HomeMy WebLinkAboutCity Council Packet 05-23-2006 SpecialAgenda
City of Plymouth
Special City Council Meeting
Tuesday, May 23, 2006
5:30 p.m.
Meeting Rooms A and B
1. Call to Order
2. Consider Liability Claim
3. Meeting with Xcel Energy to Discuss Reliability Issues
4. Set Future Study Sessions
5. Adjourn
DATE: May 18, 2006
TO: Mayor and City Council
FROM: Laurie Ahrens, City Manager
SUBJECT: Consider Liability Claim
Attached is information relating to the liability claim of Tom Uhde. There is no new
information in the report, but it has been some time since you last saw it. Mr. Uhde has
been invited to attend the study session, and the City Attorney will also be present .should
you have questions.
i
DATE: March 17,2006
TO: Mayor and City Council
FROM: Laurie Ahrens, City Manager
SUBJECT: Claim of Tom Uhde, Request by Councilmember Slavik
Last week at the study session, Councilmember. Slavik suggested that the Council may
wish to schedule a study session to consider a claim which was denied by our insurance
carrier. The Council requested that written information be provided for review and that
information is attached.
This claim relating to hit and run damage to a parked vehicle was denied by our carrier,
due to there being no evidence of negligence on the part of the City. We have attached a
memo from the City Attorney relating to a previous case the Council considered where
no negligence was found. This incident differs in nature, yet there may be some
similarities as it relates to the issue of negligence.
The Council can determine whether to set a study session to discuss the issue.
FA
DATE: March 17, 2006
TO: Laurie Ahrens, City Manager
FROM: Bobbi Leitner, Risk and Benefit Coordinator through Dale E. Hahn,,
Finance Director
SUBJECT: Tom Uhde Claim of October 11, 2005
I received a claim from Tom Uhde at 710 Quantico Lane where he claims his vehicle was
hit by another vehicle when he was parked in the street due to a street reconstruction
project. He is claiming damages to his vehicle in the amount of $1,306.56.
Mr. Uhde filed the claim because he could not park in his garage or driveway and was
forced to park in the street at which time his vehicle was hit and damaged. For each
reconstruction project the residents are made aware of this. They are told they will have
direct access to their driveway at the end of every evening except when the curb and
gutter is installed. They will not be able to access their driveway for 5 to 7 days. It is
during this period of time that his vehicle was damaged. The contractor did hand out
letters to every resident prior to the installation of the curb.
Mr. Uhde also claims that the City implied the claim would be taken care of. What the
City indicated was that the claim would be submitted to the City's insurance carrier for
review and determination.
This claim was refered to LMCIT for review and to determine if there was negligence on
the part of the City. The claim was denied for payment for several reasons. The City
did not hit the car. He alledges that parking space was limited, but limited parking space
does not automatically result in damage to the vehicle. It was implied that limited
parking space caused someone to try to squeeze into a spot that was too small, thereby
damaging the car. If that occurred, the responsibility for that would lie with the person
who did it. Mr. Uhde was not able to establish that the accident happened in the manner
described, based on the fact that he was unsure of when and where the incident occurred.
This claim was also submitted by our insurance company to the contractor, Midwest
Asphalt Company on November 1, 2005 to put them on notice of the claim. I am not
aware of the correspondence that their insurance company may have had with Mr. Udhe.
Absent negligence on the part of the City as determined by our adjusters, we did not
make payment for damages to his vehicle. Since our insurance company has made this
determination any payment to Mr. Udhe may be construed to be a "gift" . I have attached
a copy of the May 20, 2005 letter from Roger Knutson which expressed his concern on a
similar matter with the Christgau/Powers flooding claim.
LMC LM IT LIABILITY NOTICE'
Ze.9sfAn'aol Olin
Cilia promaling exra) a ,, . _
xri t
Send to: Today's Date (MM/DD/YY)
LMCIT Claims Phone: 651-281-1287 10/26/05
145 University Ave W Fax. 651-281-1297
St. Paul, MN 55103-2044 Reported Previously ®lino Yes
Trust Member Name &A Ps. Contact Person & Phone
City of Plymouth Bobbi Leitner
3400 Plymouth Blvd. 763-509-5302
Plymouth, MN 55447-1482
Covenant Number CMC 25921
Date (MM/DD/YY & Time (AM/PM) of Occurrence
10-11-2005 Noon - 5:00 pm
Covenant Period 04101105-04101106
Description of Occurrence
Resident's vehicle was hit by another vehicle when he was parked in the street due to a street
reconstruction project.
