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Regular City Council Meeting Monday, February 22, 2010 Page 9 they need to change their policy and ordinance, or make a gift to an individual from public funds, neither of which could be justified from a policy or legal standpoint. Mayor Klausing advised that he supported staff and legal counsel's recommendation. City Manager Malinen asked that Ms. Carpenter contact the City's Public Works Director to see if they could assist her further; and encouraged any other resident to do so if they were experiencing similar issues. Councilmember Roe noted that the staff report indicated that the Public Works staff had investigated the matter and made a change to a sag in the service line under the street; and questioned if that would create any warranty and/or respon- sibility issues for the City for any related problems in the future. Public Works Director Duane Schwartz provided background on this specific sewer line freeze; and noted that after the second freeze up in 2009 and after con- versations with the homeowner, staff thought it prudent to perform additional in- vestigations of the 2007 information to ensure nothing had been missed at that time. Mr. Schwartz advised that City crews had put a camera in the private sewer line to determine what was causing the blockage, opened the roadbed and looked at the line, and at that time found a sag in the service line, but determined that it was not related to any City construction activities; and supported the original de- cision by the LMCIT. Mr. Schwartz advised that, while the roadbed was open, City staff repaired the sag and insulated the line under the roadbed to alleviate fu- ture problems. Councilmember Pust clarified that the City had gone over and above what could be done to assist the homeowner; and if the City decided to pay this bill, any citi- zen could ask for similar remedies no matter the liable party. Ms. Carpenter opined that she continued to be referred from one agency to anoth- er, with none of them taking responsibility. Councilmember Pust reiterated Councilmember Roe's explanation that Ms. Car- penter was responsible for the service line even if it was located under the roadbed. Klausing moved, Johnson seconded, DENIAL of City participation in the cost of the sewer repair at 410 S McCarrons - to be provided by staff. Roll Call Ayes: Johnson; Pust; Roe; and Klausing. Nays: None. c. Schedule Special City Council Meeting