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CITY OF ST. ANTHONY <br />RESOLUTION 09-041 <br />A RESOLUTION ADOPTING A POLICY AGAINST FENCING THE <br />STORM WATER POND LOCATED AT THE NORTHEAST CORNER <br />OF SILVER LAKE ROAD AND 33"D AVENUE NE. <br />WHEREAS, the pond area located in the northeast corner of Silver Lake Road and 33'a Avenue <br />is an "open and obvious hazard", <br />WHEREAS, fencing of such pond may result in an "attractive nuisance", <br />WHEREAS, fencing may hinder efforts of emergency personnel in the event of a safety <br />incident, <br />WHEREAS, safety measures such as mild slopes, no direct drop-offs, and a depth of less than <br />4 -feet where considered in the design of the pond, <br />WHEREAS, the City has sought direction and received an opinion from the City's insurance <br />provider, (League of Minnesota Cities) to not fence the pond, <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony that <br />the City storm water pond as mentioned above be considered an "open and obvious hazard", and <br />that safety measures have been incorporated into the design such that fencing of the pond is <br />unnecessary and may result in additional safety concerns. <br />Adopted this day of <br />ATTEST: <br />City Clerk <br />Reviewed for administration: <br />Mayor <br />City Manager <br />2009. <br />A:I0945-02IA,h ulRasolwimdRLS 09-041 fencing Pofiny.Aue <br />26 <br />