Loading...
HomeMy WebLinkAbout2023 07-11 PC PACKETCITY OF GEM LADE Heritage .Hall 4200 fitter Lake Road I Gem Lake; MN 55110 w�{ 651-747=2790/92 65.1-747-2795. (fax) E-mail cit.y@f4)iilal(6t-An.org. Planning Commission Meeting.—. July .1I, 2023 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7: p.m. Call. -of Roll Patrick Farrell Cummings. Pratt Wippich Approve and Accept Agenda and Minutes e Accept the Agenda for the July l l,.2023 Planning Cornmi.ssion Meeting •: Approve the Minutes froin .Lurie 13, 2023 Planning Commission .Meeting Public Hearings • None Old Business Discussion of 17er ise Nuisance Ordinance No. 85. New Business 0 Discussion of New Clandestine Drug Lab.: Ordinance. No. 143 o Discussion of New Traffic and Vehicles Ordinance No. 144 August. Meeting Date Discussion 0 September Meeting Cancellation' Discussion. Open Items for Commission Members. to.Bring Up Future Meetings Next City Council Meeting, Tuesday, July .18, 2023 Next Planning Commission Meeting, Wednesday, August 9, 2023 o Attendance Inquiry Adjournment. — The inecting adjourn ed. at City.of Gem. Lake Planuing Commission Meeting-- June 13, 2023. Meeting Minutes Planning Commission Chair Joshua Patrick called the. meeting to order at 1:00 p.m. Commission Members Don Cummings, Stephanie Farrell, Derek Wippich and Art Pratt were present. Also present: City .Attorney Kevin Beck, City Planner Evan .Monson,..Acling City Clerk Melissa Lawrence acid Councilmehiber Ain Lindner. Juno 13,.2023 Agenda A motion was made by Commissioner Pratt to accept the agenda, seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion. passes, agenda accepted. iWinutes A. motion was made by Commissioner Wippich.to approve: the May.9, 2023, Planning Corn iriission-Meeting minutes, seconded by Commissioner. Pratt. Voice vote taken, alI Voted yes; motion passes, minutes are approved. Public Hearings None Old Business Discussion of Nuisance Ordinance No. 86: City Planner Evan Monsonshared with ilte.Comm.ission his draft of recommended revisions and.additions to the current Nuisance. Ordinance based off conversations at past months. meetings. Tlie Contni ission reviewed the revisions and additions: and felt as though.the current draft is almost.ready to:be submitted to Council. Commission Chair Patrick and.Commissioner Wippiclt boils added that Sections 6 and.8 could be taken out and become stand-alone Ordinances which was.discussed at:.the .previous meeting.. Commissioner Cummings requested that City Planner Evan Monson add language to the Ordinance that would reference lighting, glare and noise in the ConsoIidate.Land Use.Ordinaiice.. Commissioner W,ippich asked City Planner Evan Monson if Section.6.1.7 regarding snowmobiles needing a Pennant flag is. still relevant.or if it should. be removed. After quick. investigation it loons like it.is an: outdated..reference and Commissioner. Wippieh suggests it he removed. He also had concerns. regarding weeds and if the Ordinance. should state specific weeds or if language can be added:to reference a state site. City. P[and er Evan Monson has got an idea of additional revisions that.should be made and will have a final draft.for the.next meeting for review again. The Commission is happy Iv.ith.the progress.and feels that it is moving in the right:directioni New Business. Discussion of CUP Need for Labore. Property Acting City Clerk Melissa Lawrence shared with the Commission that a property Iapaled on 1,abore Road is storing vehicles .for the business located in Vadriais Heights across the street. In order for the property to continue to store those vehicles it would need to apply for a CUP.:. Acting City Clerk:.vlelissa Lawrence informed the Commission that Building Official. Mike. Johnson will need to get out there soon to investigate and determine. what Ordinances they are in Violation of. Once that. is .completed a letter will be. sent toile property informing.tlip in of the action that needs to betaken otherwise they will be in. violation and.subject to charges. Theremay be a Publie Hearing in the next couple of months regarding this property. Oven Items for Commission. -Members to Bring Up None Ci[_v orGem Lake PIanning.Coiamission Meeting Minutes February 14,.2023 Future ,Meeting City Council Meeting, Tuesday, June.20, 2023 at Heritage Hall, and Planning.:Commission Meeting, Tuesday; July 1.1, 2023 at Heritage Hal 1: Attendance Inquiry Commissioner Chair Patrick surveyed the Commission to see if any of the members would have any issues attending. the June 13, 2023 meeting. At this time Commissioner Cummings will not. be in attendance and Commissioner Wippich might not be in attendance. Adjournment Being there no further business, following a moti6n €eom Commissioner Pratt, seconded by Commissioner Cummings, the.. meeting adjourned at 8:03 p.m. Respec f i!!y submitled Melissa.Lau ence City of Gem take PIanniFig Commission Meeting Minutes February 14, 2023 ? � z City of Gem Lake, Ramsey County, Minnesota Nuisance Ordinance No. 96 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: I. 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 of render dangerous for passage, a public water, park, square, street, alley, or highway; 4. Depreciate the value of the property ofthe inhabitants ofthe City of Gem Lake or of a considerable number thereof: or & In any way render the inhabitants ofthe City of Gem lake, or a considerable number thereof, insecure in life or in use of pmperty. Section 2. Definittons. I. "City" as used herein means the City of Gem Lake. 2. -CounciI' as used herein means the City Council of The City of Gem Lake. 3. 'Person" as used herein includes any person, firm, or corporation; and the singular shall include the plural, 4. "Portable Storage 1 Disposal Container Unit' shall mean any enclosed or open container constn cted ofany material j used for temporary or tong -term storage ofpersosTal property or any container used to dispose ofsolid waste, construction debris, or any other refuse. 