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<br />City of Centerville <br />Council Meeting Minutes <br />September 14, 2005 <br /> <br />feeding the ducks, sunning themselves and putting their feet in on a hot day but it is not <br /> <br />used for swimming. <br /> <br />Mr. Salin said that the City has concerns about liability and he is somewhat surprised at <br />the level of concern as he has found no Minnesota Court that has held a City liable for <br />injuries in a private pond. <br /> <br />Mr. Salin commented that they recognize that the City has an interest and right to <br />regulate but asked the City to do so in a rational way. He then said that they would like <br />to have further discussion on the matter and agree to a permit situation but do not think it <br />fair to executively order docks removed without a hearing process or Ordinance that <br />would cover this. <br /> <br />Susan Love of 1953 Eagle Trail said she does not have a dock in the pond at this time but <br />the pond is a majority of her back yard and she has three children who enjoy going down <br />to the pond and throwing a line in and walking on the rocks. She then said that, as a <br />parent, it is her job to know where her children are and be aware of the hazard of the <br />water. She further said that they carry a $1,000,000 umbrella policy on their house, <br />vehicles and yard and she feels that since they own the property and pay taxes they <br />should be able to use the pond and put out a dock. <br /> <br />Council Member Paar commented that these ponds were not ever made for the intent of <br />personal property enjoyment, they are to ease flooding issues. <br /> <br />Mayor Capra indicated that these are drainage ponds to handle run off water and the <br />ponds are used for settling ponds so that when it flows to the lake it keeps the lake <br />cleaner. <br /> <br />A resident commented that part of the problem is that the pond is over half of the lot and <br />they expect to be able to beautify the area around it and have a dock to enjoy it. He <br />further stated that he needs to be able to cut the tall grasses to control mosquitoes in the <br />area. <br /> <br />Council Member Paar said he understood the comments of residents but the reason these <br />ponds are there is to control flooding within neighborhoods not for docks to access the <br />water. He then said that he does not want docks in the ponds because he does not want to <br />be on the Council that has to deal with a death or injury because the docks were not <br />removed. <br /> <br />Jim Berger of 1748 asked whether or not the dock or bridge has a purpose limits or <br />reduces the liability. <br /> <br />Council Member Paar said that he feels it does and commented that the bridge spans a <br />ditch with a couple of inches of water in it to cross over to the rest of the property for <br />maintenance whereas a dock invites people out into the water. <br /> <br />Page 6 of! 0 <br /> <br />~ <br />