City Council Agenda and Packet 1997 07 15

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Davidson called the meeting back to order. Sterling asked that this be tabled to the next Council meeting. Davidson moved to continue Resolution No. 27, Series 1997, to the July 1 Council meeting, seconded by Sisk. All in favor with Howard being absent. RESOLUTION NO. 28, SERIES 1997 APPROVING A CITY POLICY REGARDING PAYMENTS FOR CLEANUP EXPENSES RESULTING FROM SEWER BACKUPS Heather Balser, Management Assistant, stated that although the City may have no legal liability for damages in such situations, the cost of cleanup to the resident can be significant. According to a survey conducted last year by CIRSA, Aurora, Brighton, Broomfield, Golden, and Littleton will pay actual damages up to a maximum amount, even though the City does not accept liability. Lafayette and Lakewood will negotiate with the claimant for damages. All municipalities require the payee to sign a legal release of all future claims in the event that damages are paid out. Since 1990 the City had received seven insurance claims for damages from sewer backups, two of which payments totaled $3618. City staff recommended the City provide reimbursement up to $1,000 for cleanup costs only with the amount being appropriated on an annual basis as an allowance from the City's Public Works Department Sewer Fund. In cases where the City's claim adjustor finds the City backup was a result of City negligence, the claim will be adjusted appropriately, without payment from this "no- fault" program. Davidson called for Council comments or motions. Bill Simmons, City Administrator, stated that there would be between $1,000 and $5,000 /year appropriation.. Sisk moved that Council approve Resolution No. 28, Series 1997, approving payment for cleanup expenses, seconded by Keany. Roll call was taken. Motion passed by a 6 0 vote with. Howard being absent. LICENSE AGREEMENT BETWEEN BURLINGTON NORTHERN /SANTA FE RAILROAD AND THE CITY FOR DRAINAGEWAY A Tom Phare, Public Works Director, stated that since the last project Burlington Northern and Santa Fe Railroad had merged and there was a new pipeline license agreement for crossings. It was considerably different from the Burlington Northern agreements used in the past. We asked that the license agreement be modified for this particular project. Their response was to make some nominal modifications to the document, but not address the more critical issues to the City. He asked the City Attorney to speak to some fallback arrangements if some of the terms of the agreement, such as the revocability, might ever occur. 10