5. Where references are made herein to particular officers, councils, boards, or agencies, such officers, councils, boards, or agencies are those ofthe City of Gem Lake. Section 3. Public Nuisances. The following are hereby declared to be public nuisances, affeceing health, safety, comfort, or p [{ .melted [EPM}]; Commissioners should reAewwhat repose: does and does not need to remain in this list, or If 1. Dumpsfers and garbage cents which are not fly -tight; something should be added. 2. Dumping the coments of any cesspool, privy vauh, or garbage can, except at places authorized by law; 3. All noxious weeds that have grown to a height of six (6) inches or greater and other rank growth; Commented [EPlN2]: This is currently in section 9, can 4. An accumulation of rubbish, manure, tin cans, bottles, or trash or debris ofany nature or description: and the throwing, discuss if changes are necessary dumping, or deposifing ofany dead animals, manure, garbage, waste, decaying matter, ground, junk, junk vehicles or machinery, sand, stones, ashes rubbish, tin cans, or other materials ofany kind on private property; 5. Exterior Storage not adhering to City Ordinances; 6. Dense smoke, noxious fumes, gas, and soot ov cinders in unreasonable quantities 7, Trades, businesses, or Home Occupations not adhering to City Ordinances; Commented [EPM3]: A comment was made in May g, Offensive trades and businesses, as defined statute or ordinance, not licensed as regarding parking of commercial vehicles for home by provided bylaw; occupations, home occupations are not allowed to park 9. The distribution ofsamples of medicines or drugs unless such samples arc placed in the hands of an adult person by business vehicles on streets someone properly lionised; and Nuisance Ordinance No 96 1 10. All other acts, omissions of acts, occupations, and uses of property which are deemed by the board of health to be a menace to the health of the inhabitants of the City or a considerable number thereof 11. All gambling devices, slot machines, punch board-& betting, bookmaking, and all apparatuses and businesses used in such occupations, except where pennitted by law. 12. All Adult Uses in violation ofC'ity Ordinances. 13. Places used for the manufacturing, selling, storage, transportation, consumption, and distribution of intoxicating liquor, except where permitted by law; 14, All indecent or obscene pictures, books, pamphlets, mnW-ines, newspapers, and billboards; 15. 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." 16, All other things, acts, omissions, or occupations that may be considered detrimental to the moral wellbeing ofthe inhabitants of the City or a considerable number thereof. 17. All snow and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased to be deposited thereon; 18. Storage of snow brought in from locations beyond the boundaries of the subject property on which it is stored. 19, All wires which are strung less than fifteen (15) feet above the surface of any public street or alley; 20, All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise to an extent exceeding one half1heir original value, or which are so situated as to endanger the safety of the public; IL 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; 22. All use of display or fireworks, except as provided by law or ordinance; 23. All noises and vibrations that exceed the noise pollution standards found in Minnesota State Statutes Chapter 7030; 24. All buildings, and all aheratiom to buildings, made or erected is violation of building code or fire ordinances contenting manner and materials and construction; 25. obstructions or excavations affecting the ordinary use ofthe public of meets, 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: 26. Radio aerials strung or erected in any manner, except that provided by law or ordinance; 27. 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; 28. The allowing ofrain, water, ice, or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk; 29, 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; 30, The distributing of handbills, except as provided by law or ordinance; 31, Throwing, dropping, or releasing printed matter, paper, or any other material objects ov6r and upon the City from an Airplane, balloon, or other aircraft, or in such s manner as to cause such materials to fall or land in the City; 32. Obstructions 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: Nuisance Ordinance No 86 Commented jEPMd]: Regulated under Ord 82 Commented [EPMS]: Brought up in May, can discuss whether there is a need to keep in here Commented [EPM6]. Commissioners had discussed this at previous meeungisy Commented [EPM7]: This is the noise pollution section of state statutes 33. Making repairs to motor velitcles.or tires in public streets or nlleys,.e=jn only emergency repairs when it will not unduly impede or interfen.with tragic: 3C Throwing, placing, depositing :or burning leaves, trash, la%vn clippings, weeds, grass, or other material in the streets, alleys, or gilnurs; 35, Erecting, painting, or placing ofunauihorii_c d traffic signs or advertising:signs.in sln cts or alleys or on sidewalks; 36, Al] :unnemssaiy interference and distuTbance.of radios or TV sets caused by dereclive electrical appliances and. crtuipnlanl or improper operati otts thereof and 37• 1Possession or,.cxoept within their own dotni6le,.or carry, um of discharge any air gun. "BB" gttn, gas-dpemtcdor spring gun, or arty other similar type. mstrimicnt. for the .purposc afthroo ing or projecting missiles ofany kind whatsoever, whether.snch.iusumment is called by: anynatneset forth, nrany other name. I. The prohibilion above shall arply its privatagrounds or premises.tindercircurnslarlees tvfien such.igsirurnmi. cart be:aad is fired, discharged, or'operated in such a Manner as to endanger persons,.piopetty, or wild. animals or birds; and further provided that nothing herein contained shall be construed to. prevent the.carrying ofany type gut whatsoever when uitloaded and proporly.cased. 