HomeMy WebLinkAbout2023 06-13 PC PACKETCITY OF GEM LAKE
Heritage. Nall
4200 Otter Lake Road I Gem Lake, MN 55110
651-747-279.0/92 1651-747-2795 (fax) z „
E-mail crty 2cgernlakemn.org
Planning Commission Meeting.— June 13, 2023.
Call to. Order of Planning Commission Meeting
By Chair. Joshua. Patrick at 7: p,m.
Call of IZ.oll
Patrick Farrell Cummings Pratt Wippich
Approve and Accept Agenda and Minntes
• Accept the:Agenda for the :tune 1.3, 2023 Planning Commission Meeting
• Approve. the Minutes from May :9, 2023. Planning Commission Meeting
Public Hearings
a None
Old Business
Discussion of Nuisance Ordinance No: 86
New Business
■ Discussion of CUP%Need for Labore Property
Open Items for Commission Members.to Bring Up
Future Meetings
Next City Council Meeting, Tuesday, June 20, 2023
■ 'Next Planning Commission Meeting, Tuesday, July 11, 2023
o Attendance Inquiry
Adjournment — The meeting adjourned at
City of Gem Lake
Planning Commission Meeting - May 9, 20.23
Meeting.Minutes
Planning Commission Chair Joshua Patrick called the meeting.to order at 7.01 P.M..Commission.Members Don
Cummings, Stephanie.Farrell, Derek Wippiich and Art Pratt were present. Also presenL.City Attorney Kevin $eck;
City Planner Evan Monson,,Acting City Clark :Me] issa Lawrence, Residents Rick Bosak,.Erin Florin; Tom. .Bolfing
and Cindy Scruggs.
May 9.2023 Aeenda.
A motion: was made by Commissioner Cummings to accept the agenda..seconded by Commissioner Pratt. Voice
vote:taken? all.voted yes, motion passes, agenda accepted.
Minutes
A'motion. was made by Commissioner Pratt to approve the April. l L 202. Planning Commission Meeting minutes.
seconded by. Comnvssioner.Farrel1. Voice vote taken, al.I voted yes, motion..passes, minutes are approved.
Public.Nearings
None
Old Business
Discussion of Nuisance.Ordinance No. SC
City Planner Evan Monson shared with the Commission .his draft of recommended revisions and additions.
to the current Nuisance Ordinance. The Commission reviewed the revisions and additions and feit as
though it was a great start and that. it is moving the right direction: Mr. Monson.pointed out specific- parts. of
the Nuisance Ordinance that could work as.standalone Ordinances such as the sections on Meth Labs and
traffic. New abatement language was also added to the- end 'of the Ordinance.
Commissioner Wippich feltthat. the sections describing unauthorized intoxicating liquor or ganrbling.coul:d
be explained and made clearer.
Commissioner Cummings would like to see somethingwhereit linlits where vehicles are allowed to he
parked, such as On any .type of impervious surface and not'the yard. He would also like to see language that
can reference other Ord inances:0 the saine: informationJsn't: being posted twice and can stay more
consistent.
The Commission.also wondered ifthe term "dangerous" should be: .d0ined .because dangerous can.jilean
different things to. different people.
City Planner Evan Monson has got -an idea of additional revisions that should be made and will have
soinathing. for the. next ineeting for review again. The Commission is happy with the progress and feels that
it is Moving in the right direction.
New Business
None
Open Items for Commission Members .to BringU
Noise
Future Meetini=s
City CQunciI Meeting, Tuesday; May 16, 2023. at Hcritage Hall, and .Planning Commission Meeting, Tuesday,. June:
12,.2023 at Heritage l-1all.
Commission Chair Patrick shared that he will not be able to attend the City Council meeting on Tuesday, May 1.6 as
he has prior engagements. Commissioner Cummings said that he may attend and can give the Councii-all update.
Attendance Inquiry
Commissioner Chair Patrick surveyed the Commission to see if any of the rnernbets would have:any issues
attending the June U, 2023 meeting. Af this tirne Commissioner Pratt -is the only one that may not be in
attendance.
Adiournment.
Being there no. further business, following a. motion iro.m Commissioner Pratt, seconded by Commissioner Farrell,
the meeting adjourned at 8:01. p.m.
Respee f illy submi!W, Melrssir Ldwrence .
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 1. Public Nuisance Defined. A public nuisance is a thing, act, or use of property which shall:
1. Annoy, injure, or endanger the health, safety, comfort, or repose of the public;
t. 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 ofthe 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.
1. 4a roan "City" as used herein means the City of Gem Lake.
.__.%et'_Cuunc,l--as-u.h.ELalt[Ise Can S gsl[1C_71sf�tgf [,em I.ak
3.
4. T4 rtek iii "f&eru-+ Wcno n" as used herein includes any person, firm, nr Carpnratron,: and the singular shall
include the plural.
