CONSENT AGENDA - Cathy Sorensen, City Clerk
Title
PUBLICATION OF THE TITLE AND SUMMARY OF ORDINANCE 16-2341 AMENDING CHAPTER 18, ARTICLE IX, SWIMMING POOLS OF THE CODE OF ORDINANCES OF THE CITY OF BLAINE
Background
Ordinance 16-2341 was adopted on February 18, 2016. Minnesota Statute 412.191, Subd. 4, provides for publication of the title and summary of an ordinance in the case it is lengthy, if the City Council determines that publication of the title and a summary would clearly inform the public of the intent and effect of the ordinance. As Ordinance 16-2341 is lengthy staff is recommending adoption of the proposed summary resolution. The entire ordinance is available for inspection during regular office hours at City Hall and can be forwarded upon request.
Recommendation
Adopt the resolution providing for a summary publication of Ordinance 16-2341.
Body
WHEREAS, City Code states if the City Council of the City of Blaine determines, pursuant to Minn. Stat. § 412.191, subd. 4, that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may, by a four-fifths vote of its membership, direct that only the title of the ordinance and a summary be published with notice that a printed copy of the entire ordinance is available for inspection by any person during regular office hours in the office of the City Clerk. The publication of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published; and
WHEREAS, the City Council of the City of Blaine has reviewed the text of the Ordinance Summary incorporated herein for Ordinance 16-2341 relating to Amending Chapter 18, Article IX, Swimming Pools of the Code of Ordinances of the City of Blaine and is as follows; and
• Sec. 18-381. - Definitions. - expanded/updated definitions for private residential pools, public swimming pools, and swimming pool definition
• Sec. 18-401. - Required; application. (a) exempted need for building permit for prefabricated pools entirely above ground which do not exceed both 5,000 gallons in capacity and a 24 inch depth and (b) amended site plan requirements to include identifying all barriers in addition to fences and removed need to identify location of structures on all adjacent lots
• Sec. 18-402. - Fees - removed language that permit fee for aboveground and inground pools shall be based on the valuation of estimated cost of the pool and its installation
• Sec. 18-421. - Location - (a) removed reference to specific article of National Electric Code and included most current MN State and National Electric Code instead (b) removed reference to specific zoning districts for pool locations to include all zoning districts; included pool deck surrounds and aprons to be not located closer than ten feet to any adjacent property owner’s lot line; reduced locations of filter unit, pump, heating unit, and other noise-making equipment to be no closer than ten feet but located in the rear yard
• Sec. 18-424. - Standards. - Updated standards with regard to all private residential outdoor swimming pools to meet all requirements of the standards, barriers/fencing materials of a specific lateral load, all shall be made inaccessible when not in use by non-climbable barrier with the exception of spas and hot tubs with lockable safety covers, specifications with regard to barriers, barrier openings, and pedestrian access gates
• Sec. 18-425. - Swimmer safety. - Section removed
• Sec. 18-452. - Plans - require details of pool, barrier, and surrounding areas
• Sec. 18-454. - Health and safety. - Section removed
• Sec. 18-455. - Operation. - Section removed
WHEREAS, the City Council of the City of Blaine determined that the Ordinance Summary clearly informs the public of the intent and effect of Ordinance 16-2341.
THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine herby directs that the title and Ordinance Summary of amendments shall be published in the official City newspaper and herby gives notice that printed copies of the complete Ordinance are available for inspection by any person during regular office hours at the Office of the Blaine City Clerk, and that a copy of the entire text shall be posted in the official posting place in the City, and further directs that a copy of this Resolution, as enacted will be published.
PASSED by the City Council of the City of Blaine this 18th day of February, 2016.