Name & Address
Tom Uhde
710 Quantico Lane
Plymouth, MN 55447
Phone
763)476-4258
Description of DamagelTnjury
Damage to driver side, front fender and bumper of vehicle. Estimate for repairs attached in the
amount of $1,306.56
Name & Address Phone
Description of DamagelTnjury
Date
MAIN OFFICE
Minnesota
Minneapolis
CO. Box 583479 • Minneapolis, MN 55458
612-766-3700
BRANCH OFFICES
Albert Lea
P.O. Box 848 • Albert Lea, MN 56007
507-373-7502
Brainerd
P.O. Box 763 ^ Brainerd, MN 56401
218.828-8258
Duluth
P.O. Box 7287 • Duluth, MN 55807
218-628-0961
Fairmont
P.O. Box 15 • rairmont, MN 56031
507-235-5565
raiibault
P.O. Box 433 • r uibault, MN 55021
507-334-2217
Hutchinson
P.O. Box 159 • Hutchinson, MN 55350
320-587-9465
Mankato
P.O. Box 3523 • Mankato, MN 56002
507-387.5468
Owatonna
P.O. Box 666 • Owatonna, MN 55060
507-451-5644
Rochester
CO. Box 994 • Rochester, MN 55903
507-289.0042
St. Cloud.
P.O. Box 1163 • SL Cloud, MN 56302
320-259-9766
Virginia
P.O. Dox 1205 • Virginia, MN 55792
218.741.6965
Willmar
E0. Box 915 • Willmar, MN 56201
320.231.2026
North Dakota
Fargo
P.O. Box 9255 • Fargo, ND 58106
701-235.7484
South Dakota
Sioux Falls
P.O. Box 1174 • Sioux Falls, SD 57101
605-357-0275
Wisconsin
liayward
CO. Box 153 • Hayward, \V154943
715-634-7808
November 1, 2005
Midwest Asphalt Company
P.O. Box 5477
Hopkins, MN 55343
P.O. Box 583479
Minneapolis, MN 55458
612) 766-3700
FAX: (612) 766-3799
Attention: Matt Timmes - Project Manager
RE: LMCIT Claim No.
Trust Member
Claimant
Date of Loss
Our File No.
Dear Mr. Timmes:
11054283
City of Plymouth
Tom Uhde
10/11/05
MPS44607
We represent the League of Minnesota Cities Insurance
Trust on behalf of the City of Plymouth. The City has
received a claim from Tom Uhde who resides at 710
Quantico Lane in Plymouth, MN 55447 (phone 763/476-
4258). Mr. Uhde indicates that, on October 11, 2005,
his vehicle sustained damage while parked in the
construction zone. He seems to believe that the way
parking was handled, relative to this project,
resulted in the damage to his vehicle.
We are writing at this time to put you on notice of
Mr. Uhde's claim, which he indicates to be in the
amount of $1,306.56.
We are in the process of obtaining copies of the
contracts. If the contracts contain the expected
indemnity and hold harmless wording, we will be
tendering this claim to you for handling in accordance
to its merits. You may wish to accept this letter as
a letter of tender, if the contracts do, indeed,
contain the expected indemnity and hold harmless
wording, although our main purpose at this time is to
notify you of the existence of this claim.
A Division of Berkley Risk Administrators Company LLC
Midwest Asphalt Company
LMCIT Claim No. . 11054283
Our File No. : MPS44607
November 1, 2005
If you have any questions regarding this letter, please feel
free to call me directly at 612/766-3713.