2. Any person wishing to dischargc any inslntlnent.referred to in Section x nbove for.somc special reason or purpose must secure a written permit from the City couneii i .i8. No property owner or person:sball store on a resideutiarproj", a portable storage? disposal container unittnore than thin} (30).days in any 12-month period starring.witlt t]tc day:! date. tltc:cotimmer unit is first nrovcd tin -site: I. All portable storage ) dfsposal container Units must be stored on an.impervious surface on the property. 2. The Ck)'.may grant a time cxtcnsion of Wfadditionni sixty (60) days provided the property owner gets City Cauncif.appmtiai for the container from thq 6ty:.in no case shiiii:a:porlabl7 . storage r disposal conlainer unit be stored on a property more than ninety (90) days any 12-month period: This provision applies to all residcnfial.proper[iesinduding single rhrni to louses, comdentiniums, and multi= fatuity complexes, Portable storage! disposal container uniis.stored on residential properties in conjunction with ;I building perrnit:nr lioine improvenieni.project are excrript from these provisions; cxcept.for the requirement to keep the container unit on an impervious surface. in such case, the property owner shall make every cffort.to adhere to a 1.20 day mv5mgm Iime iHHi t. 4• Pollable.storage.l disposal container itnits:meetinr;.tltc.dcfnition set forth in this Ordinance which are used for regular refuse'and rccyciingpick-rip on commercial or industrial properties shall be exempt. 39• All other.obaditions; acts, nr thirigs which are.Iiable. to cauw injury- to the person or property of anyone, Section 4. Curfew 6r Minors 1. ]restrictions on Minors. It shall. be uniawrul. for any minor under the age of sixteen (€6} years to loiter, idle, wander; strdll..or piny ill or upon tale plimic:strccts, highways, roads; ailcys, parks, playgrounds, public places and public . builaings,.places of entertainment and. amusement, vncanrlots, and other urnsuperi teed places in Ilre City of.Crcm lake beiwcen the hours of ten o'cloek p:m, and fire ❑'clock a.m: the folIOwing day. It slialI be unlawful for any minor who is sixicerl (! 6) orsevonteett{1;] yeitrs ofagc to Ivi€cr, idle; snider, stroll,. or play in or npon.pt[hlicsireets, highways, reads, alleys, parks. playgrounds, pmbiic.plaus, and public buildings, places of cntertampnent'And amusement, lacaat. lots, and other unsupertiiscd placos in the City. of Gels Lake hctween the hours oftwelve o'clock midnight and.fivc o'clock the lollowiitg morning. Proviidudr however, that ]lie prvvisioru of this section do not apply to. a minor sccotnpatiiml by his or herguardiao, or other adultpersou having the care sad. custody of tile:minor, to a minor who is upon an emergency wand. or other legitimate business directed by his or her parent, guardian, orother :adult PCM. n having the care and cuslody.ofthe minor, or where.the presence of -said. minor its said place or places N connected with and required by :some legilintrlto business directed by his or her parent: guarriam or other ndulr person having the care and custody of the minor, nr where the. prose _ cif Said minor in said place or places. is. connected rvirlt a required by some legitimate b isiness, trade procession, ar occupation to wlticltsaid rriinirr is pennined liy ]aw to Ix vngagcd. 2. ❑a tics at. Parents or [.uardiunc It shall be unlawful for .Ilia. parcnt, guardian. or: other adult person having charge of a' minorundcr the agc of eighteen (18) years to pcmtif such minor to loiter, idle, wander, stroll, or play ill or upon the 'Nuisance Drdimnoe.141a 86. public streets, highways, roads, alloys, 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 ofthe 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 pertained by law to be engaged. 3. Minors in Amusement Places. No person, operating or in charge ofany place of amusement. entertainment, or refreshmenl shall permit any minor under the age of eighteen (1 g) years to remain in such place during The hours prohibited by this ordinance, provided, however, that the provisions ofthis section shall not apply when such minor is accompanied by his or her parent, guardian, or other adult person having the care and custody ofthe minor. Section 5. Enforcement. It shall be the duty of the Council 10 enforce the provisions of this Ordinance. The Council may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this Ordinance, including the power to inspect private premises, and the officers or agencies charged with enforcement ofthis Ordinance shall take all reasonable precautions to prevent the commission and maintenance ofpublic nuisances. Section G. Abatement of Nuisances. 