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Mounds View City Council May 9, 2011 <br />Regular Meeting Page 2 <br /> <br /> 1 <br />Mayor Flaherty asked for comments from the Council. 2 <br /> 3 <br />Council Member Stigney stated the City has taken the proper steps for this process and the City 4 <br />was determined to not be at fault. 5 <br /> 6 <br />City Attorney Riggs added that he has not been involved in a City paying out for pain and 7 <br />suffering to an individual and the claim should run through the League of Minnesota Cities. He 8 <br />explained that Ms. Mulroy did have the right to appeal the claim. At this time, the City was not 9 <br />negligent. 10 <br /> 11 <br />Mayor Flaherty indicated this was an unfortunate event but stated the City has taken the proper 12 <br />measures for the claim. The Council could take action only on public purpose. He encouraged 13 <br />Ms. Mulroy to appeal the case through the League of Minnesota Cities. 14 <br /> 15 <br />Finance Director Beer stated Ms. Mulroy has contacted an attorney and this attorney spoke with 16 <br />the League. He explained there was no public purpose for the City to make a payment at this 17 <br />time. 18 <br /> 19 <br />Mayor Flaherty questioned if the Pubic Works staff had been by the location of the fall. 20 <br /> 21 <br />Public Works Director DeBar stated he had been to the location of the fall and the area had been 22 <br />painted to warm those passing of the uneven surface. He noted that at the time of the fall, there 23 <br />was a freeze/thaw cycle occurring and the ground had heaved the pavement approximately one 24 <br />inch. This section of pavement has since settled. 25 <br /> 26 <br />Mayor Flaherty apologized again for the event taking place in the City of Mounds View. He 27 <br />noted that the Council could not take action to pay out pain and suffering and encouraged Ms. 28 <br />Mulroy to appeal the claim. 29 <br /> 30 <br />6. SPECIAL ORDER OF BUSINESS 31 <br /> A. National Police Week Proclamation 32 <br /> 33 <br />Mayor Flaherty read a proclamation declaring May 15 -21, 2011 to be National Police Week. The 34 <br />City salutes its local police officers for their efforts to the community. 35 <br /> 36 <br />Council Member Gunn questioned if there would be a local event to honor the fallen officers in 37 <br />the State of Minnesota. 38 <br /> 39 <br />Police Chief Kinney stated a candle lit service would be held on at 7:30 p.m. on Sunday, May 40 <br />15th at the State Capitol. 41 <br /> 42 <br />7. COUNCIL BUSINESS 43 <br />A. Resolution 7775, Authorizing Severance for Mary Tatarek, Mounds View 44 <br />Accountant. 45