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Rose Creek council declines to waive municipal tort liability limits
Summary
After a presentation by the League of Minnesota Cities, the Rose Creek City Council voted not to waive the monetary limits on municipal tort liability under Minnesota Statute 466.04 and clarified the county-owned fairgrounds fundraiser is not city property.
Mayor Andrew Leisen presided over a Jan. 5 council meeting at which representatives from the League of Minnesota Cities MATIT advised the city on liability policy and insurance options. Curt Sheely, the League representative, recommended the council not waive the monetary limits on municipal tort liability established by Minnesota Statute 466.04. Council Member Wendel Sprung moved to follow that advice, Council Member Andrew Felten seconded, and the motion was approved by Mayor Leisen.
The recommendation and motion were made after discussion of possible city exposure. When a council member asked whether beer served at the fairgrounds during fair week posed a city liability concern, Sheely said, "That is Mower County property, and not owned by Rose Creek, and it’s a fundraiser for the Volunteer Fire Department and they are all volunteers." The council did not adopt any other changes to municipal liability policy at the meeting.
The decision keeps the statutory monetary limits in place; council members did not record individual roll-call votes in the transcript, and the motion was recorded as approved. The action follows the League's standard guidance to small cities about municipal tort exposure. The council also reviewed standard appointments and contact designations tied to city insurance and operations.
