The URL can be used to link to this page

Home My WebLink About15.D.7. Puffer Sewer Backup Claim jS: o. % CITY OF SHAKO PEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Puffer Sewer Backup Claim DATE: July 28, 2005 Introduction: The Council is asked to give direction on the request of Scott and Lindsay Puffer regarding damages resulting from a sewer backup claim. Background: Attached is a letter received from Scott and Lindsey Puffer, 1042 Merritt Street, regarding a sewer backup claim which they experienced the weekend of June 5th. In this case, it appears that the backup was likely to have been the result of a long, slender piece of wood being placed in a hole in the manhole cover, which then lodged in a portion of the sewer main, downstream from the Puffer's. When the backup of sewage occurred, the backup went into the Puffer's basement. Unfortunately, they were away for the weekend, and the backup was significant. As shown, they have submitted claims in the amount of$16,636.12. We processed this through the insurance company, who looked at the City's maintenance records. They have denied the claim. A copy of the letter to the Puffers from the LMCIT is also attached. The Puffers obviously feel that it is not their responsibility. In our view, neither party was likely at fault. Usually optional insurance available under homeowners policies to cover sewer backup claims, but most homeowners are unaware that this is available, let alone take advantage of it. Recommendation: The question is whether all sewer rate payers in the City should help to pay for this particular instance. The City had done the maintenance that was required. While we are sympathetic to the plight of the Puffers, staff recommendation is to have the Council follow the decision of the City's insurance carrier, and deny the claim. Action Required: If the City Council concurs with the recommendation of the LMCIT, no action is required. .i}A1 ~WU Mark McNeill City Administrator CC: Bruce Loney Jim Thomson , .., ~.. ~ , Scott & Lindsey Puffer 1042 Merritt Street Shakopee,~ 55379 Home #: (952) 445-3270 Mark McNeil 129 South Holmes Street Shakopee,~ 55379 Re: Sewer Damage Claim for Losses Dear Mark, On Sunday June 5, 2005, we returned from a weekend away to fmd 4-6 inches of murky water covering our basement floor. We called family and neighbors immediately for help to remove the water and find the problem, After much ofthe water was removed we could see that more raw sewage was coming up out of the floor drain and shower drain in our basement. My mother-in-law, Barb Menden, a 30+ year retiree of Shakopee Public Utilities, called Pinky Hullender of Public Works and within minutes a crew was on the scene checking out the situation. They found no blockage at the man hole immediately down line from our location (on Shakopee A venue). However, the man hole directly in front of our house was within 2 feet of overflowing into the street. The man in charge at the time, Dave Rutt, verbalized to my wife and I in front of our neighbors that we shouldn't worry the city's insurance would cover all cost related to the damages. The city's and its insurance company's refusal to pay is why you are receiving this letter. Even though Public Works had the ability to view, via TV camera, what was causing the obstruction the equipment was