1999.09.07 CC Minutes - Laserfiche WebLink

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City Council meeting of September 7, 1999 Page 5 DAMAGE CLAIM (NADEAU'S) The Council considered a letter from Dan and Patsy Nadeau, 14197 Finale Avenue, regarding a claim they submitted to the City's insurance carrier for damages they suffered from a sewer backup. On June 14, 1999, sewage backed up in the Nadeaus' basement after the lift station, located at the intersection of 140th Street and Finale Avenue failed, probably due to damages suffered from a lightening strike. The insurance company has agreed to reimburse the Nadeaus for all cleanup costs associated with the sewage backup, and has agreed to pay slightly more than half of the damage to personal property claimed by the Nadeaus. The Nadeaus feel that the City should reimburse them in full for the losses they have identified. Generally, the City relies on its insurance carrier to make the determination on fair value of losses. Because of concern of setting a precedent, and the Nadeaus had not filed a claim with their own Insurance earner: Haas made motion, Leroux seconded, to table the Nadeaus' request to allow them time to file a claim with their own insurance company to determine benefits. All aye. Motion Carried. STORMWATER UTILITY ORDINANCE On August 16, 1999, the Council conducted a public hearing on a proposed ordinance to establish a stonmwater utility for the City of Hugo; further consideration of the ordinance was tabled until this evening's meeting. Mayor Stotlzman did not feel that the proposed ordinance was broad enough, and placed a financial hardship on farmers. Council member Petryk felt that land use should be considered, rather than just including property located in the MUSA. Councilman Leroux did not feel the fee for agricultural land was a fair representation of actual runoff from ag land. Barnes made motion, Haas seconded, to adopt ORDINANCE 1999-335, AN ORDINANCE ESTABLISHING CHAPTER 275 OF THE HUGO CITY CODE CREATING A STORM WATER UTILITY FEE SYSTEM. Barnes made motion, Haas seconded, to amend the previous motion that the ordinance be adopted but defer establishment of the basic system rate until such time as the City's moratorium is lifted. VOTE ON AMENDMENT: VOTING AYE: Barnes, Haas, Leroux, Stotlzman VOTING NAY: Becky Petryk Motion Carried. VOTE ON ORIGINAL MOTION: VOTING AYE: Barnes, Haas, Leroux VOTING NAY: Petryk and Stoltzman Motion Carried.