Formatted: Centered
W." Puttable-Sturage ' Disposal Container l lnif shall mean any enclosed ur oNn, contain er constructed of any Ladd
matted: indent: Lett 0.28", Hanging: 0.25", Don't
o anal used for tem rare or Ion term slora+e of personal ro rtor an ;on iner used to dis se of space between paragraphs of the same sty€e, Linesolid waste, construction debris_ or anv other refus_e.. cing_ Multiple 1.08 f J
36_Where references are made herein to particular officers_ councils, boards, or agencies. such officers, Formatted. Font (Default} Times New Roman, 10 pt
councils, boards, or agencies are those of the City of Gem Lake. ormatte___.. _w Roman,
Section 3, Public Nuisanccs. The following are hereby declared to be public nuisances, affecting health, safety,
comfort, or repose;
�. Atl digea.-ed an %I F. F wR Ri R @ 8; Wge;
4. Qe Featise-s 8ian]FRA�a..,..i buy:rd OF de".tr::red ':R',. " hEIU', afieFdeatk
4y1_" - . "Dumy&rs and garbage cans which are not fly -tight;
�2—. Dumping the contents of any cesspool, privy vault, or garbage can; except at places authorized by law;
&3. A11 noxious weeds thal have crown to a height of six (6) inches orgLeaicr$nd other rank growth;
Nuiw ce Ordinance No 96
Commented [EPM11: Commissioners shoutd review what
does and does not need to remain in this list, or if
something should be added -
Commented IEPM21: This is curreatly in section 9, can
discuss it changes are necessary
A`An
accumulation of rubbish, manure, in cans, bottles, or trash or debris ofany nature or description; and
the throwing, dumping, or depositing ofany dead animals, manure, garbage, waste, decaying matter,
ground, iLin k. iunl. �thirles or mach in r,�, sand, stones, ashes, rubbish, tin cans, or other materials ofany
kind on private property;
Y-.1t
Exterior Story ,! not adhenna to City Ordinances
To.8_Dense
smoke, noxious fumes, gas, and soot or cinders in unreasonable quantities:
7.
Tiades. bus inesscs, of Ilomc Occupal ion s pol odhL�iingIto City Ord
Commented (EPM3): Acomment was made last month
->a-.B,.TOffensive
trades and businesses, as derined by statute or ordinance, not licensed as provided by law;
regarding parking of mmmercial vehicles For home
occupation5, home occupations are not allowed to park
19
A 11 ....611C t!XP ,.....e ,.F PeF.-.,,.9 ,.a......, .. ,.....;ef! A Wi a:.-eaSe
business vehicles on streets
a-39�The
distribution ofsampies of medicines or drugs unless such samples are placed in the hands of an adult
person by someone properly licensed; and
14.1tI. 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 heaith of the inhabitants of the City or a considerable numher thereof.
Neeti-on -1
Pohlie N..ue FF.....- A ea....:.... %Ium1N and il. erney 1'he f I[.,.... Fig a.., i......,1... deel Fed in be pUb!ie
•
r
mented [EPM41. Propose just one list of nuisances,
i.
All gambling devices, slot machines, arrd-punch boards:, Ix utnp;. bnnkmakuig;, and all apparatuses and
instead of mulHplesectionswith hsts underneath
9
businesses used in such occupations, except +,there pemrltled b} Iam
...L .,
i.El0l-.,,..L.,,.. and all .,t3paWlISVS
4.2^AII
Hetll,...
used i
heuse s 4sr•the•p*rposesaf # eststa4ieA ei pr�tn+srtxws steal intrrr -g txg#taus :
Adult UsLs in violation of Cilt Ordinances
_
Commented jEPM5]: Regulated under Ord 82
4.
tlnfi4l ligwH I,.,l11es kegs- ., ps, 4au,.-2Hf4FAhe'F.,F.-..,LOV L.ept a! and .,..,a f9F maintain ngflueh a
}rPlaccs used for the nianufacturina. scklin ste ag- transportation, cunsuniption_ and distribution of
intoxicating liouot, a\ceps where -permitted by law;
tin 1-fTTTfIRfClrIf�.•C
c+.-3.—_AII
indecent or obscene pictures, books, pamphlets, magazines, newspapers, and billboards,.
Commented [EPM61: Brought up last month, can discuss
T
e _.ram, • e A _ ,,_ e } e, I _ •, ,,,-
whether there is a need to keep in here
i 5`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
44l^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
l�ee{ien'.rs. FUH4ic �ieisanccsAifirt+n�-Peaerarncl l+trlrtx'I[xexli+64<sw-xig are ,'�.�.,z,�,..,�-.9-.-.•-• I.. nursanee4a41rrr•[+ne
1.
All snow and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased
to be deposited thereon;
-1=2.
