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City Council Minutes January 1 ~, 20~ o Page 4 Councilmernber westgaard questioned the process for verifying a homeowner's association is set up to deaf with these properties. Ms. Johnson indicated that the issue should be reviewed immediately in the platting process, then in the developer's agreement, and finally in the resolution the City Council approves with stipulations. Ms. Johnson indicated she will check into the 93rd Avenue medians and report back to the Council. 6. ether Business Councilmember Gumphrey indicated that earlier this evening he dis~.~ibuted a letter to the Economic Development Authority VEDA} asking that EDA Commissioner Ron Touchette be removed from the EDA. He explained that he is asking for Mr. Toucl~ette to be removed because of his treatment of ERMU staff, city staff, and legal counsel during a recent dispute over a past due utility bill. I~G~ET~ BY CGL~]'CILNIEMBER GUIl~PHREY T~ REMC~~"E R®N TGUCHETTE FRGM THE EC~~IG~[~C I~E~EL®PME~T AUTHGRI~~.~Y, Motion failed for lack of a second, Mr. Touchette denied Councilmember Gumphrey's allegations, Consensus of the Council was for staff and legal counsel to prepare supporting facts and documentation and report back to the Council. Councilmember Gumphrey indicated he will discuss the issue at tomorrow evening's Utility Commission meeting. Councilmernber Gumphrey questioned if the city is liable if someone falls on one of our walking or biking trails. He added that staff has done a good job of plowing the trails but given the recent weather situations some of the trails are not in the best condition. Ms. Johnson indicated that the city is generally not responsible as long as the city is not negligent. She added that all claims are submitted to the city's insurance company to make a determination of liability. Councilmernber Zerwas stated he would like staff to review the condition of the trails and possibly close portions of them if deemed unsafe, Mayor K1i.n.zing indicated she would lil~e Street Superintendent Phil Hals and Assistant Superintendent Mark Thompson to discuss the recent snowfall event with the Council, 7. Council Updates L Councilmember westgaard questioned the protocol for performance reviews. Ms, Johnson indicated she will forward the performance review forms to the Mayor for her distribution, Counciln~,ember Gumphrey added that Utility Commissioner John Dietz recently created a performance evaluation form for ERMU employees that worked well. Council asked Ms. Johnson to obtain a copy and provide it to the Council, Councilmember Zerwas indicated he would like the performance review forms to be completed by all supervisors that report directly to Ms. Johnson.