Very truly yours,
ALLIED ADJUSTERS
Robert S. Brown
RSB 6-
cc: LMCIT Claims
Attn: Mark Johnson
cc: Bobbi Leitner
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
cc: Tom Uhde
710 Quantico Lane
Plymouth, MN 55447
cc: T.C. Field & Company
P.O. Box 64016
530 North Robert Street
St. Paul, MN 55164-0016
2
J Ci
League of Minnesota Cities
Claims Department
LAC 145 University Avenue West, St. Paul, MN 55103-2044LnesotaCities (
651) 281-1200 - (800) 925-1122
ng excellence
Fax: (651) 281-1297 - TDD: (651) 281-1290
www.Imnc.org
ACKNOWLEDGMENT OF CLAIM
PLYMOUTH, CITY OF
3400 PLYMOUTH BOULEVARD
PLYMOUTH MN 55447
Date: 11/01/05
RE: Our File No.- 11054283
LMCIT Member: PLYMOUTH, CITY OF
Claimant Name: TOM UHDE
Occurrence/Loss Date: 10/11/05
Claim Description: CLAIMANT VEHICLE WAS STRUCK BY ANOTHER VEHICLE DURING A
STREET RECONSTRUCTION PROJECT
Supervisor: MARK C JOHNSON
Phone No.: (651)281-1284
Fax No.: (651)281-1297
Adjuster: ROBERT (BOB) BROWN
Phone No.: (612)766-3700
Fax No.: (612)766-3799
We have received this claim at the LMCIT claims office. The assigned claims supervisor
and adjuster are listed above. The adjuster is your key contact on this claim. If you
have not already been contacted by an adjuster, please call the listed phone number and
ask for the specific adjuster assigned to this claim. The claims supervisor is also
available to you at any time.
LMCIT
Claims Department
C. C.
T C FIELD & COMPANY
PO BOX 64016
530 N ROBERT ST
ST PAUL MN 55164
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
ALLIED ADJ
MAIN OFFICE
Minnesota
Minneapolis
P.O. Box 583479 -'Minneapolis, MN 55458
612-7663700
BRANCI{ OFFICES
Albert Lea
P.O. Box 843 • Albert Lea, MV. 56007
507-373-7503,:
Brainerd
P.O. Box 763 s Brainerd, NIN 56401
21&928-8558 `
Faribaull
P.O. Box 433 Futbault WN
507334-5517
Hutchmsnn ..
3r:. Cloud
PA Box 120!
218-741-696:
rWar'r',' 2
P.O, Bos 915
320-231.2026;'
North Dakota.
Fargo
P.O. Box 9255 Fargo ND 58106
701-205 7434.'!'
December 7, 2005 P.O. Box 583479
Minneapolis, MN 55458
612) 766-3700
FAX: (612) 766-3799
Tom Uhde
710 Quantico Lane
Plymouth, MN 55447
RE: LMCIT Claim No. 11054283
Trust Member City of Plymouth
Claimant Tom Uhde
Date of Loss 10/11/05
Our File No. MPS44607
Dear Mr. Uhde:
We represent the League of Minnesota.Cities Insurance
Trust on behalf of the City of Plymouth. We write as
a follow up to our several prior phone conversations.
As previously indicated, we do not feel that the
damage that you are claiming occurred to your car on
November 11, 2005, resulted from any negligence on the
part of the City of Plymouth.
You have indicated that the damage occurred while your
car was parked at one of two locations, stating that
you noticed the damage after having parked in two
locations within the construction zone near your home.
We are not sure why your observations preclude the
possibility that the damage happened elsewhere, but
your explanations raise other questions as well.
You have indicated that you did not see the accident
occur. You have also indicated that when you parked
your vehicle, there was plenty of room to park. You
indicate that that was not the case later, and that
the damage occurred later even though you also
indicate that you are not sure exactly when or where
the damage occurred.
We do not believe the City caused your damage for
several reasons. The City did not hit your car. You
have alleged that parking space was limited; but
limited parking space does not automatically result in
A Division of Berkley Risk Administrators Company LLC
Tom Uhde
LMCIT Claim No. 11054283
Our File No. MPS44607
December 7,. 2005
damage to your vehicle. You have implied that limited parking
space caused someone to try to squeeze into a spot that was too
small, thereby damaging your car. If that occurred, we believe
responsibility for that would lie with the person who did it.
