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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. I 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. 4