MONROE - The Monroe City Council Tuesday night voted 8-1 to deny two claims for damages to homes totaling $12,093.
Homeowners Dan and Barb Hauge and Scott and Melinda Blumer were seeking damages that occurred Feb. 3 when water backed up into their basements after a water main broke in the 2500 block of Ninth Avenue.
The Claims Committee earlier in the night agreed to send both claims to council. Committee members said the magnitude of the issue at hand was too much for them.
"I think we are out of our league," Alderman Dan Henke told the committee.
"We are caught in a very difficult situation," committee Chairman and Alderman Mark Coplien said. "My job is to mediate for the council and the people. We have a job to take care of the people who elected us."
Mayor Ron Marsh advised the committee that there was "no negligence on the part of the city.
"The city does check for water leaks," Marsh said. "The city is doing what it has to, to maintain the system."
"If this happened to any of us, how would we feel?" Coplien said at the council meeting. "But we have a job to do to run the city. There are case studies (in the state) that set precedents, and the only time claims are paid is when there is complete negligence."
Thurston Hanson was the only alderman who voted to pay both claims, saying he would treat it as a businessman would when there is no clear indication of any negligence, calling it a "goodwill-type of thing."
"The homeowners did nothing wrong, and the city probably didn't do anything wrong. So in a case like this, to me, I think the fair thing is to say we might pay half the cost and the homeowners take care of the other half. For me, I think that's a reasonable solution," he said.
But City Administrator Mark Vahlsing noted there is a six-year statue of limitations, and that the city could be setting a dangerous precedent by setting a pattern and practice of paying claims they are not liable for.
The council also voted 7-2 to deny the Blumers' request for the city to pay $250 for a dumpster for the clean up. Hanson and Coplien voted to pay the cost.
The Blumers, seeking $6,700, said that they had 15 inches of water in their basement and that it took the city three hours to come help pump out the water. They said the water damaged their carpet, linoleum, paneling, a toilet and a vanity, as well as personal property including books.
The Blumers submitted a $1,000 claim to their insurance company; they were awarded $500 after paying the deductible.
The Hauges, seeking $5,393, said the water damaged the lower 16.5 inches of drywall around their finished basement. The Hauges admitted a check valve was not installed at the time.
Last week, the Claims Committee asked the Hauges to submit the claim to their insurance company first. The Hauges said their insurance agent told them their premiums would have to be increased if they submitted the claim.
Water from the broken main was unable to escape through terrace drains or the frozen street blacktop and built up enough pressure to heave the entire intersection, which pushed a man-hole frame off the sanitary sewer system. Water and sub-base gravel entered the system, but when the gravel blocked the section, water backed up into the sanitary sewer system and entered the houses through open drains.
Homeowners Dan and Barb Hauge and Scott and Melinda Blumer were seeking damages that occurred Feb. 3 when water backed up into their basements after a water main broke in the 2500 block of Ninth Avenue.
The Claims Committee earlier in the night agreed to send both claims to council. Committee members said the magnitude of the issue at hand was too much for them.
"I think we are out of our league," Alderman Dan Henke told the committee.
"We are caught in a very difficult situation," committee Chairman and Alderman Mark Coplien said. "My job is to mediate for the council and the people. We have a job to take care of the people who elected us."
Mayor Ron Marsh advised the committee that there was "no negligence on the part of the city.
"The city does check for water leaks," Marsh said. "The city is doing what it has to, to maintain the system."
"If this happened to any of us, how would we feel?" Coplien said at the council meeting. "But we have a job to do to run the city. There are case studies (in the state) that set precedents, and the only time claims are paid is when there is complete negligence."
Thurston Hanson was the only alderman who voted to pay both claims, saying he would treat it as a businessman would when there is no clear indication of any negligence, calling it a "goodwill-type of thing."
"The homeowners did nothing wrong, and the city probably didn't do anything wrong. So in a case like this, to me, I think the fair thing is to say we might pay half the cost and the homeowners take care of the other half. For me, I think that's a reasonable solution," he said.
But City Administrator Mark Vahlsing noted there is a six-year statue of limitations, and that the city could be setting a dangerous precedent by setting a pattern and practice of paying claims they are not liable for.
The council also voted 7-2 to deny the Blumers' request for the city to pay $250 for a dumpster for the clean up. Hanson and Coplien voted to pay the cost.
The Blumers, seeking $6,700, said that they had 15 inches of water in their basement and that it took the city three hours to come help pump out the water. They said the water damaged their carpet, linoleum, paneling, a toilet and a vanity, as well as personal property including books.
The Blumers submitted a $1,000 claim to their insurance company; they were awarded $500 after paying the deductible.
The Hauges, seeking $5,393, said the water damaged the lower 16.5 inches of drywall around their finished basement. The Hauges admitted a check valve was not installed at the time.
Last week, the Claims Committee asked the Hauges to submit the claim to their insurance company first. The Hauges said their insurance agent told them their premiums would have to be increased if they submitted the claim.
Water from the broken main was unable to escape through terrace drains or the frozen street blacktop and built up enough pressure to heave the entire intersection, which pushed a man-hole frame off the sanitary sewer system. Water and sub-base gravel entered the system, but when the gravel blocked the section, water backed up into the sanitary sewer system and entered the houses through open drains.