1. Procedure. Except as otherwise provided within this Ordinance, whenever the officer charged with enforcement determines a public nuisance is being maintained or exists on a premise in the City, the officer shall notify in writing the owner of record or occupant ofthe premises of such fact and order that the nuisance be terminated and abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. if the notice of violation is not complied with within the specified time, the officer shall report that fact to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be beard, determine that the condition identified in the notice of violation is a nuisance and order that if the nuisance is not abated within the time prescribed by the City Council, the City may seek injunctive relief by serving a copy of the Council Order and a Notice of Motion for Summary Enforcement or, obtain an administrative search warrant for access to the premises or property has been denied, and abate the nuisance_ In those cases when the nuisance pertains to noxious weeds, rank growth and grass and weeds as defined in Section 210.0IO(B)(4), The City Council after notice and hearing may cause the nuisance to be abated imrediately by the City. In those cases where the nuisance has been recurring and can be abated by reasonable maintenance procedures, the City Council'& order to abate shall be effective for up to two (2) years. 2. Notice. Written notice of the violation. norice of the time, date, place and subject ofany hearing before the City Council; notice ofthe City Council Order; and Notice of Motion for Summary Enforcemert hearing shall be served by a peace officer or a designated official on the owner ofrecord or occupant ofthe premises, either in person or by certified or registered mail. 1fthe premise is not occupied, the owner of record is unknown, or if the owner ofrecord or occupant refuses to aroept notice, notice of the violation shall be served by posting it on the premises. 3. Emergency ProceduredSurr nary Enforcement. In rases of an emergency where delay will permit a continuing nuisance to unreasonably endanger public health. safety or welfare, the City may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer or designated official shall determine that a public nuisance etasts or is being maintained on the premise in the City and that the delay in abatement will unreasonable endanger public health, safety or welfare. The officer or designated official shall make a reasonable attempt to notify in writing the occupant or owner of the premises of the ronue of the nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedures set forth in subdivision 210.020(A) and may order that the nuisance be immediately terminated or abate& if the nuisance is not immediately terminated or abated, the City may order summary enforcement and abate the nuisance. 4. Immediate Abatement. Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety- S. Judicial Remedy. Noihing in this section shall prevent the City from seeking a judicial remedy when no other adequate administrative remedy exists. Section 7. Recovery of Costs. 1, Record of Abalement Cost, The City shall keep a record ofthe costs of abatements, including administrative costs, done under this ordinance and shall report monthly all work done to the appropriate officer for which assessments are to be made, staling and certifying the description of the land, lots, parcels involved and the amount assessable to each. Nuisance Ordinance No 86 Commented [EPM10]' The changes below utilize abatement language from Shoreview, a city that uses a process the gem Take city 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 owned by that person shall be personal]y liable for the cost ofthe abalement, including administrative costs. As soon as the work has been completed and the cost determined, the City shall prepare a bill for the cost and snail it to the owner. Thereupon, the amount shall be immediately due and payable at the Cit} s administrative office. 3. Assessment. After notice and hearing as provided in Minnesota Statutes Section 429.061, as it may be amended from time to time, if a nuisance is a public health or safety hazard on privale or public the City Clerk shall, on or before September I next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable, The City Council may then spread the charges against the property under the provisions of N irmesota statutes Section 429 and any olher pertinent Statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments. not exceeding ten, as the City Council may determine in tacit case. Section S. Penalties. In addition to any fines, costs, or assessments provided for by this Ordinance or other City Ordinances, the City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person, if convicted, may be punished by the maximum fine and term of imprisonment provided by Minnesota Statutes § 609.02, subd. 3, as that statute tray be amended from time to time - Sec don 9. Repeal. 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 10. Severn bi lity. Should any sectim subdivision, clause or other provision ofthis Ordinance be held to be invalid by any court ofcompetent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any pan thereof, other than the pan held to be invalid Section 11. Effective Dale. This Ordinance shall take effect and be in force from 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 1 disposal Container Units Updated- December 20, 7022 — Added language in regard to parking regulations and wintor parking regulation Updated: June 20, 2023 — Removed language in regard to Methwnphctaminc and Traff:c.'V ehicles and created individual orduumees to address these. Nuisance Ordinance No 86 City of Gem Lake', Ramsey County, Minnesota Clandestine. Drug Ilabs Ordinance No. 143. AN ORDINANCE.REGARDING CLANDESTINE DRAG LABS AND PROVIDING FOR ASATEMEN'r AND I'E'NAL'TIFS FOR VIOLATION THEREOF. 1'11E CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section .I. Purpose and Intent. !'he purpose of this Ordinance is to protect the public health, safety and welfare and reduce public exposure to health:.rislss where law enfgrecinent officers have determined that hazardous chemicals From a suspected clandestine drug lab or chemical dump site may exist. T'hcse. conditions present health and safety. risks to occuparits and visitors of such. structures and laid through fire; explosion and. skin and respiratory exposure: to. chemicals; The..City Council finds. that such sites may contain.hazardous chemicals, subAances, .or: residues that place people;. particularly. children or adults of chil& bearing age, at risk of exposure through inhabiting the property, visiting the prop or using or being exposed to contamiriatcd personal.property. Section 2. lleliniti0ns. For the purpose of this Ordinance, the following term, or wVudsshalI be interpreted as roIIows: 1. Child -- means any person Icss than. 1.8 years. of age: 2. Chemical dump site — means.any place or area where ctierpicals or other waste materials have been located. 