7.2. SR 07-21-2014 �i
EOty lk Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin� 1july 21, 2014 Chris Leeseber , Park Planner- Planner
Item Description Reviewed by
Ordinance Amendment: City of Elk River Jeremy Barnhart,Deputy Director, CODD
Regarding Pools and Fences Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, the attached ordinance amending section 30-796 regarding pools and fences.
Background/Discussion
No one spoke at the public hearing.
The Planning Commission unanimously recommended approval of the request.
Financial Impact
None
Attachments
• Planning Commission memo date June 24, 2014
• Ordinance 14-
p 0 W I R I I a
ATURE
Elk ` - Request for Action
River
To Item Number
Planning Commission 5.2
Agenda Section Meeting Date Prepared by
Planning Items June 24,2013 Chris Leeseber ,Park Planner - Planner
Item Description Reviewed by
Request by City of Elk River for an amendment to Jeremy Barnhart,Deputy Director, CODD
the City's Zoning Ordinance regarding fences, Case Reviewed by
No. OA 14-02 —Public Hearing
Action Requested
Recommend,by motion, approval of the proposed language as it relates to above ground pools.
Background/Discussion
In November 2013, the City Council approved an ordinance amendment allowing automatic pool covers
to be used as a barrier. During that process, the last two lines (f&g) of Section 30-796 (4) were
inadvertently deleted from the proposed text. It was the text relating to above ground pools.
Staff recommends that the deleted language be added back to the ordinance.
Financial Impact
None
Attachments
■ Proposed Ordinance
P 0 W E R E 0 e r
NATURE
Sec. 30-796. Fences;visibility at intersections and driveways.
(4) Pools
a. All below ground swimming pools require a building permit and shall be enclosed with a
fence or covered with an automatic pool cover when not supervised.
b. The fencing or automatic pool cover must be installed prior to filling the pool.
c. Fencing shall be chain link,vertical pickets or solid. Spaces between the bottom of the fence
and the ground or between the pickets shall not exceed four inches.
d. Fencing shall be a minimum of four feet in height and all gates shall be equipped with self-
closing and self-latching devices placed at the top of the gate or otherwise inaccessible to
small children and provided with hardware for permanent locking devices.
e. Automatic pool covers shall meet the standards of F1346-91 (reapproved 1996) of American
Society of Testing and Materials (ASTM),as such standards may be modified, superseded or
replaced by ASTM.
f. All above ground Fools that require a building permit shall have access controlled
with a means to prevent access into the above ground Fool when unoccupied. Failure
to prevent access into an above ground pool when unoccupied is a misdemeanor.
g. All pool related chemicals shall be stored inside the home or an accessory structure.
J
City of
River
Ordinance 14 -
An Ordinance Amending Section, 30-796, Fences; Visibility at Intersections and
Driveways of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
§ 30-796 of the Elk River City Code shall be amended to add the following:
(d) (4) Pools
f All above ground pools that require a building permit shall have access controlled with a
means to prevent access into the above ground pool when unoccupied. Failure to
prevent access into an above ground pool when unoccupied is a misdemeanor.
WAH pool related chemicals shall be stored inside the home or an accessory structure.
Effective Date
That this ordinance shall take effect upon adoption and be published as provided by law.
Passed and adopted by the City Council of the City of Elk River this 21" day of July, 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
NAWREJ