5wragc of snow brought in from locations be yond the boundaries of the sub tin prongrty on which It is
scored
rr
Commented [EPM7]: Commissioners had discussed this
13_AII
wires which are strung less than fifteen { 15) feet above the surface of any public street or alley,
at previous meeting(s)
Nuisance Ordinance No 86
3:4,-_AII 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,
;:_All explosives, inflammable liquids, and other dangerous substances of materials stores or accumulated
in any manner or in any amount other than that provided by law or ordinance;
h`All use of display of fireworks. except as provided by law or ordinance;
6.^All noises an_d_v_ibratmns that exceed the _noise pollution
standards found in Nfmn . State StMutes Chapter 703a;
7:8`AII buildings, and all alterations to buildings. made or erected in violation of hulldin g code or fire
ordinances concerning manner and materialsand construction;
8-.9`Obstructions aim excavations affecting the ordinary use of the publ is of streets, alleys, sidewalks, or
public grounds, except under such conditions as are provided by ordinance, and any other excavation lets
unprotected or uncovered indefinitely or allowed to exist in such manner as to attract minor children;
1 to Radio aerials sitting or erected in anv manner- except that provided by law or ordinance:
-hit-i.a,.-...... A Old I......I.:..e.-., ........I. ..[ti�,.JtfffkV ....L....1.... .....l ..;heF .....1 ....l..l__.4
sidewalkta
7-24 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 maintained as provided by law or ordinance, or without
proper permit;
1112. The allowing of rain, water, ice, or snow to fall from any building on any publ is street or sidewalk or to
flow across any public sidewalk;
44-. 3. All dangerous, unguarded machinery, equipment, or other property in any public place, or so situated or
operated on private properly as to attract minor children-,
14�-1 4. The distributing of handbills, except as provided by law or ordinance;
Ali. 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 oft
or land in the City;
k7;16. Flawngftrtrance %4i :ert 5�eR )hstructions 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
1*,17. Making repairs to motor vehicles or tires in public streets or alleys, excepttve only emergency repairs
when it will not unduly impede or interfere with traffic;
4-9-- & Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in
the streets, alleys, or gutters:
WJ.1 v. Erecting, painting, or placing of unauthorized traffic signs or advertising signs in streets or alleys or on
sidewalks;
X1:?n. All unnecessary interference and disturbance of radios or TV sets caused by defective electrical
appliances and equipment or improper operations thereof and
Nuisance Ordi nonce No 96
Commented [EPMB]: This is the noise pollution section of
state statutes
Commented [EPM91: #9 above would already cover this
missiles of any kind whatsoever, whether such instr urn enI is called by any name set forth or an other
n_ -- — —
a The prohibiIion above shall appls m rxtvate grounds or p Lmises under nrcLim mances when such
utstrumcnt can be and is fired. discharged, or operated in such a manner as to endanger Persons.
property, or wild animals Or_btrds, and hn-ther provided that nothing, herein comatned shall_ be
construed Ire prevent the causing of any Iype gun whatsmver when unioadcd and RE2Mly�cas0_
h,_. AI&PL cop. w?shi -z to discharge ur,}. instrumenr_referred to in Section,: above for some special
reason or purpose must secure a t+ritten permit from the City Council.
22. No property owner or person shall store an a residential promrty a nonable storage disposal container unil
more than thirty (30) days in any 17-month paiod starting with the day . date the container unit is first
moved on -site
a All portable storage disposal wnlatnc� units must Ix stnrednn an tmpervinus surF'ace on the
ro F
b. The City maF grant a time extension of an adddtonai sixes t6I1} da%spr-oyided the Protrerly_uwner
gets City Council approval leer the container from the C'tly. In no case shall a portable store
disposal contamer unit be stored on a property more than ninety I%J clays in any, 12-monthhperiod.
This Provisirm appices to all residential ffo
=ies includin g sin We family homes toyvnhouses
condominiums, and multi- family complexes.
c. Portable storage dtswsal container units stored can residential rr�n xrties to con)uncuon wnh a
building p=ti or home improvement proiect are excinptfrom these pIoytplons, except for the
reauuenent to keep the cantamer unit on an impervious surface._ In such case, the property owner
shall make even c Mori to adhere to a 12n das maximum time limit.
d Portable storage disposal container units mcetinrthe definition set forth in this C7rdinance which
ate used for re eul.r retluse and recychnA Dick-u on commercial or induslrial UoNrlies shall be
exzmpl
_All other conditions, acts, or things which are liable to cause injury to the person or property of
anyone.
24.
Section 6. Traffic and Vehicles
6.1 Snowmobiles
1. incorporation by Reference. The provisions of Minnesota Statutes, Sections $4.84 through 84.90, and the
provisions of the Regulations ofthe 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.
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. 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 (1 1) 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 am 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 Gent 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 (150) 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.
