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I I I Council Meeting Minutes October 14, 1997 Page 10 Council Business. continued LeFevere said the City could agree to not require relocation, provided the City would retain the pipe and not be responsible for damages associated with its presence. If the City wanted to avoid liability for future damages resulting from the pipe's presence, the pipe could be abandoned and relocated. Benke has concern about accepting any risk which the surveyor or home builder created originally. Krick feels building codes were never met. Fulton said this is unknown because the City does not have records to show the outcome, and the permit was based on an inaccurate survey. Concluding it was the City's responsibility or failure to comply with inspection criteria is not correct. That responsibility falls directly on the surveyor and developer. However, the City's insurance company can review for any liability. Benke said decisions made by the City was based on information submitted by the builder. LeFevere communicated to the title company that if the City consented to the home's presence, it would take no action to remove the home except for sewer maintenance. This would permit the house, but the City would not assume responsibility or liability. Krick asked if a pipe bypass could be used if repairs are needed. LeFevere said if the City assumed the risk for not excavating, that does not mean the buyer is without risk of possible damage to the home. The City enforces the building code for the benefit of the public, but does not assume responsibility for a contractor's work. Benke asked staff and LeFevere to meet with Krick and report back to Council. Announcements and Updates Larson received a complaint from Windsor Green residents regarding a dog problem, and asked for a follow up report. Council is very impressed with the Healthy Youth Coalition activities. The Fire Department's 50th Anniversary was a huge success. Benke offered an invitation to the authors of the New Brighton Fire History book to an upcoming meeting. The League of Women Voters and the PPC will hold a Candidates Forum October 20. Matalamaki encouraged the student population to attend. The Chamber of Commerce will hold a Candidates Forum October 23. Benke noted the Constitution and Bill of Rights plaques were donated by John Miller. Adiournment ~_.~ __ '0- Motion by Samuelson, seconded by Rebelein, to ADJOURN THE MEETING. 5 Ayes - 0 Nayes, Motion Carried. Meeting was adjourned at 10:47 p.m. ~L ATTEST: lerk Council Business Krick Easement Announcement and Updates Windsor Green Complaint Healthy Youth Fire Department Anniversary Candidates Forum Plaques Adiournment