08/19/1997 Meeting Minutes - Laserfiche WebLink

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MINUTES OF THE PUBLIC HEARING ..~,~i AUGUST 19, 1997 7 P.M. Present: Council President Boehmer, Council Members Limpert, McKay, Musial, Nashar, O'Grady, Saringer Also Present: Clerk of Council Seman Council President Boehmer called the public hearing to order at 7:02 p.m. President Boehmer announced that the public hearing was being held regarding Ordinance No. 97-57, an ordinance amending Section 1135.02 of the Zoning Code entitled "Accessory Uses and Buildings" of Chapter 1135 entitled "One and Two Family Residence District." Council Member Saringer asked what the city's liability would be if the pool fence height was Lowered from 6 to 4 feet. Mr. McKay said that he had spoken to the Assistant Law Director about this issue and was told that the city would have no liability. Mr. O'Grady commented that the National Swimming Institute, the Council of American Building Offices and the Ohio Building Officials Association all recommend a minimum height of 4 feet. Mr. O'Grady contacted a number of our surrounding communities, such as Rocky River, Westlake, Bay Village, Westlake and Olmsted Falls, that require a 4 foot high fence around pools. Mrs. Saringer said that she had contacted other cities, Brecksville, Middleburg Hts., North Royalton and Broadview Hts., that require a minimum of 5 feet. Mrs. Saringer said she just wanted to clarify for her own peace of mind what the State standards were, and she was voicing her feelings to help her make up her mind. Mr. Limpert mentioned that a safety hazard existed now because residents were required to lift solar covers over 6 foot fences. He believes this legislation will do a big service to pool owners in the community. AUDIENCE PARTICIPATION Jim Batenchuk, 29567 Westminster, wants the pool height to be lowered to 4 feet. Mr. Batenchuk expressed concern because he has seen pools in yards with no fences and wondered about enforcement. Mrs. Saringer said he should report the addresses and they would be checked out. Lee Batenchuk, 29567 Westminster, also spoke on behalf of lowering the pool fence heights to 4 feet. Ms. Batenchuk asked whether there were statistics to prove that a 6 foot fence saves more lives than a 4 foot fence. Mr. O'Grady said the safety forces were asked to research any incidents in the city prior to the change to 6 feet. They reported there were no incidents of a drowning due to the fact that the fence or barrier height was c