Nuisance Ordinance No 86
Formatted: Font: (Defautt)Times New Romarc 10 pt
Formatted: Highlight
Commented [E W10]: Discussion last month on
potentially removing this
Formatted
-1
Formatted: Font (Default) Times New Raman, 10 pc
Formatted: Normal, No bullets or numbering
Commented [EPM11]: Some communities have traffic
related regulations in a standalone ordinance
5. Tow .gars. No person shall,operate a snowmobile so as to tow any person, sled, or other conveyance,
except by use.of:a rigid -low bar attached to the.rear of such snowmobile. Persons towing disabled
snowmobiles shall be exempt.
6. Mandatory. Lights. No.pe6on sha]1 open-Wasnotvfnnbile onIess.such vehiclris.Oct uipped faith. a head
light andiail 3.ghtthatup iIIuminated:it all times during.sudi operation. Snowmobiles equipped with an
engine of five (0 horsepower or less shall be exempt.
7: Mandatury Peoria No person shall operate`a snowmobile unk-ss;smh vehicle is equipped with aced or
orange blaze pen nantflag prat feast forty (40) square inches;in area and displayed at a height of not less
ihari.ftve (5) feet above the roadway.
8. Authdrixed.Sri owntobifes,.Aulhorized suowmObiles may be. used on any pu blip. property within the City
for rescue, ernergenoy or law enforcement purposes.
6.2.A]I-Terrain Vehicles --(ATVs)
1. .Limitation of Operation. No person shall operate "I vehicle fi. ihe,City ofGem Lake except on
puiilic trails, walerways,.and.highways specifically designaled.for such use, o[: on:private property. wh ere
lawful permission has been. obtained frytn the property owner, occupant, or lessee;. to all.terrain vehicle:
shall be, operated within. any pubiic.righi-of-way or on.a pttb3ic sidewalk or.trail provided or used for
pedestrian or bicycle. travel-
1 Hours of Operation.. No person. sli4operate an all -terrain vehicle in the City orci m hake between the
hours of eleven (I I ) o'clock p:rn, and:sevci (7j o'clock a.nt. prevail ing.time in Ramsey Counfy, Sunday
through Thursday, and from one (1.) o'clock a.tii..to seven (7) o' iock,a.M.. (mother days; including the day
picceding.a national holiday.
3, Speed. No person shii l opern, I&an. all -terrain vehicle m ilie:City of Gem lake at:a speed in excess. of limits
specifically poste forsuch use or as a speed in excess offifieen ()5) niiies per hour within one hundred
fifty 0SO :feet ofany fisherman;.fish house, pedestrian; skier, skaier, skat ing rink, sliding area, ski tow
area, or, otherareas whe.Te.such operation wouId.conflict with or endanger other persons or, property.
4. Authorized ; iLTer in V0.i. lcs.,luthorized;ali-terrain Vehicles may be.iised on any public property
lvithin.the.City furrescue, erncrgency or law enforcement purposes.
6:3 Ilse of Sfrects and Iligltways .'.[ncarporaling State Traffic Laws
.I. High wayT'raffic Regulation. Act In Corpora led byReferencc. The regulatory pm.Yisions of Minnesota
Statutes,.Cliapter ]69,.and anygmendments thereto.or substitutes therefor that ay from time to.time
become:eTiecfiiie; are hereby;.adopted as it traffic Ordinance rcgulating:the.use of highways, streets,. and.
alleys within the Cily of Gc fake and are Itereby, incorporated in and made part of this code :as.canrpleteIy
as if set Out here in fail;
2: Penalty. Any violation of the statutes adopted by rel'crence in 6.11 is a violation of this Code when it
occurs within the City of Gem Lake,
6A Parking Regulations
1. 1n .General. it is.unlawful for any person: to stop, stand or parka Vehicle, except when necessary io avoid
conflict with other traffic or in eoinpliance with the speciifcdireetions of.apolite officer or traffic control
device; in any of the.folIowing places:
Nuisantc ❑rdinince'No 86
t) On a sidewalk:
2) In front ofa public or private driveway.
3) Within an intersection;
4) W ithin ten (10) feet of a fire hydrant;
5) On a crosswalk;
6) Within twenty (20) feet ofa crosswalk at any intersection;
7) In a sign -posted fire lane;
S) 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) W ithin filly (50) feet of the nearest rai I 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 of9:00 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,
2, Passenger Vehicles. No passenger vehicle shatI 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 of any motor vehicle upon any road or street in Gem Lake is
prohibited between the hours of2:00 a.m. and 6,00 a.m. from Novemher I through April 1" of each year-
4- Snowfall Restrictions. No motor vehicle shall be parked on any street or boulevard within the City of Gem
Lake after a snowfall of one ( l ) inch or more which necessitates the plowing and removal of snow from she
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 ( i ) inch until such time as the plowing and snow removal has been completed.
