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MINUTES <br />REGULAR CITY COUNCIL MEETING <br />MARCH 22, 1978 <br />PAGE 2 <br />Clerk Administrator Barnes discussed the notification <br />from NSP regarding the gas franchise, for operating, <br />maintenance and repair of facilities. No action taken, <br />discussion deferred to April 12, 1978. <br />Clerk Administrator Barnes discussed city policy re- <br />garding sewer back-up into private residences. Atty. <br />Kenefick read a letter sent to the Patrick Kelley <br />residence, 1402 W. Larpenteur from the City's insurance <br />company in which they notified the Kelley's payment of <br />damages was denied. Atty. Kenefick noted to council <br />that in view of the denial, the Kelley's served notice <br />for payment to the City, and noted amount due. The <br />notice serves as a prerequsit prior to going to claims <br />court to sue the City. Clerk Administrator Barnes re- <br />ported total cost the Kelley's had submitted, the total <br />being $179.12 ($149.00 for carpet, $17.64 for shampoo, <br />cleaner and rinse and vac machine - $12.48). Council- <br />man Black moved payment of $179.12 to Patrick Kelley <br />for damages caused by the City sewer back-up. Council- <br />man Steele seconded. Upon a vote being taken the <br />following voted "aye": Mayor Warkentien, Councilmembers <br />Black, McGough, Steele and Brown the following voted <br />"nay": None. Motion carried. <br />Attorney Kenefick discussed the policy statement that <br />had been drawn up to be used as a guide line in handling <br />sanitary sewer back-up problems concerning private homes. <br />Councilman McGough moved, seconded by Councilman Black <br />to adopt Resolution 78-12 covering policy statement <br />concerning sewage back-up. <br />RESOLUTION 78-12 <br />A RESOLUTION ESTABLISHING A POLICY STATE- <br />MENT CONCERNING SEWAGE BACK-UP <br />1. The City does not have adequate main- <br />tenance personnel or equipment to provide <br />cleanup for individual property owners. It <br />would be unfair to provide assistance in some <br />situations and not in others. <br />2. The City recommends that property owners <br />obtain professional assistance in clean up <br />of sewage debris if necessary. <br />3. If it is subsequently determined that the <br />sewage back-up was the responsibility of the <br />City of Falcon Heights: <br />(a) Bills would be submitted to the City's <br />insurance company for payment; and <br />(b) In the event the insurance company <br />refuses payment, property owners may file <br />a claim against the City in accordance with <br />statutory proceedures. <br />3 <br />NSP GAS FRAN- <br />CHISE <br />SEWER BACKUP <br />POLICY <br />CITY POLICY <br />STATEMENT - <br />SEWER BACK-UP <br />