You have not been able to establish that the accident happened
in the manner you have described, based on the fact that you are
unsure of where and when the incident occurred.
As.a bottom line, you have assumed a set of facts, and argued
that those assumed facts give rise to liability on the part of
the City, even though, if true, they would necessarily involve
the intervening cause of negligent driving on the part of
someone.
Since you have not been able to establish with any certainty the
location or time of the incident, we cannot accept:your
assumption that your car was hit due to limited parking space to
be an established fact. Even if it was, we do not feel that the
scenario you have described would give rise to liability on the
part of the City of Plymouth.
You have indicated that the City of Plymouth implied that your
claim would be taken care of. We have investigated this, and
found only that the City had indicated that your claim would be
submitted to the City's insurance through the League of
Minnesota Cities Insurance Trust, whom we -represent. We do not
feel there is a basis for paying you based upon conversations
that occurred between yourself and any city personnel.
Absent negligence on the part of the City of Plymouth, as a
cause .to your damage, we are unable to reimburse you to the
damage to your vehicle. If you have any questions regarding his
letter, please feel free to call me directly at 612-766-3713.
Very Truly Yours,
ALLIED ADJUSTERS
Robert S. Brown
RSB/ ad
2
Tom Uhde
LMCIT Claim No. . 11054283
Our File No. . MPS44607
December 7, 2005
cc: Mark Johnson
LMCIT Claims
cc: Bobbi Leitner
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
cc: T.C. Field & Company
P.O. Box 64016
530 North Robert Street
St. Paul, MN 55164-0016
I
aom.as J. Campbell
ogcr N. Knutson
Nomas M. Scott
diott B. Knetsch
gel J. Jamnik
ndrea McDowell Poehler
attbew K. Brold"
hn F. Kelly
D,ren M. Mattick
rendan J. Flaherty
arguerite 106. McCarron
ina M. Brandt
Also licensed in lVisconsin
1.380 Corporate Center Curve
Suite 317. F Eagan, MN 55121
651-452-5000
Fax 651-452-5550
vww.ck law.com
4y w
Professional Association
Direct Dial: (651) 234-6215
E -mall Address: rkizutsoyz@ck-la)p.com
May 20, 2005
Mr. Dale Halm
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
RE: PAUL CHRISTGAU.AND JOHN POWERS FLOODING CLAIMS
Dear Dale:
You asked me if the City has the legal authority to pay all or any part of the claims for
the flooding damage to the Christgau and Powers property that occurred in 2003. The
answer is no.
As a result of a 6+ inch rainfall on June 24, 2003 the Christgau and Powers homes
sustained flooding damage. Both parties filed claims against the City, LMCIT, the
City's insurer, investigated and denied the claims because there was no evidence of
nFgagence on the,par t oftheYC y he parties subsequently i e a awsurt in
Hennepin County District Court. The District Court dismissed the lawsuit oil
suirimary judgment. The Court held that the City was immune from suit and that the
City was "not liable for flooding that is the result of an extraordinary storm or
rainfall."
Since the Court has determined that the City has no legal responsibility for the
flooding damage, to pay claims for damage would be a gift which is not an authorized
expenditure of public Dands. A "gift" of public funds serves a private rather than a
public purpose. See Op. Att'y. Gen. 107-a-3 (Jan. 22, 1980), 2700 (Aug. 12, 1977)
and 59a-22 (Dec. 4, 1934), OSA Brooklyn Park Report (July 17, 2002).
RNK: srn
Enclosure
0
DATE: May 18, 2006
TO: Laurie Ahrens, City Manager
FROM: " ri eo , P.E., Director of Public Works
SUBJECT: XCEL ENERGY RELIABILITY DISCUSSION
As requested by the City Council, Mr. Darrin Lahr, Xcel Energy Customer Service
Representative, will be present at the May 23, 2006 Study Session to discuss Xcel Energy's
reliability within the City of Plymouth. Mr. Lahr will present an outline of their electrical
network, a summary of recent outages in Plymouth, the possible or likely causes for those
outages, and a description of activities Xcel Energy has undertaken to address those reliability
issues. Mr. Lahr will also provide the City Council with advice on reporting outages should they
occur, and the most effective response Councilmembers can provide constituents should they
receive outage calls. I have found Mr. Lahr to be very knowledgeable and responsive on all
matters involving Xcel Energy so he should be prepared to address most issues or questions the
City Council may raise at the meeting (i.e., municipal pumping rates, street light rates, etc.)