not used. Rather, they immediately set out to use high pressure equipment to remove the obstruction. Nearly immediately the blockage was removed and thousands of gallons of raw sewage began sweeping through the sewer main. My neighbor, Teddy Boys, was amazed at the speed the man hole in front of my house was emptying. After watching the sewage go down a while Teddy started walking (barefooted) the approximate 150 yards towards the city's crew who were at the Shakopee Avenue man hole. At his arrival the Public Works crew was just fishing out an approximately WI x 1Iz" X 18" stick. At seeing the stick, Dave Rutt immediately changed his story to a claim of vandalism and said that we should contact our insurance company. The following two days I t{)ok off work, contacted my insurance company, and tried to contact the people I was told to call at the city. I got Magic Carpet Specialists, Inc. (~Water/Sewage damage certification # 70296) to come start the removal of flooring, walls and other contaminated materials and spray everything to prevent mold and bacteria from forming in our basement. Using their equipment they said water had '1 . , . . leached up to the top of the basement walls to a level from 80-90% saturated. After getting all the physically wet materials like carpet, tile and directly contaminated drywall and 2x4s removed it took 6 dehumidifiers, 3air scrubber/purifiers, and 6 industrial fans 10 days to dehumidifY the basement. During that two days I contacted everyone that anyone had suggested I speak to at the city. No results... I contacted the city's insurance company, Claim denied.., "vandalism caused by an act of God". I contacted my insurance company, Claim denied...the blockage occurred on city property. I have tried to be adult in my appeals for relief but my claim seems to have fallen on deaf ears with everyone wanting to point their finger at someone else's pocket book. This is a direct appeal to city council and administration for relief from a situation over which I had no control. The city had complete and total control for their closed sewer system. Enclosed is a copy of our out of pocket expenses for initial clean up and two bids for reconstruction of damages done. We also have available pictures ofthe damages and a video of a TV report of a couple in Inver Grove Heights who had a very similar problem and was fully reimbursed for their property damages by the city. We would be willing to meet with the city council and or management to discuss this further, If any of you want to personally view the damages contact us to arrange an appointment. If this matter is not satisfactorily resolved within 30 days, we will be forced to pursue legal action. Sincerely, Scott and Lindsey Puffer , ~NDER CarpetSemce 1247 QuincyCircle So. Shakopee, MN 55379 (952) 445-4056 YJ... () ',_ . INSPECTION OATE "7,/ Y>] J I :~( C!cJ'\f"r rq pF <..:rIl---. -, ORDER DATE I I (d {,I.J- 111 VIL ILt TI INST ALLA nON p~ TES I I .S. .... '.. .r/., (J lj6- tf11 A.J )0 17' WOOD-CONCR'E;TE,~LOOR f/ HI- d ./., 7/.J TACKLESS-GLUE'DOWN L.. PHONE L- t.( (- "?..,./ V I ..J --';>--1 OTHER - ~._n~_~_~._'_._'_'~_"~'_"_ SALES PERSON INSTALLER __ SPECIAL INSTRUCTIONS , AREA DESCRIPTION UN. FT, SQ. YDS, PRICE TOTAL a .;t.r~ . (?M ()() (/4 - - -----,-_ . FURNITURE MOVING _ _ -l---.