5. Enforcement of_Parkiny- Reftulations. When the Ctty C'ounc l or an ofticeror_agency as dcsicnifted h;
the t'm Colinnl to cn€brcc dns flydhnmwc. ally E', ,,; ;t er++erF#keer finds a vehicle standing or
parked on any street in violation of this 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 Cox 0ii mc€I. 111
an Uliicer or agencv as desiL, waud bN the City t'OLLB CII iu enforcc_ihns l lydtnanc� �441� �)° "r W finds a
vehicle unattended and standing or parked in violation of this Ordinance, such officer is 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 until reasonable costs of
moving and storing the same have been fully paid. In the event that any vehicle held or stored under the
direction ofa police officer upon which there are charges for storage or towing, 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 Tail to pay the same,
then the Possessory Lien may be foreclosed in the manner provided by law,
6. Penalty. Any person violaling any ofthe provisions oft - Flh€s srcnon shall be guilty ofa petty
misdemeanor.
Nuksan" 0rdl name No 86
r
Commented IEPM121. Some citiesspecificAlyIimt(
of vehicles that can be parked on residentlaI properties
afso not uncommon to see limitations of less than 72 hours
for street parking
Cornmentud [EPM13). City may want to review the
enforcement and penalties of this section, as it Is different
than that of other sections
Formatted: Indent: Left: 0.5", No bullets or numbering
Commented [EPlN14j: Moved 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 ofsixteen (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 flVe o'clock a- M. the fallowing
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, high Heys, roads, alleys, parks, playgrounds, public places,
and public buildings, places ofentertainmenI 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 ofthe 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 we and custody of the minor, or where the presence of said minor in said place or
piaces 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 undei 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 plates and public
buildings, places of entertain ment 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 ofsaid minor in said place is connected with and required by some legitimate
business, trade, profession, or occupation in which said minor is permit led 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 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.
Seel an 4. ig Ht ._.....nem and ........._%nes........@yal .-Fi ne.-..,...._ I--.-1 s(41
Commented [EPM15j: Can remove, items are mentioned
1.,.-. 004 !he...,.,......IM OfaRy P.. .,,1:..,-e.... _HbI:6 elsewhere already
'Aempall. - • v.1_.itop �..rJ......JL ....f I:.F .,...l&..F....... AI.. 9..,.1........,. I .],ell ..FI.....
e"' "" ""`- ""%" h NA Commented [fPM16]- Already covered in section 5
Nuisance Ordinance No 96 7
Commented [EPM171. Already listed in section 3
ai-it• . <-.e ��' urHtrn al er+r-puk�lx sli:mi i,-aP r-in-the-City toaheigltt crF rx-Ida}ittc}tesix Krc�trr•ur — — - -----
and- I h M-
v. N 0 PFEIF "t er Of perS gi4 Shkill StaFE ..-&FOSS. i..MHO PF .a..1.3.... �.....p.e diGPONal k9Rtain@F R"
€ F)Hal Con tMFK-F i3R1{-i7P'-;WYINI+M] 4 PFHPKILA ffH+FE 4llari nlfidtN 4A4 YR-a#M 1-?-FR With fWFll#t: UfS
1. ilk t.. h!e ;-ice... �... this %! ` t58ta'ir}e'f MR lit... de(INg 1I a def... A KM ....i &Wth I C... 100 te) 1 iyJiieh RFe E..-;ed
fi+f-regtl:ir-Ft-4 riiiA F %ti k: -I-qg-pik ki on tiHiH3i4_-rt: a4 of eb'+.. igdt+sW+al_VFope tlWI-N-t-,e"t:
Section 11. 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 Gom 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 chiidren or adults of chi Id -bearing age, at risk of exposure through
inhabiting the property, visiting the property or using or being exposed to contaminated personal pwperty-
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.
Nuisance Ordinance No 86
Commented [EPM181. Moved this up with the list of
other nuisances
FC&P [EPM19]: Some communities have this as a
separate/standalone ordinance
3) Clandestine drug job.— means the unlawful manufacture or attempt to manufacture controlled
substances.
4} . Clandestine drug lab site _ means any place or area wbere.law enforcement has determined that
conditions associated With the. operation ofunIawfiil clandestine drug lab. exist. A plandestine drug.
€ab-5ite inclWes. any dwelIings, accessory sttuctnres,buiIdings, a.chemicaf dump site, a vehicle;:
boat, bailer or other similar appliance or any other area; Iand or iocatinn.
5). .Cleanup -- means proper removal andimcomainment.of substances hazardous to humans andlor
the environment at a clandestine drug lab site or chemical dump site,
6) Con trnlled substance— mcans any drug; substance or immediate precursor in SchedulesI
through V of Minnesota. Statutes Section 152.02. The term does not incIWe. distiIled spirits, wine,.
mall "rages; intoxicating liquors or tobacco. ..
7) Owner --means any person; firm, corporation, or nt}ier entity who owns in whale ar in part; the
land, building, structure; vehicle, boat, trailer or oflicr location associated witti acfandestine drug.
lab site or chemical dump site,
8). P..u41ic Health Nuisanee.-- means a nuisance as defitieii above 0r order Minnesota Statuto Section
145A,02, subdivision 17.
