Agenda Packets - 1998/08/24 - Laserfiche WebLink

Home Browse Search

INFORMATION MEMO ONLY To: Honorable Mayor and City Council From: Mary Saarion Subject: Damage claim information Date: August 20, 1998 On June 8, 1998 Mr. Verness was traveling eastbound on County Road I past Silver View Park. A softball hit his car hood and made a dent. He filed a police report and called me the following morning. That same day I informed Kitty Hickok of the damage and Kitty sent Mr. Verness an insurance claim form. Mr. Verness sent the claim form to the League of Minnesota Cities Insurance Trust - the company that handles Mounds View insurance and liability claims. Brian Horsch was the adjuster assigned to the case. After investigation, Mr. Horsch concluded that the City was not liable for the damage. Supporting information is attached. Mr. Verness talked with Finance Director Kessel and indicated that he may be present at the August 24, 1998 City Council meeting to approach the City Council for consideration of the damage claim. The City Council has the authority to direct staff to pay the damages. Approximately 4 years ago a softball was hit over the fence at Silver View 2 field and broke an adjacent townhouse window. That claim also was denied by the City's agent, League of Minnesota Cities Insurance Trust. However, because of that incident, a taller, 10' fence was installed at both Silver View 1 & 2 fields and the outfield distances were lengthened as far as possible. The distances are quite deep and there has been far reduced number of over the fence balls as a result. The most restricted flight softballs are used in Mounds View adult softball leagues and league rules include a restricted number of homerun balls per team to reduce the benefit of hitting the ball over the fence. Input from softball managers indicate that homerun balls over the fence are occasional. Mr. Verness requested the City to participate in mediation services. It was the City's recommendation the League of Minnesota Cities Insurance Trust determine whether or not they wish to participate in mediation as they are the liability agents for the City of Mounds View. The League of Minnesota Insurance Trust was not interested in participating in mediation. Mr. Verness then contacted Finance Director Bruce Kessel and indicated that he would be attending the August 24 City Council meeting. Mr. Verness will most likely implore the City Council to pay for the damages to his car. City Council will need to consider whether or not to abide by the determination of the League of Minnesota Insurance Trust or agree to pay for the damages of Mr. Verness.