--- _ CARPET REMOVAL ~ UPHOLS~ERY STAIRS _1 FLOOR PREP ,- - 50% DEPOSIT IS REQUIRED ON ALL SPECIAL ORDERS METAL PAYMENT IN FULL UPON COMPLETION UNLESS AUTHORIZED. - WORK ORDERS ' MISC TOTAL CUSTOMER DEPOSIT - AUTHORIZED REP AMT,DUE - - . , !&~as 1480 West 3rd Avenue Shakopee,~N 55379 ESTIMA TE (952) 496-2525 " (952) 445-3007 fax ~ DATE ESTIMATE NO. NAME I ADDRESS JH . 7/2612005 Puffer Scott 990531 1042 Merrite Shakopee, MN 55379 I JOB ADDRESS I _.._--_._,~ ~--~~.-_.... ---7 1042 Merrite ITEM DESCRIPTION QTY COST TOTAL Home Owner: Scott Puffer Home 952.445.3270 Repair/ Replace & finish eXisting drywall in basement due to water damage Rock 48" 1/2 Rock 48" 1/2 type X Service Preparation of eXisting wall including cutting back to level line from demolition Patching and finishing repaired areas to match eXisting wall type, Due to condition of eXisting wall type and the existing hand texture.wall finish. EXisting wall will be needed to be skimmed smooth and sanded. Roll-off Removal of scrap drywall Service Total to Complete Repairs 1 1,643.82 1,643.82 I I I I Signature of Apceptance .., TOTAL $1,643.82 . PARTIAL LIST OF OTHER ITEMS THAT WERE DAMAGED AND APPROXIMATE COSTS TO REPAIR OR REPLACE THEM: CHRISTMAS TREE $150 COUCH . $200 RECLINER $150 DRYCLEANING FOR WEDDING DRESS $200 DRYCLEANING FOR SCOTT'S SUITS $50 DRYCLEANING FOR LEATHER JACKETS $100 DRYCLEANING FOR SCOTT'S CARTHART BIBS & COAT $50 DRYCLEANING FOR LUGGAGE $100 GOLF SHOES $100 MAYTAGWASHER $550 MAYTAGDRYER $600 V ACUUM CLEANER $200 SCOTT'S WORK BOOTS $150 GUN CASE $50 APPROXIMATE TOTAL........................................... $2,650 FROM : Fl=lX NO. :9529747846 Jun. 29 2005 02:42PM P2 .. ,. Magic Carpet Specialists, Inc. 8391 W~t Lake Drive Chanhllssen. MN 55317 PUFFERSCOTT Room: VtOity Room . LxWrlI 18'0":1 10'0-' :1 8'0" DESCRIPTION QNrY UNIT COST TOTAL --., , ..r.' __._.'_.' '~'I"",..r"'- -'--'-' Neg, air fan/Air scrub,~L'arge (per 24 hrperiod)-No monit. 3.00 DA@. 122.1 ~ 366.57 Dehumidifier (per 24 hour period) ~ XLarge - No monitoring 6.00 EA@ 99.00= 594,00 Air mover (per 24 hour period) - No monitoring 6.00 EA@ 24.20= 145.20 Tear out wet drywall, cleanup, bag - after business hOUT8 84.00 SF@ 0.53= 44.52 1/2" drywall ~ hung, taped, with smooth wall fmish 84.00 SF@ 1.85= 155.40 ._"~'~"" . .. ,." ,.-.- ..____~.__ .... .. ,. . 0... ,.._' 'NO .'__'" ,.... '~I""''''''."''''' .._......... - .~ ___n '" ... ,,' '.,'''-_'___ _.. ........."_ - __._." - . N.... . , .."'--'--'-_'_' ___ ..___._. . . . . , ~: ~ Room: Bathroom LIWxiI 10'0":1. 5'0" :J. 8'0" .' . :. ~' . ,.::: r " .. . . ., DESCRIPTION QNTY UNIT COST TOTAL ___._.._.......~.._.._.~".. ....". .~. 'M_'_'__ .. . -.--.... Tear out wet drywall, cleanup, bag ~ after business hours 45.00 SF@ ,...~.5~"" 23.85 1/2".drywall - hung, taped, with smooth wall fmish 45.00 SF@ 1.85'" 83.25 I3ioscrub 50.00 EA@ 0.5();;:; 25.00 , R&RBaseboard '- 2 1/4" stain grade. 30.00 LF@ . . '.'2.,62';' .' '78.60 Seal then paint the wal1~ (2 coat~) 240.00 SF@ 9.56= ::134.40 Mask and prep for paint 30.00 LF@ 0.76=. . .22.80 " __'_~'____..______'_____M_"'." __ ..~.. -..........."".. . .,......- .______.__.______M..___...M. " ._.M.._,..",........ ,. . :....f.:.; .... .... ..' .' . . .. .: , ;: ~ .:. . '. . : ' . . Room: Bar/Entertain Area ~~xJj 11'0" X 9~Oi~. J. 8'0" , . ".'. . .... ,.. " . .. . . ~... UESCRlPTlON QNrY UNIT COST TOTAL _................._1...