9) Remedtation — means methods such as as..sessmept,.evaluation; testing; ill-enting, detergent
scrubbing;, enclosure; encapsulation; demolition, andlor.removal of.writaminated materials from a
clandestine.drug lab site m chemical dumpsite..
3. Declaration of Property as a Pub lic.Health:Nuisanee.
1) Any property containing a clandestine dmg:lab or chemical dumpsite will be.dmWed apubic.
health nuisanee,
2) No person may Occupy,. enter or allow occupaney or entrance to. property declared a pablic:health
nuisance under this Section until such.declaralioti'is vacated or modified toallow occupancy,
4. Law Enforcement Notice 10 Other Authoritim .
Upon. identifieation afa clandest rie.drug.lab site or'ehemical dumpsite deemed to place neighbors; visiting
public; of present and future occupants of the of .ected.property at risk for exposure to:harmful
contaminants and -other associated conditions, law enforcement officials shall notiNthe-City
Environmemal I lea lih Official at d:niherup. propriate municipal; child protection; and, public health
authorities. 0rthe property location; theproperty owmer iRmown; and conditions found.
5. Seizure-ofRr+operty.
1) ]f a.clandestine drug lab or chemical dump site is located inside a vehicle, boat_: trailer, or other
form of.m.oveable personal property, law enforcement authorities may immediately seize such
property and: transport it to a more secure.location,
.2). Personal property may not be removed. from a. clandes Line drug .lab site or chemical dump site
w.ithout.ihe prior consent from the City Hnvironmental,Henith Official:
G. Action by City :Environmen(al #eaW.Ifeaitlt Offleial.
1) Upon notification by law enforcement authorities, the City Environmental Health Oiftcial or other
appropriate municipaI or public health authority iviII issue a bcclaration o r NhlicHealth
Nuisance for the affected property and post a copy of the Declaration at sill probable ontranices to
the dwelling or property.
2) Removal of the.posted Declaration or Public I Icalth Nuisance by anyone other than the
Environmental Health 0fliciat, law enfurcemcnt:authorities, or thch designees, is prohibitcd.:
Nmmacc Ordi nonce:5fo 9 6
3] 7�e City Environmental.Heallh Oflicial sliall also aftenrpf to notify the following parties ofthe
Declaration. ofPubli6Heal th Nuisance:
is Ownerof the property;
ii. Occupants or the: propgrty;
it i .eighbors within close proximity that can be reason abIy affected by the conditions
found;
iv. The Ramsey County Sheri Ws Department: and
v. Other state and local authorities, such as the Minnesotat Pollution Control Agoaq and the
Minnesota Department of PubliQHealth, which_are:known to have .public and
environmental protection responsibilities applicable. tothe situation.
4} Any rental license issued bytheCity for the property s;iinmediately suspended upon issnanceof
the Declaration of Public Health )gbisaneo. Such.license ivitbe reinstated only after full
compliance tvith.an abatement order.
5) After issuance ofthe Declaration:of NhiiAOalIli lquisance, thc.(34Y,Environmental Health
Official will issue an order to the property owr)erto abate the: public health nuisance. The
abatement order will inclado the. folIowinw,
L A copy of the Decaration of Publie.EIeaith Nuisance;
ii. An order to itivirikliateiy vacate. those pdriions of;he:property, including building or
structure interiors,, - 'Al may place the occupants or visitors at risk:
iii. Notification oftiuWension of the r6nial Iicrose..if.applirthle;
iv. Kspmmary of the owner's and occuparit'sresporisibilit ies;
v, : Information orrIDcriing.proficssional Setvices negessary to remove and abate the public.
health nuiSan t�status as provided inihis Ordinance and Minnesola.StatLite : Sectian
vi: lnfortnaliiirs;ahouf.thepotentially hiiiardous condition of the cl andest in e. drug lab site -or
chemical dump site,
ResponsibiIities. of Dwncr..
1) . UponTeWPtOrary abatenreritQtclerby the City `:s.Envirohrnemal Health Officia[, the property
own er:must, arthc oivncrs expense:
i:. lnisnediately.Vacate those portions ofthe property, including -building or structure
interiors that. may place the occupants or visitors at risk. This includes dwellings,
huildings'motarvchicles; trailers, boats, appliances or -any other. affected area or
I.0 69ti;`No person shall ompy, enter 6r allow occupancy orentrance.to a building: or
structure declared a Public 1 Wth Nuisance until such declaration.is vacated or modified
to allow Occupancy;
ii. Properly secure and post warning sign s:on the.perimeter ofany eontaminated areas on the
property in an eli'art to avoid exposure to unsuspecting.parties.
