09-10-1990 Council Minutes - Laserfiche WebLink

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ORONO COUNCIL MEETING HELD SEPTEMBER 10, 1990 ZONING FILE #1476 -PRASS CONTINUED principal structure. She said, "Because we have specified that a • principal structure must be completed by December 1, 1992, Council approve a temporary cover for the pool. At our last meeting, Council had been asked to reconsider the need for a permanent pool cover by the applicant because of the expense involved." Council asked to have the City Engineer review the cover that the Prasses are intending to.use. Cook said, "First of all, with regard to the monthly reporting, the City could do it or rely on the property owner to do it. I talked with staff and they felt it would be appropriate to leave the responsibility with the property owner. The major reason to review it monthly is to assure that the fence is in place, that the cover has not been damaged or vandalized, and that the pool is pumped out. The cover that is proposed is porous and will allow water to go through. Any water that falls on the pool area will go into the pool and stay there. The cover is heavy duty, but is not a barrier that can withstand vandalism. Allowing Mr. Prass to report monthly on the condition of the pool would also leave him responsible and liable for its condition." Mayor Grabek asked the City Attorney if the City has any liability for the condition of the pool. Barrett replied, "There is always an opportunity to be sued • in these circumstances. However, the City's first obligation is to determine whether or not this is a hazardous structure. I believe you have done that. Secondly, whether or not the measures which the owner is supposed to take are reasonable to prevent the hazard. The City is insured for a risk such as this and has sovereign immunity. I can't say positively that a jury will agree that putting this cover on the pool and having Mr. Prass report monthly was sufficient if someone gets injured." Mayor Grabek stated that he preferred to follow staff's recommendation. He suggested that staff may wish to periodically check on the property. It was moved by Mayor Grabek, seconded by Goetten for the purpose of discussion, to adopt Resolution #2865, allowing the swimming pool to temporarily remain at 1065 Linden Lane without a principal structure. Staff is to periodically inspect the condition of the pool site. The applicants are put on notice that should the City deem the condition of the pool to be unsafe at any point, alternate action must be taken. Motion, Ayes -5, Nays -0. Motion passed. - 12 - 0