3. Clandestine drug. lab means the unlawf'uI manufacture; or attempt to. manufacturc controlled substances. a. Clandestine drug lab site- means any place or area where.-, a]► onforcement has determined: tha .conditions associated with the.operattion or. unlawful clandestine drug lab exist. A cla ri[iestihaiiug lab site.includes arty dwellings, accessory structures, buildings,: a chemical durrip gite;A Vehicic. boat; .trailer another similar appliance orany other area: land. or Iocation: x 5: Cleanup — means proper. removal and/or cobtain ment'Of: substances. hazardous to.human s and/or.the environment at a clandestine. drug lab site or chemical dump site:::.. r•;:. G. Controlled suhstanc0:-_means 4hy drug, substance or im.Meiiiafe:precursor in Schedules. I through. V of Minnesota Statutes Section 152,01 I'he .term: does. not include: distiIIcd:spirits.. wine .. Malt beverages, intoxicating liquors or tobacco. 7. Owner-- mcans ally person; firm. corporation, or other entity who owns in whole Or in part; the land, building, structure,,.vehicle. boat, :traileror other. location ass ociated-.w:ith a clandestin6.drug lab site orchemiCal dump site. 8. Pul lid:: 1[calti TMisadce. - means;a nuisance as.detiped above: or under Minnesota Statute:.Section 145A.02, siitidivision IT 9, Iieti ediation — means m Avos. such as asse.ssnient, evaluation, testing, venting; detergent scrubbing: enclosure, encapsulation, demolition, aft6r removal af:cvntantinated materials from a clandestine drug lab site or chemical dump site.. Section 3. Administrli iuii':. 1: Declaration of POftityas 2.F.1.6 Iic.IIcalth Nuisance. 1, Any property confairiii g a ciandestinc drug lab or chemical..dvmp site will be declared a public :heal th nuisance. 2. No person May occupy, enter or allow ❑ccupancyor entrance to property dccIared a public health nuisance under: this.Sce.tion until srich.Oct aration is vacated or Mod i#ied to allow occupancy. ?. Law Enforeement Notice to Othcr Authorities. Upon identification of a clandestine drug .lab .site. or chemical dump site deemed to place neighbors; visiting public. or present and future ❑ccupants.of!he affected. pro pe;ty.at risk:for `exposure to..harm fuI contain inants and other associated conditions; law enforcement ollicials shall notify the City Environmental Health 0Mciai and other appropriate municipal; child .protection,: and public health authorities of the property Iocation, the: property owner if known. and conditions found. ❑rug Lab Ordinance No.. 143 3. Seizure of Property. 1. 1f a clandestine drug I A.or chemical duinp site is located inside a ►rchielc, boat. trailer, or other form o.f moveable personal properly, Iaw onforcoment.authorities'may: immediately seine. such property and transport it to a more secure location: 2. Personal property: may rib t.be removed from a clandestine drug lab.sito 6r a'cltemical dump site wilhout.the. prior consent from the City Environmental. health Official. 4, Action by City EavironmentaI-Health Official. 1, Upon notification by law cnforccment.authorities; the City. Environmental Health Official or other appropriate municipal or.public health authority *!][.issue a Declaration. of Public Health Nuisance for the affocted:property and post a. copy o f th a, Do clarati o a at at probable entrances to the dw.eIIing.or property. 2. Rem oval. of lbc.posted Declaration of Public health Nuisance by.anyoiie other than the Envtrotime ntal. Heal111 Official, Iaw enforeernent authorities. or their designees, is prohibited. 3. The City Environrrienta1.1-1cal th official shall. also atteinpUp..notify.the following part ics.of Ihe. Declaration of Public I-IcaIth Nuisance; 1. Owner of the .property; 2, Occupants of the property; 3. Neighbors close }iroxirriity. that can ;'reasonably affected by thc.conditions found: 4. The Ramsey County Sherifrs Departnicnt; and 5. Other state and local: authorities . such as the Minnesota PoIIution Con troI Agency And'the Minnesota. Department of Public Health; which are:known to. hade'puhlic.And environmental protection responsibilities applicable lq the. situ atioh....:::. d. Ady rental license. issued. by the. City 'for ilk property. is im.med ately suspended upon issuance of the Declaration of Public He.alth`Nuisance Such .I!cc nse:w'iiil:be reinstate6o'nly after full compliance with an abMertent order. [. 5. After issuance. of the. Declaration :of P 6 b I i c I-lea[th::Nu.isance..the CityEnv iron mentaI He alth.0ffiiCia] WilI issue an order to the. property owner to dba'te:the p ubl 1 c h ealtl nuisance: 'rhe.ab ate me nt o rd or will include the following: 1,.,....A.copy of the D.ec]aratidih bOtPublic,ficaiih.Nuisance; order is iinmedlatel vacate those onions"pf the property,. including building.0 structure inleriiirs, Y P wliicli MU..placc thc>accupants or visitors'at risk.; 3:: NotkCcat ibh..6f:suspcnsion..of the rental Iitons c, if applicable; 1111'k.2'.k. A summary oft owner's and. occupant's responsibilities; tatian on locating pro fessional:services necessary to remove and abate the public health nuisance as provided iri this.Ordinancc.and Minnesota Statute. Section 145A..14 and. 6. Inforrriation. abotdt'Ae potentially hazardous. condillon.of the clandcatinc.drug lab. site or chemical .dump site. >' 5.. Responsibilities of Owner. 