeeEaration of Frnperty as a Public Health Nuisance.
.1) Any propertycontafning a clandestine.drus lab,:ai:chemicaI dintip:site will be declared a public
health -nuisance•
.2). No person may occupy, enter or allo%v occtipamy or entrance to property declarod u public.health
nuisance under this Section until suchARd-larationis vaetled or modifieii:to allow occupancy.
4. La` E0foreement Notice to Otber Authorities.
Upon identification mfa clandest4m.drus.lab site or chemical:dump site decmed to place neighbors, visiting
public, or present and future occupants: of the affected property at risk forexpbsttrc to harmful
contaminants and otherasso6ated conditions, lairvenforcerrientofficials:shalI notify the City
Environmental E•ieiiltlr..Official an. other.;appropriate :municipal, child protection, and pub] ic. health
authorities rifilic property location, the properly owner:iF3 own,- and Wnditions fervid.
5. Sei�ure:gf 1'rolierty.
ij Ifa clandestine drag. labor chemical durnp`site is located inside a vehicle. beat, trailer, orother
form.o£nro�eable personal property, law. enforcement authorities may immediately seize such
property and tramport.! t. WA moo, secure locatictr,
2) Personal: property rmiy pet be removed from a:clandestine drug lab site or a chemical dump site
«ithout the:priorcon sw from the City Environmental Health Official.
6. Action by City L rivirmrimcntal leee}t#-Ileahh OffICW.
1) :Upon notificalion bylaw enforcement authorities, the City Environmental health Official or other
appropriate municipal orpublio health authority will issue a: Declaration. ofPublic 14ealth
Nuisance for the affected. property and post a copy ofthe.Declaration at all probable.entrances:to
the dwelling or property.
2) Removal oF'the. posted Declaration of Public. Hcallh Nuisance by anyone other than the
Kbvironmental health Off cial,.Iaw. en£orcemuut authorities,.or their designees, is prohibited.
3) The City Environmental Health Off] cia] shall also attempt. to:noti Fy the following parties. afthe
Declaration of Public l-lealth.Nuisance .
is Owner efthe property;
iL Occupants of.the property;
HL Neisilbors.wit hin close proximity that can be reasonably affecteti by. the conditions
found;
'the Ramsey County. Sheri Ws Department; and
Nuisance Ordinanc Na 86
Y. Other state and local autltoritics, such as [be Minnesota Pollution Control Agency and the
Minksow Dopart ment.of Nibli c. Heal th, which are known.to have public and
environmental protection responsibilities apolicable :16 the situation.
4) Any rental Iiccrisc'-issued by the City.for the. property is immediately siispended.upon issuance. of
the Declamtion ofPubticHealth Nuisance. Such license will be. reinstaletl pnly a Rer toII
complianm with an abateinent order.
Si. .ARer issuance of* Declaration of Public I.I. ea Ith Nuisance, the City Environmental Health
Officia) twill issue an.. order to the property owner to abate the public health nuisance: The
apawmentorder will includo thc:f6116wing:
I. A.copy. of the .PeclarationoFPublicHen 11h.Nuisance,
ii. An orderto immediately vacate those portions:4. property, mciudirig 6uildingor
structure. interiors, which Wray place the occupants or visitors at risk:
iii. Notification ofsuspensioii or the rental`ifccrise, iFapplicable;
IV. Asum mary ofthe owner's and:acdiiparirs responsibflifies;
Y. dnformation on locating professional scrvicesneeessary to n-move and abate the publio
health nuisance status as }1rovtded:i..n.this.C]rdinatice and Minnesota Statute Section
14M,14', and
v}. Information about :ihe:potentially hWrAous: condition of the: clan dt:stii edrug.]ah site.or
chemical dump site .::..:':.:.
Responsibilities of Own cr,
1) Upon receipt of an. abatement Weir by the City 's:T nvirantneittal.HeallhOfTcial, the properly
owner.must, e:aiv}iers expens'c,
i.:: linmediately i'acate those portions:ofthe property.,including building ur structure
inferiors that may:place the occupants or visitors at risk. This. includes dwellings,.
but ldhip, motor.: Vehicles, trailers„ boats; appliances or any other affected area or
location.::TlO pegsowshaII occupy; qni eror:alIow occupancy or enttaric6 t6a building or
structure declared a PuSH6 ieialth:Nuisance until such declaration is vacated or modified
to:allow occupancy;
ii. Projrerly;secure and.gostwarning sigbs`oti tlic perimeter of.ariyt contaminated areas on the
propertyin.an effortzo avo'id exposure to unsuspecting parties;
;tii. Promptly.cotitract twith one.or murc acceplable environmental hazard testing and cleaning
firms {acccpta&le. firms are tliose.that liavepro�ided.assurance of appropriate egtiipment,
procedures; and personnel, as determined by the Minnesota Department ofllealth) to
acccmplish the.following
1::: Adetailed on -site assessment orthe extent ofcontatninaiion at the silt and the
contamination oftltc personal propcny therein;
Z. Soil testing oFthe site: and testing ofa]I properly and soil in.proximily to the site
that the environmental hazard testing and cleaning Form dEILmi nes.may have
been affected by the conditions fount] at the site;
3. A complete cleanup ofall 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 tp, the cleanup or removal ofcon(aminated.plumbing, ventilation
systems, rpxiures and canaaininated soil) ora demolition ofthe site and a
coinpictc.cicanup ofthc demolishLd site;
Iuknt ir:Ordinance No$6
4. Remediation testing and follow-up testing to determine alI.licalth risks am
.sufficiently reduced. accuding.to the Minnesola.Departntum o£1leahh
guidelines; to allow sale human occupancy and use:vfthe site and use .of.the.