-,..'...'*'\.__.._..._.. Air mover (per 24 hour period) - No monitoring 6.00 EA@ 24.20""' 145.20 Tear oul wet non-salvo cpt, cutlbag-Black wtr-aft bus. brs 99.00 SF@ 0.49= 48.51 Tear oul wet carpet pad, cutlbag - Black Wtr - aft.bus.hrs 99.00 SF@ 0.55""' 54.45 Tear out non-salv vinyl, cut & bag. Black water-oiler hrs 99.00 SF@ 1.53= 151.47 l'UFFERSCOTT 06/2812005 Page: 2 ... . . . .. . .' FAX NO. :9529747846 Jun. 29 2005 02:43PM P3 FROM : ., Magic, Carpet Sp~ialists, IDe. g391 We~'t Loke Drive Chanhassen, MN 55317 CONT~DMBarmnkrtwnA~a DESCRIPTION QNTY UNIT COST TO'fAL .-. , .~~ ',..- .- -- "M_ ".- ..._~'..,'- Bioscrub 99.00 EA@ 0.50=: 49.50 Tear oUl wet drywall, cleanup, bag - after busin(.'Ss hours (>0.1)0 SF@ 0.53= 31.80 1/2" drywall - hung, laped, wilh smooth wall f'mish 60.00 SF@ 1.85= 1 J 1.00 R&R Bal'leboard - 2 1/4" stain grade 40.00 LF@ 2.62= 104.80., Scal then paint the walls (2 coals) 320.00 SF@ 0,56= 179.20 Mask and prep for paint 40,00 LF@ 0.76..... 30.40 ='.:=":,:"=..~...-=:..::=::::=".=".=:.=..,,::=;"=:=-.~=:.~.=:="-'.".=;1::: Room: Family Room LxWUI 42'0" x 10'9" x 8'0" DESCRIPTION QNTY UNIT COST TOTAL --- . .. "1___, '."--...'M_, ~ -"-- .~.- ......- Dehumidifier (per 24 hour period) - XLarge - No monitoring 6.00 EA@ 99.00..... 594.00 Air mover (per 24 nour period) - No monitoring 24.00 EA@ 24.20-= 580.80 ,,' . T ear out wet non-salvo cpt, cutlbag-Blnck wtr-af\ bus, hrs 152.60 SF@ O.4~ 74,77 Tear out wet carpet pad, cutJhl1g - Black wtr - aftbus.hrs 152_60 SF@ 0.55= 83.93 Tear out non-salv vinyl, cut & bag - Black water -after h~ 451.50 SF@ ].53== 690.80 Bioscrub 451.50 EA@ 0.50= 225.75 Tcar out wet drywall, cleanup, bag. after business hours 158.25 SF@ 0.53:= 83.87 1/2" drywall - hung, taped, with smooth wall finish 158.25 SF@ 1.85= 292.76 R&R Baseboard - 2114" stain grade 105.50 LF@ 2.62= 276.42 Seal then painL the walls (2 coats) 844.00 SF@ 0.56"" 472.64 Mask and prep for paint 105.50 LF@ 0.76= ~WJ8 R&R Trim board - I" x 4" . installed (cedar) 320,00 LF@ 3.35= 1,072.00 R&R Undcrlayment. 1/2" Be plywood 152.60 SF@ 2.74= 418.13 R&R Joist. floor or ceiling - 2x4 - wlhlocldng 39.00 l.F@ ].34"" 52.26 ---.' ...-...... ~.. _..M.... .,..-..-........ . '..---......-.,.,- .__......_~..- -......M4.._......__......._..., ...,-_.... ...--.....'- "''''---'''''''-, ..'..-....-.....- PUFFERSCOTT 06/28/2005 Page: :1 FAX NO. :9529747846 Jun. 29 2005 02:43PM P4 FROM : . , . Magic Carpet Specialists, Ine. 8391 W c:)t Lake Drive Chanhas..'lfwil. MN 55317 Room: Genoral Misc. DESCRIPTION QNTV UNIT CQST TQTAL --"'--'--""'-- --",_../ "'_'N __.._._..._...._...._.._....__...._..._....:.--.:.... Emergenoy service call ~ after business hours 1.00 EA~ 140.96= 140,96 Equipment Sl;,'tup, take down, and monitoring (hourly charge) 4.00 HR@ 35:24= 140.96 Dumpster load - Approx. 20 yards, 4 tons of debris 1.00 EA@ 393.64== 393,64 Plastic hag - used for disposal of contaminated items 20.00 EA@ 0.96= . 19.20 Add for personal protective equipmenl (hazardous cleanup) 2.00 EA@) 10.29= 20.58 =--...==--...:..:;:..~....~..:::...-=.:.:':".=::...:....:-:::=-...":===:::.::.::.,.=-:::.~:-_. ;=:.: . ."~..--..,_...,.- ,,-'-- ,.__.,-_...,..~- --~...,--\- ";~=....,=,.:::=..,_..-;:=.;"'=; .:7=:;"=---~:=",._~,,,,..._,..,:;== ---"'-"'" Ad.lolltments for Base Service Charges Adjustment '.-.....,....--..... ".