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HomeMy WebLinkAboutCity Council Minutes 06-28-2005 SpecialAdopted Minutes Special Council Meeting June 28, 2005 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 6:00 p.m. in the lower level of City Hall, 3400 Plymouth Boulevard, on June 28, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Willis, Hewitt, Black, Slavik, Bildsoe, and Stein. ABSENT: None. STAFF PRESENT : City Manager Ahrens, Cornw-sanity Development Director Huriburt, Public Works Director Cote, Finance Supervisor Leitner, City Attorney Knutson, Park and Recreation Director Blank, and City Clerk Paulson. Discuss Christgau and Powers Liability Claims Mayor Johnson lead the Council in a discussion of liability claims filed against the City by John Powers and Paul Christgau. She explained both these property owners received substantial property damage to their homes as the result of extremely heavy rainfalls in June 2003. She stated the Powers and Christgau's contacted her on numerous occasions prior to the rainfalls regarding the poor condition of the drainage systems in their area. She stated after she had surveyed the, situation, she contacted the Director of Public Works to inform him that repairs/maintenance of the drainage system needed to take place. She voiced her frustration that City crews didn't perform the maintenance when it was scheduled. Following the heavy rainfalls, both property owners filed claims with the City. The City's insurance carrier, the League of Minnesota Cities Insurance, represented the City, and the judge dismissed the cases in November 2004. John Powers stated that with all the rainfall that the area has received, this is the first year that his sump pump hasn't run. He stated the culverts have been cleaned since June 2003, and they are flowing the way they are intended to. It's unfortunate that this work didn't occur prior to June 2003, as that would've prevented the damage to their properties. Paul Christgau agreed with Mr. Powers. He showed the Council pictures of the flooding in 2003 Mayor Johnson stated there was also the problem with the property owner downstream in that the City couldn't obtain access to his property to clean out the debris in the creek until legal action was threatened. Public Works Director Cote stated that it has cost the City approximately $40,000 to repair the drainage and replace the bridge. This cost doesn't include labor. Mr. Christgau stated that it's difficult to sell his property when he needs to disclose flooding Adopted Council Minutes Special Meeting of June 28, 2005 Page 2 issues. Public Works Director Cote stated that he gave letters to Mr. Christgau and Mr. Powers disclosing that the drainage system has been improved. Mr. Christgau that his insurance only covered $2,500 of his damage, which his insurance categorized as sump pump failure. Mr. Powers stated his insurance covered $4,600, which was due to power failure for an hour and one-half. They requested monetary consideration from the City, as there was $50,000 in expenses, for the two properties combined. City Manager Ahrens stated that these claims went through the court process, and it was determined that there wasn't any negligence on behalf of the City. If the Council would be inclined to make a monetary payment, the Council would need to determine what the new standards are, as there are other property owners who have filed damage claims with the City, where their claims were also denied. In addition, the Council would need to determine what fund the payments would come from. City Attorney Knutson stated that claims were filed, and the City's insurance adjuster reviewed the claims and determined that the City wasn't negligent. The claims were then reviewed by the District Court, and the judge agreed that the City wasn't negligent. He stated the City can't be held responsible for extraordinary rainfalls. He questioned under what basis could the City make payments when the finding has been made. In addition, any payments to the Christgau and Powers would be considered a gift, and that would be an unlawful expenditure of City tax dollars. Mr. Powers voiced his frustration that residents need to inform the City whenever they think there is a problem with the drainage system. He stated that he had informed City staff the past 16 years, but nothing was done. Therefore, he was flooded twice, and now his property value is below market value. Mayor Johnson asked regarding any liability claims, could the City make payments to the complainants prior to the court process. City Attorney Knutson replied the City's insurance adjuster discusses potential claims with staff, and if it appears that the City was at fault/negligent, reasonable payment could be made at that time. If there is a dispute that the City was negligent, and staff doesn't agree, then a liability claim is filed with the City. . Mr. Powers asked if there was nothing wrong with the drainage system, why would the City pay 40,000 to repair it. City Attorney Knutson replied one could always make something better. The City has limited amount of dollars, and the City needs to balance the expenditure of funds. Mayor Johnson stated this situation has been very frustrating for her, as she knew that the City was deferring maintenance. However, she realizes there are only so many people on staff to perform the maintenance work. Councilmember Willis stated the Council appointed a Surface Water Task Force, as the maintenance of the drainage systems needs to be addressed. Therefore, residents are now paying a surface water fee in order to fund those projects. He stated that he sympathizes with Mr. Power and Mr. Christgau, but having followed the process, he doesn't see where the City has the means Adopted Council Minutes Special Meeting of June 28, 2005 Page 3 to provide any type of monetary relief. Mr. Christgau stated the majority of the problem was with the property owner downstream who wouldn't allow access to the creek. Now that the drainage system has been repaired, he received a park -like backyard rather than being fined. He stated he feels he and Mr. Powers received the short end of the stick." Mayor Johnson asked if there are any other improvements that could be made to these properties to enhance the drainage. Public Works Director Cote replied the City doesn't need any easements as the wetlands are within the easement. To his knowledge, no other improvements need to be made. Mr. Christgau asked if maintena.:ce of the drainage systems would now i prove slice the City is charging a surface water utility fee. Public Works Director Cote replied in their case, things are already better. He stated that staff is in the process of inventorying every pond in the City so maintenance plans could be determined for each of them. Mayor Johnson requested that staff revisit this area once more to determine if there needs to be any public drainage improvements. City Manager Ahrens added that the staff could review pond cleaning issues to determine if the City has the necessary easements. Adi ournment Mayor Johnson declared the meeting adjourned at approximately 6:55 p.m. 4 " ,/ V, Z_ 14a, z -k J - " "' andra R. Paulson, City Clerk