1, Upon reccipt.6f an abatement Order by the City's E n vi ro nine ntal 1-Ical th 0f5cial, :the property owner must, at the. owners expense: 1. Immediately vacate those 'portions of the .property, including building or struc[are .interiors that may place the occupants onvisitors:at risk..This inoludes'dwellin.gs; buildings; motor vehicles., trailers, boats, appliances or any.olher affected area or.1ocation. No person shall occupy, enter or allow occupancy or entrahee:to a buiId;'ng or structure deelared a Public.11cal th Nuisance until such dcclar4tion is vacated or modified to allow occupancy; 2.. Properly secure and post warding: signs on the perimeter of any contaminated areas on the property ifttin eftort. to adoid exposure to unsuspecting parties; Dnin Lab Ordinance No, 143 2. 3. Promptly contract with one or acceptable environmental hazard testing and cieaning firms (acceptable firms are those. that have provided assurance ofapprop riate cquipnien1, procedures; and. personnel, as de term incd by the Minnesota Department of Health) to ace ompIish th.e following: 1. A.detailed on=site assessment of the extent of contarrunation at the site and the contamination of the personal' property therein; 2. Soil testing.of the site and testing of.all property and soil in proximity ta the site that the environmental hazard testing ail d.cIcan ing•form determines may have been affected by the conditions found at the site; 3. . A complete cleanup of all property and soil al the site and in proximity to -the site .that is found to..b.e affected. by conditions. found at.:the site. (including but not limited to; the; cicanup. or removal of contaminated plumbing, ventilation systems.. fixtures and contaminated soil) or a- d.emolition of the site and a coritpletc cleanup of the- demolislied sitc; 4.. Rentediation:testirig and lbllow- up teSting'toAcie'rmine.411 health'risksare sufficiCutly. reduced, according to thc: Minnesota I7,epaitmeritof Health:guidclines, to allow safe human. occupancy and use of the. site and use or. the persorial..property therein. 4..Regularly notify the C.ity.of actions #aken.6nd. reach agrcernent it,ith the City on the cleanup schedule. The City shall co.nsidqrpractical limitations and :the availability of contractors in approving die schedule far%dleaziup, and 5. Provide written docuincritatiou 4hp City of thc. cicanup process: including a signed, written statement that the property is sa%-foT huinaw6Ctiupancy and that th&: Icaiwp was conducted in accordan.cc with Nfinnesota Departtnerit ofHi alth guidcIines. 2. The property may not he re-occup ied:;or used in any in ner�uTit iI the City has obtained the .written statement in paragraph (1.)(v) and has.confirmed`thAU e.property ha's hcen cleaned in. accordance. with the guidelines established by the Minnesota.. ocparh, nt afHealth. 6. Owner's Responsibility for Costs. The owner is -responsible for'all costs associated with nuisance abatement End cleanup of the clandestine drug Idb:sire or ch erffl&d. dump site; iticlttd ng.. but iioi Innifcd to; costs for; 1. E in c rgency Res po nse; 2. Posting and pbyslcal:security.of the site; ,3 ::: %tifi.cations of affF ted parties; : 4: F.xperi56s''related to the recovery ofc.osts;:including:the assessment process; S. Laboratory Pees;:: G Cleft11up services; .7. Administrative fees; and: - 8: C7tltcr associatcd r.. 7:. City Authority to .Mitii to Cleanup and Recovery of Costs. l.. I.r, ivithih ten (1.Q)... 49 alter service .of notice of tire. Declaration of Public Health Nuisance, the City is unable to locate the..property owner or if the.City.Environmental Health. Official detcrmines.that the:owner refuses to. or cannot pay the costs, or. arrange timely assessment and Cleanupthat is.accep table to the City;. the City }Environmental Health Official is authorized to proceed `in a prorttpt manner to initiate the on -site assessment and. cleanup, 2. The: City may abate the nuisance by rcrrioving. any hazardous structure, building; or otherwise. in accordance. Mth Minnesota Statutes Chapter 463, Section 14 of this .Ordinance or by any other mean provided under lay , 3. lrthe City abates the public health nuisance. in addition to any legai..remedy, it is entitled to recover all costs. associated with such. abatcrricnt plus an'additiona1251/6 of the City's costs ror administration: I additiori to any other: legal remedy: the City may recover costs by civil action against the person :0r persons who own the property i.n the.matte r that. taxes and special assessments arc certified and collected pursuant to Minnesota Statutes Section 429.101. ❑rug Lab Ord inanceNo. .143 8,. Authority to Modify. or Remove Declaration of Public Health Nuisance. L T.l e Environmental I.3cal th Ol'f vial is. authorized to. modify the Dcclaration. condiIions or remove the Declaration of Public Health Nuisancc. 2. Such modifications or removal of the Dcclaradon shall only occur after d oc tun en (at i on from a.qualif ied environmental or cleaning firm stat in g. that. the Health and safety rislts, ineluding.those to neighbors and potential dwelling occupants., are suffipI ently abated or corrected to allow safe .o ccu pancy of the dwelIing.. Section 4..Enforcement. It shall be the duty of theCounc'il to enforce the provisions`of this Ordinance. The Council may, by resolution, delegate.to other off;ccr(s). or agcncics.porver to chforce particular pr&isions.of this Ordinance. including the power [a'inspe.ct p.riVatc prem iscs,'and: theofficers or agencies charge d with.cdorcemcnt of this .0rd1nancc shal1.take all reasonable. precautions to prevent the commission and maintenance of chenticaI dump sites; clandestine drug lab sites, and public.health nuisances: Scct:iun 5. Penalties. In addition