City Council Minutes 2004 02 17 - Laserfiche WebLink

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Louisville City Council Meeting February 17, 2004 Page 5 of 11 Deputy City Manager Julie Boyd reviewed the City's 1997 policy that authorizes reimbursement of clean-up costs to residents who have had flooding due to a backup of the sewer main line, when the City is found to have no liability. The policy authorized reimbursement up to $1,000. Property owners must submit bills to the City and sign a release. Recently the City conducted a telephone survey of how other communities handle these types of claims. Based on information received, the Council has indicated a desire to increase the reimbursement amount to a maximum of $2,500. Resolution No. 9, Series 2004, provides for that change, but does not change any other provision of the 1997 policy. She noted the Resolution did not include an effective date and recommended December 31, 2003. Mayor Sisk called for public comment. Louis Breyfogle, 1035 West Willow Street, Louisville, CO addressed sewer backup cleanup issue. He stressed such cleanup is something that should be done by a professional and not the homeowner. He emphasized it is not only a clean-up issue, but a health issue. He voiced his believe the maximum level of reimbursement should be increased and noted that many of the surrounding communities not only pay for the cleanup, but also for repairs, without a cap. He thanked the Council, City Manager and Staff for investigating this matter. COUNCIL COMMENT Mayor Pro Tem Keany asked for clarification that cleanup does not cover replacement. Deputy City Manager Boyd confirmed the cleanup does not cover replacement of the damages for the finished living area. Council member Brown asked if it would be covered under the City's liability insurance. Deputy City Manager Boyd stated it is not covered under the City's insurance. City Manager Simmons stated that the City might be held liable. Council Discussion: Council member Brown addressed the issue that persons are not aware they can insure themselves through their homeowner's insurance policy against cleanup and replacement from sewer backup. Mayor Pro Tem Keany asked if the Resolution could be modified to increase the maximum to $5,000. Council member Van Pelt voiced support for set maximum amount. Mayor Sisk stated that private citizens have an opportunity to purchase an insurance rider that would cover sewer backup cleanup and replacement. He suggested focusing on the $2,500 maximum at this time. Council member Brown commented that most of the municipalities had an unlimited amount. Mayor Pro Tem Keany asked for a provision for an appeal process. Council member Marsella supported the $2,500 maximum. Council member Van Pelt suggested the maximum of $3,000. Sisk suggested the maximum for property damage and cleanup not exceed $3,500.00