PLANNING COMMISSION June 12, 1990 Page Four Mr. Christiansen indicated that eventually they forsee the area as being fenced as industrialization occurs. Staff indicated that during the site plan approval the applicants could be required to fence, but they might say that the subdivider should have been required to install this fencing and that it is not their responsibility. Discussion followed concerning whose responsibility it would be if the fencing requirement was waived and someone fell into the canal and it was determined that a legal opinion was needed. Kim Slater, a board member of the South Slaterville Canal Company, stated that if someone fell into a cemented ditch it would be hard to crawl out. At various times of there year there is a different amount of water that the South Slaterville Canal Company is allowed to run through the canals. He indicated that at times there is 21 second feet of water that would be allowed. He indicated that he would like to see this item tabled so that the South Slaterville Canal Company could review this proposal and discuss liability if the fencing requirement was waived. Simon Christiansen indicated that the slope on the sides of the canal is 1 inch vertical and 1 1/2 inch horizontal so it is not an excessively steep bank. He indicated that if 21 second feet of water was put into the canal then the maximum depth would be 3 feet deep. Barbara Brown from the Marriott Planning Committee indicated the canal gets deeper than 3 feet. She stated they do not feel it is fair for the Christiansen Brothers to be released from the fencing requirement. She indicated that the Wrights developed a 5 lot subdivision in the area and had to pay to fence the canal. She indicated that the Ordinance should be reviewed to maybe include points in the fences where an adult could access because if a child hurdled over the fence, it could be difficult for an adult to rescue him in time due to having to find a way through the fence. She stated that when the Christiansen Brothers came before the County Commission they stated they were willing to meet certain requirements and now they do not want to keep their word. She feels a canal will attract children whether it is by a commercial business or a residential home. MOTION: Commissioner Coleman moved to table this item until the staff is able to obtain an opinion of liability from the County Attorney and also to let the Slaterville Canal Company meet to discuss this proposal. The motion was seconded by Commissioner Widdison and voting was unanimous with Commissioners Coleman, Fuller, Widdison and Thompson voting aye. 420