--..,.. . ~==.:....,r-:-=.:':7:-==...:!'.~.._----.:.-:-::. .' .,..~..,,'_.:',,----..:-..:.."...~ -..'......--".... ,,~. ...... Carpenter - Finish, Trim/Cabinet 115.52 Carpenter. General Framer 104,50 Cleaning Remediation Technician 70.48 DrywaJlln:rtallerlFinisher 227.72 Flooring Installer \55.34 Painter 93.56 =....:.---:::,. :'.._;;::-._-:....:,.,~_.'::.,,~=,... ..=c",,,,.-- .':.:::='.==,.; _".:__...,;;..__..".=...,,= Total AdjuSllnl.T1ts for Base Service Charges: 767..12 -.. ..----... ....._---~.. '..."-' ---.....-.-- ..._-.....~.._.... --.". ,._-.....,_........._...~,._....._-_.,_.. Line Item Total,,: 9,060.69 PUPFERSCO'IT =,'..::.-~..,'.-.----:. ..---=:-. ':'-!;',~ . .--..'..--.---..".,.-,'--.... ".--...,- "---.. . .'. "'10-.. -........- ." ;. :, ;.. ' . PUFFERSCOTT 06128/2005 Page: 4 FAX NO. :9529747846 Jun. 29 2005 02:44PM P5 . . ~"-'. I .. . 83~)] West Lake Drive Chllnha('l~en, MN 55317 Summary for Sewa~e Line Item Total 8,293.57 Total Adjustments for Base Service Charges 767,12 Mati Sales Tax Reimb @ 6.500% x 1,305.86 84.88 .-..---....,-....- . '. ....--..-.. Subtotal 9,145.57 Overhead @ 10.0% " 4,993.24 499.32 Profit @ 10.0010 x 4,993.24 499,32 Cleaning Sale~ Tax @ 6,500% X 3,047.72 198.10 ..--._.~~-......,..........~ Grand Total 10,342.31 =='::=::'::i~::::= . . , ". " ,. --.._.~~_.. ......... .'-'-'-- Valenc AI-JalT .1" ~.; . :.' ,;, ,. !:~', .:', '. : JUFFERSCOTT 06/28/2005 Page: 6 FROM : FAX NO. :9529747846 Jun. 29 2005 02:44PMP6 ", " - Magic Carpet Specialists, Inc. &391 West.Lake Drive " ChanhasSt.'fl, MN 55317 Recap By Category ,. " O&P Items Total Dollars % ---- '-~', "',,.- -.. ._'t. - '.. - . GENERAL DEMOLITION 880.86 8.52% DRYWALL . ,. 642.41 6~21% FLOOR COVERING - VINYL .. . 286.89 2.77% FINISH CARPENTRY I TRIMWORk 1,374.10 i3.29 % FRAMll'/G & ROUGH CARPENTRY : ., ~.7M 0.36% . : "') ',' PAINTING 919.62 8.89% .... ,- . ....- "', -, -"" ''''-- -..~.._-- Subtotal 4,141,92 40.05% Base Service Charges 767.12 7.42% Mati Sales Tax Reimb @ 6.5000/0 84.88 0.82%. ,'.. Overhead @ 10.00% 499.32 4.83% Profit @ 10.00% 499,:n 4~':l%. '... ---- ~.. .. ......- --.... - -.. _. ,..~.'..._-- O&P Items Subtotal 5,992.56 57.94~< . : .. . Non-O&P Items Total Dollars % -. . . .. -,-,,, .- ""- -. ........ .. .- "---" GENERAL DEMOLITION 1,103.93 10.61~ WATER EXTRACTION & REMEDIATION 3.))47.72 29.47%" --....... ....--..,.. "'..._- -"'-~'l"__'_ -.....- Noo-O&P Items Subtotal 4,.151.65 40.14%(. O&P Item" Subtotal 5,992.56 57.94% Cleaning Sales Tax @ 6.5000h 19.8.10 1.92% . --" -.. -..---..- ......---.. ....- ",,,-.. .,. -.....--.....-.- Grand Total 10,342.31 -'---=",~. - -'; : >:. .. \ .. . . .' .... I)T r.:.t'.'I......~---- ALLIED ADJUSTERS July 22, 2005 P. O. Box 583479 Minneapolis, MN 55458-3479 (612) 766-3700 MAIN OFFICE Fax No.: (612) 766-3799 Minnesota Minneapolis p.o, Box 583479 . Minneapolis, MN 55458 612-766-3700 BRANCH OFFICES Scott Puffer Albert Lea 1042 Merritt Street p,O, Box 848 . Albert Lea, MN 56007 507-373-7502 Shakopee, MN 55379 Brninerd P,O, Box 763 . Brninerd, MN 56401 RE: Sewer back-up incident 218-828-8258 LMCIT Claim No. : 11052470 Duluth Trust Member : City of Shakopee P,O. Box 7287 . Duluth, MN 55807 218-628-0961 Date of Loss : 06/05/05 Claimant : Scott Puffer Fairmont Our File No. P.o. Box 15 . Fainnont, MN 56031 : MPS43841 507-235-5565 Faribault Dear Mr. Puffer: P,O.Box 433 . Faribault, MN 55021 50],33+2217 ENCLOSURES: Hutchinson p,O, Box I5? . Hutchinson, MN 55350 . Map of sanitary sewer system in the area of . 