personal properly. therein,
iv: Regularly notify the City: of Action a. taken and reach agreement with the City on the
cleanup.schednle. The City shall consider practical limitations and the availability of
cotitractors.ih approving the schedule for.cleanup; and
v. Provide: written documentation -to the. City of the.cicanup process, including a signcd,
written statement that the. property is safe for human. occupancy, and tbatthe cleanup was
conducted hi accordance with Ivliitnesota.I]cpartmentofHeal lh guidclines
.
2) The property may. not be- re -occupied or used in any mani eruntil the City has obtained the. virilten
statement in paragraph (l)(E.)and has cool-trmed thaL,ih ' roperty lias been cleaned in.accordance
with the guidelines.established by the .Minnesala._bedazi rrient of Health,
8. Olviier's:Rcsponsibility for Costs..
The owner is responsible for all costs amociated;witI nuisance abatement"and-cleanup. of the: clandestine
drug lab sire or chemical dump site, including,.hiiii3ot limited fo, costs for:'':'::'
1] Ennergency Response;
2j Posting and physicai.seeurity of the site;
3] NofificationSofaffected.par[ie5;:;.:.,
4] Expenses. related to the recovety,af costs nciudingthe assessmrnt process;
5] Laboratory.Eces;;:
G] CleanupscMces; '
7.] AdmiItis4tt Yc.fees; and :
8] Other a.ssociiiteil'Casts.:.;:
9. City:ilufhority 3o Init' C,leauup and t eeovery. of Costs:
1) If, within ten (10) days'a6l.service ofribiicc of the Declaration of.}'ubIic Health Nuisance, the..
City is unable tiilocateihc'prnperty ocrner or ifthe City Env Health. Official determines
that the owner refuses to, or cannot pay the costs, or arrange timely assessment and cleanup that is.
a6ceplable.to.the di&.'.thc.City Erivironmental- Heal th Official is. authorized to proceed in a prompt
maiinerto initiate tiie;on-5ite assessment and cleanup.
2) The City tray abate.tii-mfkanoe by removing any hazardous structure, building, or otherwise in.
accordance. -with Mtnfiesota. Statutes Chapter 463, Section :14 of this Qrdinance or liy.any other
mean provided:uridY law_
3) if the Cityabates the public health nuisance, in addition to any legal remedy, it is entitled to
recover all costs. associated with such.aaatenicntplus an:additionai:25%oftltr Cay's.costsror
adniinislration. In: addition to uny otlterlegal remedy, the City may recover costs by civil action
against the prison or persons who own theTroperty in the:matter that taxes and special
assessments are certified and collected pursuant.to Minnesota Statutes Section 429.101.
10. Autharityto hfodifyar Rem oveDcclaration of Public Health tiuisance.
l) The Environmental Health Official is authorized to modify. the Declaral ion conditions or remove
the.Decfaration ofPublic 11calth Nuisance,
Nuisance Ordinance No 86 i t
2) Such modifications or removal of the Declaration shall only oocur 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.
Section 12. Enforcement. ]t shall be the duty ofthe Council to enforce the provisions ofthis Ordinance_. Rnd Fib
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 or a ccharged with enforcement
of this Ordinance shall take all reasonable precautions to prevent the commission and mairnenance of public
nuisances.
Section 1413, Abatement of Nuisances.
