07/22/1997 Minutes - Laserfiche WebLink

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? ? research he could not find any documentation proving that a six foot barrier should be the requirement. He believed the city has placed a very arbitrary standard on its citizens if there is nothing to prove a six foot barrier is necessary. Councilman O'Grady believed ordinance 97-57 establishes a minimum barrier requirement on substantiated fact. Such ordinance allows the individual citizen to decide if they would like a six foot barrier. Mr. Brennan advised on average an individual. would spend approximately $2,000 on a four foot above ground pool and he estimated it would cost approximately $40 to install a two foot plastic chain link fence along the top. He wondered where the economic impact is on add.ing this fence. Councilman O'Grady believed the price quote was a bit low, as someone quoted $200.00 at the June council meeting. Mr. Brennan advised a neighbor of his recently put in a swimming pool and it cost $36.00 for the fence. Mrs. Batenchauk, a resident concerned about the cunent standards advised she would like to put up a four foot above grou.nd pooL She explained the cost is not a big concern, however, a fence causes a problem when removing a solar cover. Mr. O'Grady did not believe it was right for the city of North Olmsted to impose this requirement on its residents unless there is some justification for doing so. Mr. Manniug questioned if ordinance 97-57 will allow a six foot barrier. Mr. O'Grady coufirmed the minimum height is 4 foot but it does allow residents to install up to a six foot barrier if they so desire. Mr. Herbster would like to look into the ordinance a little further. before making a decision. Cou.ncilmau O'Grady wanted the ord.inance to be enacted prior to the end of su.miner. Mr. Brennan was concerned about all the residents that the city forced to put up a fence. Mr. O'Grady believed the city was unjustified when this was required and a change should be enacted as soon as possible. Mr. Brennan did not know.where the ordinance came from but stated that most codes and ordinances are reactionary in nature. He asked if Mr. O'Grady has spoken with any former council members. about how this became a requirement. Mr. O'Grady explained the most recent ordinance, enacted in 1985, was sponsored by Mr. Tallon. Mr. O'Grady has contacted other former members of council in search of why the 1985 ord.inance was approved. He received answers from there was a significant demand for six foot fences to six feet is safer than four feet. Mr. O'Grady believed if a kid can climb a four foot fence than a kid can climb a six foot fence. Mr. Tallon explained the current fence requirement creates a noise barrier for abutting neighbors. Councilman O'Crrady argued a board on board fence allows more room for a crimiual to hide and prevents abutting neighbors from noticing a small child is in danger near the pooL 1Vir. Brennan questioned if the fire department has had the opportunity to review Ordinance 97-57 as the fire department would get the call if a child scaled the six foot fence and drowned. Mr. O'Grady believed the police department would respond to this type of ca1L The planning commission would like an opinion from the safety department. Mr. Herbster wondered how long it would take to pass the ordinance if the planning commission passed on it tonight. Councilmau O'Grady advised he would like to get it back through the committee in council and have it put on a second reading as scheduled the begimiing of August. Mr. Herbster advised a third reading would be requ.ired for the second August council meeting. He did not believe anyone would want to put up a pool the end of August. Mr. Brennan asked if this can be refened to the safety department to determine if there was ever an abundance of drownings prior to this ordinance being adopted in 1985. He would also like to rely on the safety forces to give an expert opinion on if they believe changing the requirements would be a mistake. Mr. O'Grady advised there is no evidence that the 1985 ordinance resulted from a drowning, as Mr. Tallon would remember such an incident. Mr. Brennan questioned if this change would apply to residential as well as commercial swimming pools. Mr. O'Grady confirmed this requirement is for residents 6