4.5. SR 10-19-2015 Gty
Elk Request for Action
R.iVer
To Item Number
Mayor and City Council 4.5
Agenda Section Meeting Date Prepared by
Consent October 19, 2015 Chris Leeseber , Senior Planner
Item Description Reviewed by
Resolution for Summary Publication of Ordinance Zack Carlton,Planning Manager
Relating to Fencing Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by resolution, the summary publication of Ordinance No. 15-31, an ordinance changing the
height of fences requiring permits and allowing automatic pool covers as an allowed barrier.
Background/Discussion
Modifications to the city's ordinance regulating fence permits and automatic pool covers adopted during
the September 21, 2015, City Council meeting were:
1. Increasing the height at which a building permit is required to construct a fence from six to
seven feet.
2. Elimination of the language limiting swimming pools to be completely enclosed with an opaque
chain-link or equivalent fence at least four feet high with a lockable gate.
3. Addition of language in the footnotes of the tables in sections 30-1007, 30-1042, & 30-1582
allowing fencing and automatic pool covers as an allowed barrier.
Due to the cost to publish the ordinance, staff has prepared a summary of the ordinance for adoption via
the attached resolution. The resolution fulfills all legal publication requirements as completely as if the
entire ordinance had been published.
The city attorney has reviewed the summary.
Financial Impact
Adopting the resolution for summary publication of the ordinance will save the city on publication costs.
Attachments
■ Resolution
POWERED 6T
AR
City of
Elk
River
Resolution 15-
A Resolution of the City of Elk River Approving Notice of Summary
Publication of Ordinance No. 15-31, an Ordinance Amending Sections, 30-
796, Fences; 30-1007, Accessory Structures; 30-1042, Accessory Structure
Setbacks; 30-1582, Accessory Structure Setbacks, of the City of Elk River,
Minnesota, City Code
WHEREAS, on September 21, 2015, the Elk River City Council adopted Ordinance No.
15-31 amending Section 30-796, entitled "Fences;visibility at intersections
and driveways", and Section, 30-1007, entitled "Accessory structures"; and
Section, 30-1042, entitled "Accessory structures setbacks"; and Section, 30-
1582, entitled "Accessory structures setbacks"; and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary will clearly inform the
public on the intent and effect of Ordinance No. 15-31; and
WHEREAS, a copy of the full text of Ordinance No. 15-31 is available for inspection by
any person at the office of the Elk River City Clerk, 13065 Orono Parkway,
during regular business hours — 8:00 a.m. to 4:30 p.m.,Monday through
Friday.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows: That the City Council,by at least four-fifths votes, authorizes
publication of the title and the following summary of Ordinance No. 15-31.
Public Notice
During their September 21, 2015, meeting, the City Council adopted Ordinance No. 15-31,
an ordinance amending Section 30-796, entitled"Fences;visibility at intersections and
driveways", and Section, 30-1007, entitled "Accessory structures"; and Section, 30-1042,
entitled "Accessory structures setbacks"; and Section, 30-1582, entitled "Accessory
structures setbacks"
In summary, Ordinance No. 15-31 makes the following three (3) changes to Sections 30-796,
30-1007, 30-1042, & 30-1582 of the city code:
1. Increases the height at which a building permit is required to construct a fence from
six (6) to seven (7) NATUREJ
2. Eliminates language limiting swimming pools to be completely enclosed with an
opaque chain-link or equivalent fence at least four feet high with a lockable gate.
3. Adds language to the footnotes of the tables in sections 30-1007, 30-1042, & 30-
1582 allowing fencing and automatic pool covers as an allowed barrier.
Passed and adopted this 19th day of October 2015.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI