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4 <br />ORONO COUNCIL MEETING HELD SEPTEMBER 24, 1990 <br />DAVID PRASS • <br />Mr. and Mrs. Prass were present. <br />Bernhardson explained that the Prasses have indicated that <br />water must remain in the pool. O,.:herwise the pool will heave out <br />of the ground. He said, "Council's approval for the temporary <br />pool cover included the condition that the pool be kept dry. <br />Staff felt it was necessary to bring this back before Council for <br />their review. The Prasses submitted a letter indicating that <br />they would provide information from the company that services <br />their pool regarding the water issue." <br />Mrs. Prass distributed a copy of the letter from their pool <br />company (Mark, I did not receive a copy for the packet). Mrs. <br />Prass apologized for the misunderstanding regarding whether or <br />riot water could remain in the pool. <br />Mayor Grabek asked whether the pool has always been filled <br />with water. <br />Mrs. Prass stated that the pool has always had water. <br />Mayor_ Grabek asked whether there is presently a fence around <br />the pool. <br />Mr. Prass replied, "There is a snow fence around the pool. • <br />There is insurance, liability on the property. We submitted <br />proof of that sometime ago." <br />Mrs. Prass said, "I would like to clarify that the pool <br />cover is not temporary. It is a permanent cover that must be <br />opened with a key. It is designed to last for 15 to 20 years." <br />Nettles asked whether it might be appropriate to have the <br />Prasses submit a hold harmless agreement. <br />Barrett replied, "Taking into consideration the <br />manufacturer's warranty, the insurance liability the property <br />owner has, the insurance liability the City has and their <br />Sovereign Immunity, that the City is well protected financially." <br />Goetten noted that the City does not require fencing around <br />swimming pools. She stated that the Prasses proposal is more <br />secure than what exists for many pools in Orono. <br />It was moved by Mayor Gr_abek, seconded by Nettles, to accept <br />the Prasses proposal for the pool cover, provided that a hold <br />harmless agreement is prepared by them and submitted to the City <br />and that they adhere to the building dates as specified in the <br />previous Resolution. Motion, Ayes -4, Nays -0. Motion passed. <br />- 16 - • <br />