Laserfiche WebLink
City of Centerville <br />Council Meeting Minutes <br />September 14, 2005 <br />Jamie Berglin of 1715 Dupre said that if they maintain a nice mowed frontage to the pond <br />regardless of a dock it would still draw people to the pond and they would be trespassing. <br />City Attorney Hoeft indicated there is official immunity if there is no structure there <br />because it is not inviting a child there. <br />Ms. Berglin said her insurance company believes that the City has no insurable liability <br />as they own the land. City Attorney Hoeft indicated that the definition of easement could <br />easily be defined and noted that the Subdivision Ordinance does not allow structures in <br />an easement. <br />Council Member Lee agreed with Council Member Paar and said he does not think the <br />docks should be in the easements. He then said that he understands that residents want <br />their backyards to look nice but the ponds are for drainage not recreation. He further <br />commented that some communities require that the weeds grow up around them and that <br />they be fenced. <br />Mr. Knight indicated that the way the property is he would have to take the retaining wall <br />down but his basement will flood because that is the way Ground Development <br />developed that land. <br />Council took a five minute break. <br />Council reconvened at 7:50 p.m. <br />Council Member Terway said he thinks that Council initiated this action because of <br />concerns that they had for various reasons. He then said that Council has taken <br />comments from residents but the decision has been made and he does not want to change <br />that decision at this time. He further said that he would like to have Staff provide <br />documentation to Council and residents that backs up the decision to show residents how <br />Council arrived at this decision. <br />Council Member Lakso agreed. <br />Council Member Paar agreed. <br />Mayor Capra said she sees the value that residents gain from the docks and understands <br />that they are trying to create an amenity from something that is required to be there, but <br />she agrees with the rest of the Council that it is a liability for the City and she would like <br />Staff to provide documentation to residents and Council for consideration before final <br />determination on whether to enforce removal of the docks. <br />Motion by Mayor Capra, seconded by Council Member Lee to table this matter to <br />the next meeting to allow Staff time to provide documentation to Council and <br />residents. All in favor.Motion carried unanimously. <br />Page 7 of 10 <br /> <br />