iii. Promptly contract with one or mbre acceptablaenvironmen W1 hazard testing and cleaning
firms (acceptab)e frpns are those that have pmvided.assumancc of approprime equipment;
procedures; and personnel,. as determined by th.cMinnesota:D:eparunent of Heal Ili] to
accomplish III eto] Iowing<
1. A detailed on -site assessment of the extent ofcontamination at the site and the
contaipination ofthe personal properly therein;
Nuimv ce Ordmanee Vo 86
2. Soil testing.of the.site and testing ofali.prcperty and spit in proximity to the site
that the enyironineatal l azard.testingand. cleaning form dctcrminestnayhave.
been affected by 01econ ditions found at the site:
3. A complete cleanup of all property and soiLa[ the sile: and.in proxiinityto.the
site ,that.is found to.be. affected by. conditions found at the site tincluding but not
limited to, the cleanup or removal of con Laminated plumbing, Ventilation
systems, fixtures and contaminated soil] or demolition of the site and a.
completeclean up of the dema]ished site;
4. Remediation testing. and fnlloly-up testing to determine all health risks are
sufficiently reduced, according to the Minnesota DeparFmcnt ofIlealth
guidelines, to alIowSafe human: occupancy'and use of the: si le and use of the
personal property therein.
iv. Regularly notify the City of actions taken and:i�ach agreemenrwith the City on the.
cleanup schedule. The Cityshall consider practical limitations.and the -availability of
contractors in approving: the schedule, for cimn"p-and ,.
Y. Provide.written documentation` to thc.City.of the cleanup process, including a'signcd,
written statemen 11 that the property is safe For human occupancy: and that the cleanup was
conducted in accordance whl Ivlinnesota I7epartmentof flealiti:guidclines.
2) Thcproperty may not.be re -occupied or uscd:in:any .manner until the City has;obtained.die written
statement in paragraph �.1}(S).and has eorifirtn6J i, at ilie lirope[ty leas: been cleaned in :accordance
with.thc guidelines establisli4by;the Minnesota I7epar[inent of Ile aith.
Owner's Respomibility for Costs.
The owner is responsible.for .alI costs associated wit} nuisanceabateinctltand cleanup.ofthecfandestine
drug lab;sire: or chefnical djAp site,: includfi!g, lint nolAlinited to, costs: fur`
i] Fmergeiicy Response;
2) Posting.an8 Physical security ofthe site:`;,..
.3);.:: Notificalfons ofa fe6i4:j*fties '
4] Expen ses=related to l£ie:recovery ofcnsts;"fncIudirig the assessmcm process;
5). Laboratory Fees:..
S} :-Clean upserviccs;':'::.
7) mil inistrzitive fces;:and
8) Other associated costs.
City Authority to Initiate.Cleanup and Recovery. of Costs.
1) lf, within ten (16).days after service.ofno6ic of the Deolarat on of Public Health Nuisance, the
City is unable to locate the propcny.owner m ifthe City Environmental Health OWiicial determines
that the owner. refuses to, or cannot paythe 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.
2) The City may :abate the nuisance by removing any:hazardous structure; building,, or olher1r7se, in
accordance "h.M.innesota:Statutes Chapter4..03, Section 14 of this Ordinancu. or by any other
Mean provided under law.
3) If the Citynbates the public health nuisance; in addition to any Iegal remedy, it is entitled to
recover ail costs associated with such apatenicnt plus. an additional 25% of the .City's costs for
Nnisancr ordmancc No 86
administration. In addition to any other legal remedy, the City may recover costs by civil action
against the person or persons who own the property in the matter that taxes and special
assessments are certified and collected pursuant to Minnesota Statutes Section 429.101-
10. Authority to Modify or Remove declaration of Public Health Nuisance,
1] The Environmental Health Official is authorized to modify the Deciaration conditions or remove
the Declaration of Public Health Nuisance-
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 dweiIing occupants, are sufficiently abated or corrected to allow Safi, -
occupancy of the dwelling.
Section 12. Enforcement It shall be the duty of the Council to en farce the provisions of this Ran r;e, aR-Commented [EPM2U]: Could move this, the abatement,
theOrdurance I he Council may, by resolution, delegate to other officers or agencies power to enforce particular and recovery of costs sections up ahead of section 11
provisions of this Ordinance, including the power to inspect private premises, and the officers or agencies charged with enforcement of this Ordinance shall take all reasonable precautions to prevent the commission and maintenance
of public nuisances.