tD any fines,.costs,. or assessments pro.vidcd fo..r by'this. Ordinance or other City Ordinances. the City may'prosecute a violation. of any provision of this Ordinance as a misderiieanoi•, and a person. if convicted, may be punished by the maximum fine and term of rh pr is onto ent provided by Minnesota Statutes §.609.i0 . subd; 3, as that statute may be. amended from time to Time. Section 6. Repeal. Th i s, Ord i n an co supersedes, replaces and rep within this Ordinance. Any portion of such prior Ordinances no'. Section 7. Severability. Should any -section, subdivision, claus-ear;oth tourt of'cgmpetent;jurisdietion,.such decision shall not affect the valid . tither than the part held.to. be invalid. Section 8. Effective Date. This Ordinance slia11.take:effect and be in fo ❑atcd: priorOrd.inances relating to the same subjects contained orated within this Drdihan.Pe is expressly repealed. ;r provision of this Ord inance.be Iteld.to be i&alid.by any tyof the .Ordinancc as a tivhole;:.or of any part. thereof after is passage and pubiication. Drug Lab Ordinance No. 143 City of Gent Lake, Ramsey County, Minnesota Traffic and Vehicles Ordinance No. 144 AN ORDINANCE TRAFFIC, PARKING, V EHICLES, AND USE OF Sf REETS AND HIGHWAYS, THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS. Section 1, Purpose and Intent. The purpose ofthis ordinance is to protect public safety, reduce interference with public travel, and allow for the orderly use of vehicles within the City. This ordinance is intended to protect life, property, and to prevent public nuisances. Section 2. Traffic and Vehicles 1. Snowmobiles 1. Incorporation by Reference. The provisions of Minnesota Statutes, Sections 94.84 through 94.90, and the provisions of the Regulations ofihe 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 rime to time become effective, are hereby adopted and incorporated herein by reference. 2• Limitation ofOperation. No person shall operate a snowmobile in the City ofGem 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 ofeleven (1 l) o'clock p.in. 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 pasted 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 confiicl with or endanger other persons or property. L S,.Yyf gy�yF. hgF! e..._ Yet!IiI �Ht ,O{!„ 11 41d-41F1W:•^• -•. ririvi- iF• r like ttSe nTei xi-k.w l4era14q,.+WNI 414�-rr+x-c1j s_ 4 :wAwR..4gk-- .-. -.... kH tip disai4 v1 +tx+wittc.Hrin shall he rarsHtt 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. tide+H€RSOP "ritrORE14, :H-ryssx-xF. 1! Ed! , 14 ks 1,.... i 44vr IkNnrNH 14'rc+F-ut-Ie 4isrFr kd+.i}.ap at+lc �. _,,�-ar,n-�.... ... mmi -,k4rAwe4 of .. l._ ,.hi ..� _ et4 tth"AV .. NiX. thr Ft lHti 8. Authorized Snowmobiles. Authorized snowmobiles maybe used on any public property within the City for rescue, emergency or law enforcement purposes. 2. AIlLTcriain Vehicles —(ATVs) I. Limitation of Operation. No person shall operate an all -terrain vehicle in the City of Gem Lake except on public trails, waterways, and highways specifically designated for such use, or on private property where lawful permssion has been obtained from the property owner, occupant, or lessee. No all -terrain vehicle shall be operated within any public right -of --way or on a public sidewalk or trail provided or used for pedestrian or bicycle travel. 2. Hours of Operation. No person shall operate an all -terrain vehicle in the City of Gem lake between the hours of eleven ( I I ) o'clock p.in, and seven (7) o'clock a.m. prevailing time in Ramsey County, Sunday through Thursday, Traffic and Vehicles 0rdir-som Ne, 144 and from one (i) o'clock a.m. to seven (7) o'clock a.m. on other days, including the day preceding a national holiday. 3. Speed. No person shall operate an all -terrain vehicle in the City of Oem Lake at a speed in excom 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 taw area, or other areas where such operation would conflict with or endanger other persons or property. 4. Authorized All -Terrain Vehicles. Authorized all -terrain vehicles may be used on any public property within The City for rescue, emergency or law enforcement purposes. Golf (.art+ I License and Operation. In order to upcl at a golf can (in ('n} Streets, opatitul s shall ha%e a v al id dr rover's ITcenyc or learnn s pcTnil L along with a:urtCal Cit% issued 6oIfCarl PerrritT and prtof of insurance 1 vm rnornrizedFt) if can operatar must have proof of instuance in pose ssi km IA hJC opei atinu, the mpTonzcd go tf cart on dcsignai ed streets. and shall produic such proorof insurance on dcniand of a police officer as Specifled in Mumcsoia Statutes Sccil lm I6k1 7a 1 Fla on of Operation. Golf caets may arch be operated on designated roadways from sunrise to sunset Grilf Cans ~hall Txrt be operalcd Tn InCIement wcaihn or when vns,brhry is unpaired by weather and where unsafe road :nnChtjons cxiS(. ur at ant_ term when (here IS nisuffrclMl Iighl IoclearIN see persons and �chldcs km the roadway at a distance of 500 feet Golf('art Permit and Application. I Operatafs of FillfunrIS may apply fora Golf( "art Permit, using an uliplication prepared fix by the Cuy SnLh application shall inc ludc an apphcanf s unormattun. diner's hoense. a copy evl insurance Inlortnalron un the golf can to be (Iperalcd. and other taformatian as needed by the C ity In rev icw and issue apprnv ad or drnial of the pet pill A (iolF('art Pe'itnl will be Issued dui a period of one ( t ) year and The shall be a fee rcquirnl I'm administrative scnIccsasestablished in the ('Ity of (rem I ake Fee Schedule This permit tnay' be renewed all n mil I The PCrrm1 nuw be revoked at any time if thcec is n idence that the perms nee cannol safely ITper are the motorized e-olf can, or if any cnher requiremcn is ur sections of this OTduance art firund (u