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Regular City Council Meeting Monday,June 11,2012 Page 20 Mr. Schwartz reviewed typical scenarios and when the City was notified; advis- ing that the City would know where and when a backup occurred and where that backup was specifically located. Mr. Schwartz clarified one past circumstance when the backup was attributed to a failure in the Metropolitan Council's Trunk line that routes through Roseville, and the City being alerted immediately that the City's system could not discharge appropriately due to the failure of the Met Council's line. At the request of Councilmember McGehee, referencing another back-up situa- tion, Ms. Davitt clarified that it was immediately apparent of a failure in the City's line, but that the failure was caused by rags and treeroots, even though the City had regularly maintained the line, and technically the City was not lia- ble for the homeowner's costs. However, Mr. Schwartz advised that the City crew was called in and cleared the blockage from that line, even though the City was not liable for the backup. As further discussion ensued, Mr. Schwartz clarified that the proposed policy did not consider fault in its provisions. At the request of Councilmember McGehee, City Attorney Mark Gaughan ad- vised that, as discussed at a previous meeting, in making the policy effective upon its adoption and not pre-dating it to address previous occurrences, the City Council was able to ensure a particular process was in place under this policy and manage who was performing cleanup work; however, they could not neces- sarily do so from those past events since this process was not followed. City Attorney Gaughan cautioned that if previous events were considered, it could set the City up having a policy in place and immediate issues about it not com- plying and not setting up a good practice. Councilmember McGehee spoke in support of this version of the policy; and re- lated to Councilmember Pust's concerns about clarification, opined that the City Council should direct staff to mail a copy of the policy and explanation and de- scription of backflow preventers and homeowner responsibilities to all residen- tial properties in Roseville. Councilmember McGehee opined that this explana- tion should include a demonstration of where private and city lines began and ended; and make that available as a full package to avoid misunderstandings in the future. Councilmember McGehee also opined that insurance options and provisions for homeowners should also be made available for people to check with their insurance carriers. Mayor Roe noted that previous discussions had included the education program that went along with this policy. Councilmember Wilimus, recognizing the City Attorney's concerns regarding reviewing past cases and excluding them from this policy, opined that the City