ADMINISTRATION - Jim Hafner, Stormwater Manager
Title
PUBLICATION OF THE TITLE AND SUMMARY OF ORDINANCE 16-2354 AMENDING DIVISION 3. - SPECIFIC USE OF STORMWATER PONDS, ADDING SEC. 34-523. - STORMWATER POND AERATION PERMIT OF THE CODE OF ORDINANCES OF THE CITY OF BLAINE
Background
Ordinance 16-2354 was adopted earlier in the agenda on August 4, 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 16-2354 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 16-2354.
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 16-2354 relating to Amending Division 3. - Specific Use of Stormwater Ponds, Adding Sec. 34-523. - Stormwater Pond Aeration Permit of the Code of Ordinances of the City of Blaine and is as follows; and
Sec. 34-523. - Establishing purpose and definitions for Stormwater Pond Aeration Permit
• Establishing requirements for Stormwater pond aeration permit, including location, timeframe allowed, prohibition of permanently installed equipment, limits of lighting and height and width of spray
• Establishing application requirements including agreement of abutting property owners, aeration system specifications, documentation of installer credentials, removal and maintenance documentation, and payment of fee
• Special Conditions outlining where aeration equipment is allowed, depth of influence, horsepower and draw water requirements, minimum pond water level depths and hours of operation
• Expiration of permit if installation, alteration or relocation of the aeration equipment has not commenced within one hundred eighty (180) days from the date of its issuance or if work is suspended or abandoned
• Annual renewal of permit requirements
• Exemptions including stormwater pond locations where a DNR permit already exists, public agencies with a Pond or Lake Management Plan or other master plan, such as a Park or Natural Resource Master Plan, and private stormwater ponds as defined
• Other permits required as part of Stormwater Pond Aeration Permit including but not limited to electrical permit
• Establishment right of entry to enter and inspect facilities
• Establishment of penalty, including notice of violation, time period to achieve compliance, administrative citation process and fine, including issuance of misdemeanor citation
• Severability of any decision does not affect the validity of the remaining portion of this Article.
• Ultimate responsibility outlines minimum standards and that this division does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, unauthorized discharge of pollutants, or reduction or elimination of any substance or organism
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 16-2354.
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 1st day of September, 2016.