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City Council Study Session - 11/15/04 Minutes - Page 13 Doug Wilke, 419 Terrace Drive, Chair ofPWTC Mr. Wilke concurred with Mr. Schwartz's summary; noting that the PWTC had considered numerous scenarios, and thought that adding a clause to the policy related to "unusual circumstances," may serve to accommodate those concerns as expressed by Councilmember Kough. Councilmember Kough reviewed the unusual circumstances in the case he was making for a specific property owner, as it related to a tree in the boulevard allegedly planted too close to the sewer line. Mayor Klausing noted that, as this was a Study Session, there would be no action items taken tonight. Mayor Klausing questioned City Manager Beets and City Attorney Jay Squires regarding general policy issues related to legalities of retroactively approving compensation under current policy language, and the interpretation of "gifts." City Attorney Jay Squires referred to the legal opinion provided and dated October 14, 2004, noting that to amend and apply compensation retroactively would be improper; and also that the City Council has authority to compromise claims, determined on liability or lack thereof, and amend the policy to include special circumstances upon submission of a claim. City Manager Beets noted that standard practice, upon receipt of such a claim, would be to submit it to the League of Minnesota Cities Insurance Trust (LMCIT) for a determination. City Manager Beets noted that, to his knowledge, the property owner had not yet filed a claim. Further discussion ensued. Public Works Director Schwartz noted that, in rare and certain circumstances (i.e., extremely deep sewers, damage by other contractors, when built directly under a storm sewer, or inadvertent damage by city contractor), the City had made an exception and reimbursed a property owner for damages. Further discussion ensued regarding clarity and intent of policy,