320:5S7,?465. . . r.ian1mio. '... .' . '. . .. your home P,O. Box 3523 . Maiikato, MN 56002 . Sewer blockage report dated June 5, 2005 50],387:5468. . Print-out of maintenance jetting log dated oW2tO~'" .... September 30, 2003 p,(), BoX666~ Owntonna,MN 55660 50.?-451~5611:' .,. . I am writing to you on behalf of the City of .RJcli~');" ,\ Shakopee and the League of Minnesota Cities P'(),Blli 994 "Rochester, wi 55903 Insurance Trust regarding the recent sewer back-up 507-289-0042 - . '", .. ',' :~ ",'<,.' Y': '.:.; incident at your home. This will follow-up my ~.CJpuL,' ....... .............. meeting with you at your property on June 7, 2005 p,O, Box 1163- StCloud, MN 5630i . and subsequent telephone discussions with you and 320-259-?766, ..,-.', ...','. your father, Joel Puffer. vn-giIiia ..... P,p,.Box 12Q?' Virginia, MN55792 As we have discussed at length, my investigation 218,741-6965 .,. .... . W'illmar finds no negligence on the part of the City of '.:">.', Shakopee in causing this sewer back-up incident and P.Q, Box. 915 . Wlllniar, MN56201 320-231-2026 the -resul ting damages to your property. Based upon Noi1h Dak01a. these findings, no compensation will be offered to Fargo you as a result of this incident. I regret that I p.o. Box 9255 . Fargo, ND 58106 cannot advise you more favorably. 701:~35- 7484 .. South Dakota Following is information I have obtained during the SioiIxFaIls P.O, Box 1174 . Sioux Falls, SD 57101 course of my investigation upon which your claim 605.-357-0275 denial was based. Wisconsin Hayward p,O, Box 153 . HayWard, WI 54843 715-634-7808 A Division of Berkley Risk Administrators Company LLC Scott Puffer LMCIT Claim No.: 11052470 Our File No. : MPS43841 July 22, 2005 Enclosed please find a map of the City sanitary sewer system in the area of your home. I have highlighted the location of your house on the map. Please note that manholes are identified with letters and numbers. Also enclosed for your reference is a copy of the City sewer blockage report associated with this incident. The city received first notice of this incident at approximately 9:00 p.m. on Sunday, June 5, 2005. The City had responded and cleared the blockage within the City sewer main by approximately 9:30 p.m. It was confirmed that there was a blockage within the City sewer main located between manholes numbered ED93 (located at the intersection of Merritt Street and Shakopee Avenue) and manhole number ED94 (the manhole located directly in front of your house on Merritt Street)~ As you are aware, a foreign object was retrieved from the downstream manhole after the blockage was cleared. This foreign object is described as a wood product which is approximately one inch by one inch in diameter (square) and approximately 20 inches long. At the time this foreign object was retrieved from the downstream manhole it was saturated and flexible. After drying, it hardened and was observed to appear to be some type of cut (sawn) particle board product. Although the actual cause of the blockage within the City sanitary sewer main cannot be determined without question, it is most likely that the foreign object described above either caused or contributed to