be v mlataf a Per notrcc and hew IPig. by the C-Tty Clumc11 3 A Golf Can Permit shall be issued for a specific golf cart A current ctiy-tssucd opcT at or s permit tag or slicker shall be plainly risihie from The frunt and IN sides of the gulf cast, as dclCrrnil4CII by the City COuncil 4 1he golf can shall be 1n grind wwkiaE condilnm and safe pot the transpnrlanort Of passengers •1 Signitre Required un Golr Ca rte. (iolf cater 6ha 11 display the cdow meneng veh lcic emblem provided in 1t4mne54Aa Statutes Secn on 169 522. when riper aced on de si gnatcd roadways, and he cy uipped wish a rewNlew merror capable of v Iewing at least 200 reef behind the cart 1 ses prnhibfted. \o persam shall operate a motorized gulf:art On a public sidewalk or trail, unless otherwise authan Ird by the City 4. Use of Streets and Highways; incorporating State Traffic Laws I. Highway Traffic Regulation Act incorporated by Reference. The regulatory provisions of Minnesota Statutes, Chapter 169, and any amendments thereto or substitutes therefor that may from time to time becoTne effective are hereby adopted as a traffic Ordinance regulating the use of highways, streets, and alleys within the City of6em Lake and are hereby incorporated in and made pan of this code as completely as if set out here in full. 2. Penalty. Any violation of the statutes adopted by reference in 62.1 is a violation of this Code when it occurs within the City ofCrem Lake. Traffic and Vehicles Ordinance No. 144 Section 3. Parking Regulations I . In General- IIis unlawful for any person to stop, stand or park a vehicle, enroept when necessary to avoid conflict with other traffic or in compliance with the specific directions of a pal ice officer or traffic control device, in any ofthe following places: I. On a sidewalk; 2. In front of a public or private driveway; 3. Within an intersection; 4. Within ten (10) feet of a fire hydrant; 5. On a crosswalk: 6. Within twenty (20) feet of a crosswalk at any intersection; 7. In a sign -posted fire lane; 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. Within fifty (50) feet of the nearest rail of a railroad crossing; 10, Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; 1. On the roadway side ofany vehicle stopped or parked at the edge or curb of a street; 2. On any Midge or elevated structure of a street; 3. At any place where official signs prohibit stopping; 4. In from ofa mailbox during the hours of 9:00 a. FrL to 4,00 pan. Monday through Saturday. Postal tarsiers must be able to drive into and out of the delivery area without backing up- 2- Passenger VeldcIt& No passenger vehicle Sha11 be parked on any street within the City of Gem Lake for more than seventy-fwo (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 of 2:00 a.m. and 6:00 a.m. from November I" through April I" ofeach 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 (1) inch or more which necessitates the plowing and removal ofsnow 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 ( I ) inch until such time as the plowing and snow removal has been completed 5. Enforcement ofParicing Regulations. When the City Council, or an officer or agency as designated by the City Council to enforce this Ordinance, 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 City Council, or an officer or agency as designated by the City Council to enforce this Ordinance, 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 Polly 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 towing, or both, is not reclairned, 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 of this section shall be guilty of a party misdemeanor Tragic and Vehicles Ordmanee No. 144 Commented [EPM11. some cities specifically limit the q of vehicles that can be parked on residential properties, it is also not uncommon to see limltatio[n of less than 72 hours far street parking Section d. Enfarccntent. It shall be the duty of the Council. to en form the prbvisions of this Ordinance. The Council stray, by resolution, delegate to other officers or agencies power to enforce particular pra��siong ofilf is ❑rdinancc, Including.tlic power so inspect privafc prtnnises, and the ofiiccrs or ageticies charged tsidf enforccincnt pftltis ikdinancc shall take all reasonable precautions to prevent violations of this ordinance. Section. S. penal tics, in addition to mly'Gnes, costs,. or assessments provided for by ibis pidinance or othcrCity Ordinances,. the City may prosecute a violation of any provision.of this Ordinance asa misdemcanor;.and a person, if convicted; may ix punished by the. ntaxiriumn fine and teifn of impiisonfnem prox idcd by Minnesota Statutes § 604•02, subd.3,.as that.statutc slay be amended from time to tittle. Sertiun S. Re pea This Ordinance supersedes, replaces. and repnalsall ph orOrainances relating to the same subjects contained w•itkf sit this Qrdin:utcc, Arty portion of such prior.Ordinaticcs iiot iucorporatciiwith ill sibs Ordinance is expressly repealed. Section T. Scverabilily. Should any section, subdivision, clause or other. provision of this ❑rdinatce lic ifcld to lte nvaf rd by any court of compownt jurisdiction, such decision shall not affect die validity of the Ordirrenco as a whole.:or of.any part thereof, 'other than the part lied to be invalid. Section S. wfectivc Date 'flits Oidinancc shall. take cffccr and be in form-.iruM:and after is passagc and pub] icafion, Dated: Crretchen Artig-Swo-rdey, fviayor Melis3a;4*rrencc, Acting City Clerk Traffic and Vehicles Ordinance No. 144 4 CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road I Gem Lake, NIN 55110 651-747-2790/921651-747-2795 (fax) E-mail city aQgemlakemn.org Gem Lake Planning Commission Meeting July 11, 2023 Sign in Sheet Name Name Please print clearly Please print clearly CG can C1_.C> - Nnm'- Trat(�--