Section +4 3. Abatement of Nuisancel.: Commented fEPM21]: The changes below utilize
1. Procedure, Except as otherwise provided within this Ordinance- whenever the officer chargcd with abatement language from Shoreview,a city tllat uses a
forcement determines a public nuisance is berms maintained or exists on a premise in the City_the officer UP
rocessaurattorney knows
en
Council.may, after notice to the owner tit cxruppt and an.upportuniy•lu. h�. hear eterminr that fire
condition identified in the notice of Fruladon is a nuisance and order that if the nuisance is not abated
within the time prescribed by the City Council, the City may reel nIunc_t_ive relief by servin_•a copy of the
Council Order and a Notice oFMot 1on for Summary Enforcement or. ohtam an administrative search
warrant for access to the premises or mo Wrty has been denied and ahate the nuisance In those cases
ter-u iyllil(4r. arc c tiv L,ouncu aver notice an nearing may cause inenuisaner to cc anatea immcaratcny Formatted: Font (Default) Times New Raman, 10 pt
by the City. In those cases where the nuisa lw has beers_recurrink andcan_be_abated _bN reasonable - — - - -
maintenance pi ocedwes, the Cih i'euncrl's order jo abaue shall be effective for up to two t2) years
I. Notice.�Written notice Vfrlre viulafign_ notice of the lime. datekla .ee and subject of any hearing before the CFormatted. Font: Not Bald
rcity Council_ notice of the City Council Urder: and Notice of Motion for Summary Enforcement hearing - -
}hall,be served he afe.lcc ofTcer or,t cesiated official an the owner of record or occupant of the
premises'either in. grson or by certified or registered mail If the premise is not occupied, the owner of
record is unknown- or if the owner ofrewrd or occupant refuses to =enl notice- notice of the violation
shall be served by postma it on the premise5-
3. Emergency Procedurg Summary E.nform ment. jn cases of an emergcncv where delay w?II permForm
it a atted• Font: Not gold
continuing nuisance to unreasonably endanger nuhhe health safely ory,_glf:rrc lhu City may order
spmmary enforcement turd abate the nuisance. rrrued with sumnraacnlirrcemcnt• the i iccr or
designated official shall dewrmme that a public nuisance exists or is being maintained on the premise in the
CAv and that the delay in abatement will unreasonable endanger p ublic health safety or welfare. The
officer or designated official shall make a reasonable attempt to notify in wrttrns-, the occupant or owner of
the premises of the nature of the nuisance. whether public health, safety or welfare "Ill be unreasonably_
endangered by delay in abatement required to complete the procedures se_l_ for th in subdivision 211 J.02{NA1
and may order that the nuisance he itnmediatcly terminated or abated. if the nuisance is not immediately
terminated or abated. the City may order summary enforcement and abate the nuisance.
. Immediate Abatement. Nothing in this secuon Oiall prevent the C'pv. Aithout notice or other process, Formatted: Font Not Bold
from rmmedia nelr abauni any conel[nnn that pu,c, an.fmmmcnt and swious h:rcard to human life or safer
Nuisanc[ Ordinance No 96
5. Judicial Remed •. Nothing m this section shall Nmnt the City from seekin • a iudicial remedy wfwn no
other adequate admrn_istrattre remedy exists,
Section 1514. Recaverr of C'usts.
1. Record or Abatement Cost. The City shall keep a record of the costs of abatements. including
admmi tn_rative costs, done under this ordin"cc and shall report month]) all work done to the apnrorxiatc oilicer for
xlnch assessments are to be mad statin , and certif in = the desert ption of the Iand. lotsparcel involved and the
amount wsessahle to each
oayahle at the C�_Y admimstrati e office
such charges as well as other charges for current services to be a&Nessed under Minnesota Statutes, Section 429. ] U]
agamsl each separate lot or parcel to which the cha gues_We aattrthulgble. The 0ty L'nuncil may then spr tad Ihr
c hat iws mwjnst the plonerh' under the proyj,,; i unS of Minnesota statutes S"I ion 429 and any o1_her pert mend Statutes
for certttleation to the C'onnu, Auditor and eallcctran alon • with current taxes the tullowin« y9gr or in annual
installments not exceedin g ten as the City Council may determine m each case
Section U15. Penalties. In addition to any fines, costs, or assessments provided for by ibis Ordinance or other City
Ordinances, the City may prosecute a violation of any provision or this Ordinance as a misdemeanor, and a person,
ifconvicted, 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 174, 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 417. Severabiiity. 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 pan thereof, other than the part held to be invalid.
Section t91 B. Effective Date. This Ordinance shall take effect and be in force ftom and after is passage and
publication.
Dated:
Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk
Updated: September 21, 2021 — Added language in regards to Portable Storage f Disposal Container Units
Updated: December 20, 2022 — Added language in regards to parking regulations and winter parking regulations
Nuisance Ordinance No 86
Formatted. Font: Not Bold
Formatted: Font: Not Bold
Formatted Ford: Bold
Formatted: Font Bold
Formatted: Font: (Default) Times New Roman, l0 pt
Bold —
CITY of GEM LAKE
11
critage 14all
-ti
4200 Otter Lake Road I Gene. Lake,. NM 55.11.0
65.1=747-2790192 651-747-2795 (fax)
J E-mail cily2gemlakemn.org
Gem Lake. Planning Commission Meeting
June 13,.2M
Sign in Sheet
Narrie Name
Pieasc: print clearly PlUse print clearly