HomeMy WebLinkAbout6.a. Minutes of August 5, 1997 Regular City Council MeetingROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 5,1997
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, August 5, 1997 at 7:33 p.m. in the Council Chambers at City Hall, 2875
145th Street West.
Mayor Busho called the meeting to order with Councilmembers Edwards, Carroll, and Anderson
present. Also present was substitute City Attorney Cole, City Administrator Burt, Assistant to
the Administrator Walsh, and consultants Cy Smythe and John Simacek.
Karen Cole led the group with the Pledge of Allegiance.
The Agenda was amended by removing Item 7.a. Old Business, LeForet Entrance Monument as
requested by the residents involved to be placed on the August 19, 1997 agenda. Also, the
Consent Agenda, Item 6. was amended to add Item 6.j. CDBG Fund Expenditure and additional
information was provided for Item 6. h. Amendment to Fire Department Personnel Policy.
There was no Public Comment or response to Public Comment.
City Administrator Burt reviewed the Domeier's sewer backup insurance claim. Burt noted that
city staff responded within forty-five minutes from the call on a Sunday evening and cleared the
sewer line a short time later. City Attorney Cole noted that damages can happen without having
anyone be responsible. John Simacek from Berkley Risk Services, the City's Risk Management
Consultant, presented the argument that the City had not done anything to cause the sewer
stoppage. Since the City is not at fault, it is not liable to pay for the damages. Also, if this claim
would be paid because of feelings expressed, then a precedent would be created that would
legally raise the level of payment for future claims. Burt also noted that the League of Minnesota
Cities legal office has advised Rosemount to deny this insurance claim.
Ann Domeier, 14557 Dahomey Avenue, did not understand how the City could not pay the
sewer backup insurance claim. Domeier asked what it was that actually plugged the sewer. Burt
noted that a jetter was used to clear the sewer line so there was no visual appraisal of what the
material was. It was most likely not tree roots because it had cleared quickly, so whatever was
put into the sewer line had accumulated and caused the stoppage. Pat Domeier said he was not
satisfied with the City's response and that the idea of setting a precedent should not be more
important.
Consensus of the Councilmembers and Mayor was to follow the recommendation of the Risk
Management Consultant as in the past and deny the Domeier's insurance claim. No action was
necessary.
MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.j. CDBG
Fund Expenditure and additional information presented for Item 6. h. Amendment to Fire
Department Personnel Policy. Second by Carroll. Ayes: Four. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
AUGUST 5,1997
MOTION by Edwards to adjourn to a Closed Session for the purpose of discussing labor
negotiations regarding a new labor agreement for the sergeants. Second by Anderson. Ayes:
Four. Nays: None. Motion carried.
The meeting was reconvened at 8:10 p.m.
MOTION by Carroll to approve the Labor Agreement between the City and Law Enforcement
Labor Services for 1997 and 1998 and to authorize the necessary signatures. Second by Edwards.
Ayes: Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried.
Mayor Busho adjourned the meeting at 8:12 p.m.
Respectfully submitted,
Linda Jentink, Recording Secretary
Susan M. Walsh, City Clerk
The City Council Agenda Packet is Clerk's file 1997-26.
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