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I I I Council Meeting Minutes March 28, 1989 Page 12 Council Business, continued Council Business Few homes in the City have recurring frozen water problems. Staff keep1 a list of the homes prone to freezing and in very cold winters Appeal to City Policy have ,nailed out reminders to leave a laundry faucet run slowly to of Water Pipe/Kennedy prevent freezing. The Kennedy service has been in operation for 17 Report 89-85 years and has had no problems. Staff denied the Kennedy request for reimbursement, but Mr. Kennedy has chosen to appeal the decision to the Council. Gunderman verified that staff found the watermain was frozen in the stub. Benke noted it has not been determined the frozen area was City-owned. Williams asked Proper's opinion if the City is liable. Proper feels the City should not be liable. Kennedy feels the frozen water service memorandum should be published in the New Brighton Bulletin or sent out with all water bills. Benke explained the memo is sent only to reSidences who have a history of frozen water problems. Kennedy acknowledged he would have left a faucet running if he was aware of the possible problems. Since the occurrence happened in March while the house was vacant for only a week, and the frozen section was city stub, Brandt feels the City would be responsible according to City policy. Benke acknowledged it has not been determined which end section froze, and according to the City policy it states that reimbursement would is not required during normal use. Benke suggested splitting the service fee. Mr. Kennedy feels the frozen section was located in the City section under the street. The welder told Mr. Kennedy that traffi c flow causes the frost to push down farther. Benke noted there has not been street improvements performed in this area. Brandt feels the City should stand behind their policy if contestable problems arise. Williams asked how the City determines the main depth and safety factors. Proper said the depth was regi stered at 72" deep by a cable locator. Presently, all mains are being installed at 7 feet, but this main was installed 20 years ago and may not be insulated. Benke noted the main depth near Kennedy's service was 72" deep, but measured 58" ten feet east of the main. Williams feels that with the small amount of the claim, questionable water main depth, and history of no previous freezing problems, there is probable cause for reimbursement. Benke agreed there is reasonable doubt.