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Regular City Council Meeting Monday, March 12,2012 Page 7 Mr. Greensweig reviewed how negligence and that obligation are determined through four (4) elements: duty of care,breach of duty of care, damage, and prox- imate cause. Mr. Greensweig reviewed "discretionary immunity" based on MN Statute, Chapter 466.03, subd. 6, and why discretionary immunity existed. Mr. Greensweig advised that this immunity allowed decisions to be made locally, not by the court system, allowed city officials to make decisions and exercise judg- ment or discretion and prioritize resources, and weight competing factors: social, political, economic and safety considerations. Discussion among LMCIT representatives and City Councilmembers included clarification of one of the handouts on "no-fault back-up sewer coverage, which the City of Roseville does not presently have and for which certain criteria must be met for a member city to be eligible. At the request of Councilmember Pust, Mr. Rosso reviewed some of the types of eligibility criteria, including claims history, maintenance and inspection records, past claims and city response to address those claims, and availability of staff on cal to respond 24/7 to lift station issues. Councilmember Pust requested that the LMCIT provide an analysis as to whether the City of Roseville would qualify for this type of coverage. Mayor Roe asked that City Manager Malinen provide, from a City perspective, why the City of Roseville has not pursued this no-fault coverage. Historically, City Manager Malinen advised that the coverage had been analyzed, but more recent analyses based on the City's deductable coverage indicated that it was not a good use of City resourced. Discussion ensued among LMCIT representatives, City Manager Malinen and Councilmembers on the City's current deductable compared to annual aggregate caps, standard deductibles, and actual value to the City in no-fault coverage. With Mayor Roe opining that the City Council needed to better understand the options before making an informed decision, City Manager Malinen advised that staff would forward some of the past analyses from previous City Council infor- mation. Councilmember McGehee addressed weather issues, based on her research and data currently used by the National Weather Service dating only back to 1961. Councilmember McGehee opined that weather patterns had changed significantly; and questioned impacts in the aggregate for claims and the City's liability. Coun- cilmember McGehee asked for average claims paid for sewer back-ups.