CONSENT AGENDA -Cathy Sorensen, City Clerk
Title
PUBLICATION OF THE TITLE AND SUMMARY OF ORDINANCE 19-2435, AMENDING CHAPTER 18 - BUILDINGS AND BUILDING REGULATIONS ARTICLE VIII. - RESIDENTIAL MAINTENANCE CODE AND ARTICLE X. - LICENSES FOR RENTAL DWELLINGS, REASONABLE ACCOMODATIONS FOR SOBER LIVING HOMES, OF THE CODE OF ORDINANCES OF THE CITY OF BLAINE
Background
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 19-2435 is lengthy staff is recommending adoption of the proposed summary resolution. The Ordinance was adopted September 16 but the summary resolution requires an affirmative vote of four-fifths of the Council and was postponed to allow for more members to be in attendance. 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 19-2435.
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 19-2435 as follows:
• Establishes definitions in Sec. 18-301 Residential Maintenance Code and Sec. 18-501 Rental Dwellings for sober living homes
• Amends Sec. 18-509 Suspension, Revocation, Denial, Nonrenewal to provide hearing process by a hearing officer on behalf of the City Council
• Sec. 18-511 creates the licensing standards for sober living homes including purpose and intent, definition, license requirements and application process, and public hearing process
• Sec. 18-512 allows for inspection of dwellings to safeguard the health, safety, and welfare of the public
• Sec. 18-513 outlines the length and terms of the license including requirement of member in the Minnesota Association of Sober Homes
• Sec. 18-514 outlines the license suspension, revocation, denial and non-renewal process for sober living home licenses including notice of hearing
• Sec. 18-514 requires display of license on premise
• Sec. 18-516 outlines fees for sober living homes to be determined annually by City Council
• Sec. 18-517 outlines violations and penalties for violation of any articles
• Sec. 18-518 provides the process for the reasonable accommodation in accordance with the Federal Fair Housing Amendments Act of 1988 and outlines the review process and formal recommendation of a sober living home license to City Council based on specific factors and location
• Sec. 18-519 provides disorderly premises process based on violations of City Code and/or State Statute, including identification of enforcement authority and notice of violation required, instances defined, and eviction proceedings for sober living homes; and
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 19-2435.
THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine hereby directs that the title and Ordinance Summary of amendments shall be published in the official City newspaper and hereby 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 7th day of October, 2019.