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City Council Regular Meeting Minutes April 28, 2009 Page 4 2 C. Consider Resolution 09-040: Calling a Hearing on Proposed Assessments for Arbors 3 Alley Roadway and Utility Improvement Project. 4 5 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to adopt Resolution 09- 6 040, Calling a Hearing on Proposed Assessments for Arbors Alley Roadway and Utility 7 Improvement Project. 8 9 Motion carried unanimously. 10 11 D. Consider Resolution 09-041; Adopting a Poliev Against Fencing the Storm Water Pond 12 Located at the Northeast Corner of Silver Lake Road and 33`d Avenue NE. 13 14 Mr. Hubmer stated the City has sought direction from the League of Minnesota Cities, the City's 15 insurance provider, regarding this storm water pond and the City's decision making process with 16 respect to fencing the pond. He stated the City does not desire to fence the pond because it may 17 hinder efforts of emergency personnel in the event of a safety incident, and safety measures 18 including a gradual slope, no direct drop-offs, and a depth of less than four feet were all 19 considered in the design of the pond. He explained the League has made one change to the 20 proposed resolution, deleting the fifth "Whereas" clause and replacing it with: 21 22 WHEREAS, the City has consulted with its insurance provider, the League of Minnesota 23 Cities, on this matter. 24 25 Councilmember Stille stated he visited the pond last Sunday and waded out to the middle and 26 found the depth to be approximately two feet and it was easy for him to get in and out of the 27 pond. 28 29 Mr. Hubmer noted the pond will be a little deeper once the project is finished. He added the 30 pond bottom is hard clay and there will be very little sediment in the pond. He further added 31 there will be some fencing on the east side near the retaining wall to prevent anybody from 32 falling over the retaining wall. 33 34 Councilmember Roth expressed some concern about not fencing the pond because of its close 35 proximity to the school and asked whether a low fence should be added at least on the south side 36 where the kids are coming and going to the school. He also questioned whether a decision on the 37 fencing should be postponed until the landscaping is completed. 38 39 Mayor Faust stated the City Engineer consulted with the League on the fencing issue in order to 40 determine what the City's exposure might be and the resolution is a way for the City to take a 41 position on the matter and to state that fencing of the pond may result in an "attractive nuisance." 42 He added it is important for residents to bear some responsibility with regard to their own 43 personal safety. 44 5