O:\Engineering\GENERAUMEMOS\DORAN\2006\Xcel_Energy_Reliability_5_1 B.doc
Agenda Number: q
TO: Mayor and City Council
FROM: Laurie Ahrens, City Managerjt-/
SUBJECT: Set Future Study Sessions
DATE: May 19, 2006, for City Council meeting of May 23, 2006
1. ACTION REQUESTED: Review the pending study session topics list, set study sessions
and amend the topics list if desired.
2. BACKGROUND: Attached is the list of pending study session topics, as well as calendars
to assist in scheduling.
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Other requests for study session topics:
Update with City Manager (summer)
Budget Study Sessions (last week of August; first week of Sept.)
OFFICIAL CITY MEETINGS
Mnv 2006
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Maintenance Facility
10 11 12 13 14 15 16
7:00 PM YOUTH
ADVISORYCOUNCIL,
Meeting Room A
CIN OFFICES OPEN
UNTIL 7:00 PM FOR8:00
ABSENTEE VOTING
5:00 PM CITY
COUNCIL CANDIDATE
FILINGS CLOSE
P.M. REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM
ENVIRONMENTAL
OUALITYCOMMITTEE
Enc), council
Chambers
5:00 PM DEADLINE
FOR CITY COUNCIL
CANDIDATES TO
WITHDRAW
7:00 PM PARK &
Autumn Art Fair
10:00 AM - 5:00
PM and Plymouth
on Parade 1:00 PM
STATE PRIMARY
ELECTION; Polis open
7:00 A.M. - 8:00 P.M.
REC ADVISORY
COMMISSION
PRAC), Council
Chambers
17 18 19 20 21 22 23
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HOUSING 6
REDEVELOPMENT
AUTHORITY (HRA),
Meeting Room A
ROSH
HASHANAH
BEGINS AT
SUNSET
24 25 26 27 28 29 30
7:00 PM YOUTH
ADVISORY COUNCIL,
Meeting Room A
11:45 AM PLYMOUTH
BUSINESS COUNCIL,
12201 Ridgedale Drive,
Minnetonka
7:00 PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANSIT (PACT) ,
Meeting Room A
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
modified on 5/19/2006
OFFICIAL CITY MEETINGS
October 2006
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
YOM KIPPUR 7:00 PM 7:00 PM HUMAN
BEGINS AT PLANNING RIGHTS
SUNSET COMMISSION, COMMISSION -
Council Chambers Medicine Lake
Room
8 9 10 11 12 13 14
7:00 PM YOUTH
ADVISORY COUNCIL,
Meeting Room
COLUMBUS DAY
OBSERVED), Public
Works Division closed
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
EQC), Council
Chambers
7:00 PM PARK &
REC ADVISORY
COMMISSION
PRAC), Council
Chambers
15 16 17 18 19 20 21
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HOUSING &
REDEVELOPMENT
AUTHORITY (HRA),
Meeting Room
22 23 24 25 26 27 28
7:00 PM YOUTH
ADVISORY COUNCIL,
Meeting Room A
11:45 AM PLYMOUTH7:00
BUSINESS COUNCIL,
12201 Ridgedale Drive,
Minnetonka
PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANSIT (PACT) ,
Meeting Room A
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
29 30 31 Nov 2006Sep2006
DAYLIGHT
SAVINGS ENDS -
set clocks back 1
S M T W T F S S M T W T F S
1 2 3 412
hour 3 4 5 6 7 8 9 5 6 7 8 9 10 11
10 11 12 13 14 15 16 12 13 14 15 16 17 18
17 18 19 20 21 22 23 19 20 21 22 23 24 25
24 25 26 27 28 29 30 26 27 28 29 30
modified on 5/19/2006