2005-09-14 CC - Laserfiche WebLink

Home Browse Search

City of Centerville Council Meeting Minutes September 14, 2005 feeding the ducks, sunning themselves and putting their feet in on a hot day but it is not used for swimming. Mr. Salin said that the City has concerns about liability and he is somewhat surprised at the level of concern as he has found no Minnesota Court that has held a City liable for injuries in a private pond. Mr. Salin commented that they recognize that the City has an interest and right to regulate but asked the City to do so in a rational way. He then said that they would like to have further discussion on the matter and agree to a permit situation but do not think it fair to executively order docks removed without a hearing process or Ordinance that would cover this. Susan Love of 1953 Eagle Trail said she does not have a dock in the pond at this time but the pond is a majority of her back yard and she has three children who enjoy going down to the pond and throwing a line in and walking on the rocks. She then said that, as a parent, it is her job to know where her children are and be aware of the hazard of the water. She further said that they carry a $1,000,000 umbrella policy on their house, vehicles and yard and she feels that since they own the property and pay taxes they should be able to use the pond and put out a dock. Council Member Paar commented that these ponds were not ever made for the intent of personal property enjoyment, they are to ease flooding issues. Mayor Capra indicated that these are drainage ponds to handle run off water and the ponds are used for settling ponds so that when it flows to the lake it keeps the lake cleaner. A resident commented that part of the problem is that the pond is over half of the lot and they expect to be able to beautify the area around it and have a dock to enjoy it. He further stated that he needs to be able to cut the tall grasses to control mosquitoes in the area. Council Member Paar said he understood the comments of residents but the reason these ponds are there is to control flooding within neighborhoods not for docks to access the water. He then said that he does not want docks in the ponds because he does not want to be on the Council that has to deal with a death or injury because the docks were not removed. Jim Berger of 1748 asked whether or not the dock or bridge has a purpose limits or reduces the liability. Council Member Paar said that he feels it does and commented that the bridge spans a ditch with a couple of inches of water in it to cross over to the rest of the property for maintenance whereas a dock invites people out into the water. Page 6 of 10