the blockage within the City sewer main. There is no other available information or physical evidence which would assist in determining the most likely cause of the blockage associated with this incident. In relation to the City sanitary sewer system, there are only three manholes upstream from the location of the blockage associated with this incident. One of the manholes is directly in front of your house. The other two manholes are to the south. The southern most manhole is near the center of the cul-de-sac for Merritt Court. Each of the three manhole covers upstream from the location of the blockage have a center pick hole which is one inch in diameter. The most probable means by which the foreign object entered the City sanitary sewer system would be from someone inserting the object into one of the manhole pick holes and dropping it into the manhole. There is currently no available information as to who may have put the foreign object into the sanitary sewer system. The act of placing the foreign object into the sanitary sewer system could be best described as either complete stupidity, malicious mischief or vandalism. The intent of the unidentified suspect can only be syrmised. 2 Scott Puffer LMCIT Claim No. : 11052470 Our File No. : MPS4384l July 22, 2005 Additional information finds that the City sanitary sewer system is routinely cleaned by the City. This cleaning is done on average once every three years. please see the enclosed print-out from the City maintenance jetting log reflecting that the sewer line, where this blockage occurred, was last cleaned on September 30, 2003. Please note that the category on the far right lists four types of debris which are most commonly found in the City sanitary sewer system. If any of these types of objects are found during the maintenance cleaning process, they are highlighted within the system. In this instance, none of the common elements were highlighted and there were no other comments regarding any observable problems within the City sewer system at this location. Furthermore, the City has no known history of City sewer blockage or sewer back-up incidents resulting from blockage within the City sewer system at this location. The City sewer system in the area of your home is approximately 30 years old with no history of prior blockage incidents where this blockage occurred. There was a prior incident involving blockage City sewer system upstream from your property, but that incident involved a natural gas line being installed directly through the City sewer main and is unrelated in any way to this recent sewer blockage incident. In summary, my investigation finds that the City has designed and reasonably maintained the sanitary sewer system. No City activities caused this recent blockage incident and the City responded promptly, after hours, upon being notified of this recent problem. There is no information indicating that the City could have predicted that a blockage would take place at this location. The City cannot maintain complete control over what may get placed into the City sanitary sewer system from private sources. We realize that this incident has resulted in a hardship to you and your family. We again regret that we cannot advise you more favorably. Sincerely, ALLIED ADJUSTERS vlCtJtt~ Scott Torgers 'n (612)766-3712 ST/~ 3