1. Procedure. Exccpt as otherwise provided within this Ordinance, whenever the officer charged with
enforcement determines a Public nuisance is briny, maintained or erlsts on a premise in the City, the officer
shall notify in writing the owner of record or occupant of the Mmises ofsuch fact aLnd order that the
nuisance be terminated and abated. The notice ofyinlatioR shall specify the steps to be Laken to abate the
nuisance and the: time within which the nuisance rs to be abalcd if the notice ofviclation is not cornplird
voth ,within_the specified time, the officer shall rcDort"fact to the 0tv Council. 1-herealler, the City
Council may, after notice to the owner or occupant and an opportunity to be heard_ determine that she
condition identified in the notice ofviolatton is a nuisance and order that ifIhe rBYicWice is not abated
within the time pre'scrihed by the City Council. the City may seek injunctive reIief,by serving a Corry of the
council Order and at Notice of Mononfumsntoohain an administraLNe search
m,
warrant for access to the premises or property has been denied, and abate the nuisance. In those cases
where the nuisance pertains to noxious weeds, rank growth and grass and weeds as defined in Section
210.010[f3M4L the City Council afterm-tioemd_hearing may_gause the nuisance to be abated immed lately
In the City. In thou cases where the nuisance his been recurring and can be abated by reasonable
maintenance procedures, the City Councrl's order to abate chalk he cfTeclive for up to Iwo I i }cats
2. Notice. Written notice of Vm violation noti of tf,e t me e ] cc a s eel ufan hcann hclure the
l'ny Co-Liw l: n_osicgLof the City Council Ord".. and Notiec of Motion for Summary Enforcement hearinr_
shall be served by a peace ofticcr ar a dcsi gny aced of iciat tin the owner of rucord,or accuu t of [he
pumices. either in person orb certlfed or registered. mail_ li'the�remEse is not,occgpi the nKner of
record is unknown, or if the owner of record or occupant refuses to accept notice, notice of the violation
shall be served bypost ing it on the premises,
3. Emereencv ProeedurOSuminsry En fareerrtent. In cases of an errtergcncv where delay will rCR!u?t a
continuing nuisance to ur1reasonably endanger public health, safety or we]rare, the City may Orden
summary enfuneincnt and g1 ate_the nursance,__fopruceed K2th summary. enf�rceing t, the officer or
dcsignat_ gd afficial.shall does inothat a public nuisance gists or is being maintained on the premise in the
endangered by delay to abatement n:quired to complete the procedures set forth in subdivision 210.021 A
and may order that the nuisance be imined iately term inalLYd or abated If the nuisance is nol immW- ialclk
terminated or abated. she City may order summury enforcement and abate the nuisance
a, Immediate Abatement. Nothing in Ibis section shall prevent the,C ih, without notice or other process.
from i m media Lely ativiag nmy-condition thatD%0 W imminent an�scriyus agX"ttt human life a safety.
5. Judicial Remedy. Nothina in this swion shall arcvcnI lice CiIv from seekinu a iudicial rem edv when no
other adcquate administrative remcd) exists
Section -"1#. Recovery of Costs.
1. Record of Abatement Cost. The City shall keen a record of the costs of abatements, inc€Lid ing
adminrstrativ_e_cosas done under this ordinance and shall report monthly all work done io the appropriate officer fur
which assessments are to be made, stating and cerrtlynng the dcscripuon ol'lhc land, lots, parcels involved and the
4MV t3L A=ssablc to each.
Nuisance Ordinance No 36
Commented DEPM15]: could move thls, the abatement,
and recovery of costs sections up ahead of secf*n I
Commented [EPM16): The changes below WHze Tl
abatement Language from Shoreview, a city that uses a
process our attorney knows
2. Personal liability. The owner of premises on which a nuisance has been abated by the City_ or a person
who has caused a public nuisance on property not orvncd by Ihat z*rrson shall be personally liable for the cost of the
abatement_ including administrative costs. As soon as the work has been completed and the cost determined, the
C tt) shall nroare a bill for the cost and mail it to tht d Kner Fherru m the amount shall bg!. iMmedrja}rlv_du_e and_
payable at Elie (11)'s adrnmistrativc office
3, Assemment. After notice and hearinst a,, proviJcJ in Minnesota Statutes Section 429 061`a_s it may k
amended rrom time to time, if a nuisance is a public hvaIIh or safcle hazard tin pn.ate or public the City Clerk shall.
on or before September 1 nest follawrne ahatemem of the nuisance list the total un vaid charges alon iz with all other
such charges as we]I as other charges lot current senices to be assessed under Minnesota Statutes, Scelion 4 29. 10 1
axtarnsi each se-parate Irn or parcel to which the charges are attrrhutahle. The City C'gunriI may then spread the
chargcs against the property under the provisions of Mmnesata statutes Section 429 and any other pertinent Statutes
tot ertiiiranon to the County Auditor and coIiecuan a ,()rk with current taxes the following year or in annual
installments, nat cxcceding tea, as the C t} Council may dctcrmine m each case
Section U15. Penalties. In addition to any Fines, costs, or assessments provided for by this Ordinance or other City
Ordinances, the City may prosecute a violation ofany provision ofthis Ordinance as a misdemeanor, and a person,
if convicted, may be punished by the maximum It ne and term of imprisonment provided by Minnesota Statutes
609.02, subd. 3, as that statute may be amended from time to time.
Section 17-6. 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 +817. 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 shalt not affect the validity of the Ordinance as a
whole, or of any part thereof, other than the part held to be invalid.
Section 491 S. Effective Date. This Ordinance shall take effect and be in Faroe from and after is passage and
publication.
Dated:
Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk
Updated: September21, 2021 — Added language in regards to Portable Storage 1 Disposal Container Units
Updated: December 20, 2022 — Added language in regards to parking regulations and winter parking regulations
Nuisance Ordinance No 86