HomeMy WebLinkAbout13.C.1. Sewer Backup Claim
CITY OF SHAKOPEE J ~. c; /,
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Sewer Backup Claim from Terry Sturlaugson at
834 Scott Street South
DATE: July 7, 2009
INTRODUCTION:
Attached is a letter from Terry Sturlaugson of 834 Scott Street South who is requesting to
discuss a sewer backup incident to his house on April 7, 2009.
BACKGROUND:
A sewer backup did occur on April 7, 2009 and damage did occur to the residence at 834
Scott Street. Attached are the following items in conjunction with discussion of this
letter.
. Report from LMCIT adjuster on the sewer backup incident and his determination
of the City's liability.
. Cost estimate of repair and cleanup of the damage.
. E-mail from LMCIT adjuster on reimbursement of damage.
Mr. Sturlaugson would like to address the Council on his damage and cost as our
insurance has determined that the City is not liable. The property damage has been
estimated at $2,276.82 for cleaning and $10,642.68 to repair the damage or a total of
$12,919.50.
Staff did have our insurance adjuster review the claim and his assessment is that the
cleaning cost is acceptable but the repair work is high, as there was no hardwood flooring
in the basement. The flooring was carpet, vinyl and concrete in the rooms affected. If
the City was to offer compensation an offer of $7,276.82 is recommended by the LMCIT
adjuster.
The options for the City is as follows:
1. Offer no compensation and allow the matter to go to court.
2. Offer a reduced compensation as recommended by our adjuster.
3. Offer a full compensation as submitted.
The City did offer reduced compensation in October, 2005 to a resident who experienced
damage and the City was not liable. The original claim was $16,600.00, then reduced to
$12,000.00 and the City did eventually offer $10,750.00 which was accepted.
Staff recommends to discuss the matter with the resident on his claims and provide
direction to staff and the resident on this matter. One more note is that the resident does
not have sewer backup insurance coverage.
ALTERNATIVES:
1. Approve a motion concurring with the LMCIT recommendation and deny the
claim.
2. Approve a motion offering a compensation amount as a settlement with a release
signed by the property owner.
3. Table for additional information.
RECOMMENDATION:
As discussed on June 16,2009, on sewer backup claims in which the City is determined
not to be liable, would be discussed on a case by case basis. Council will need to discuss
this matter after hearing from the resident.
ACTION REOUESTED:
Approve a motion concurring with the LMCIT report and deny the claim or offer a
compensation amount as a settlement in this matter.
boW
Public Works Director
ENGR/2009-PROJECTS/2009-COUNCILISEWER-BACKUP
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OS/27/2009
To: Shakopee City Council
Subject: Sewer Back-up
I would like to meet with the council and discuss a sewer back-up incident
on 7 April 2009 and the damage it did to my house.
Terry Sturlaugson
834 Scott Street S
Shakopee,Mn 55379
(612-978-8599)
is~;~1 Fe '$av~and.Add-Ariotlt~r '..1 pC~I'I~'l
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htlf1~MRQ~p1\tmiit~ih~~:oom!YYY;d~~@~~fMVt1v=l 61 &pVE 164&CI~1 5/27/2009
April 22, 2009 P. O. Box 583479
Minneapolis, MN 55458-3479
(612) 766-3700
FAX: (612) 766-3799
Gregg Voxland, Finance Director
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Re: Sewer Backup Incident on April 7, 2009
LMCIT Claim No. : 11068425
Claimant : Terry Sturlaugson
Our File No. : MPS049383
ENCLOSURES:
. Copy of ~laim denial letter issued to
Mr. Sturlaugson
Dear Mr. Voxland:
I am writing to you on behalf of the LMCIT Claims
Department regarding the disposition of the above-
referenced claim. This will follow-up email
communication to you on April 14, 2009.
This 'claim has been denied. Please see the enclose~
letter to the claimant in this regard.
Although Mr. Sturlaugson was about as cooperative as
"anyone I have met, it is possible that he may
continue to pursue this matter further. In the event
the City needs any further assistance associated
wi th this claim, please contact me directly at 612-
849-3004. Furthermore, if you have any questions
A Division of Berkley Risk Administrators Company LLC
c__
-,
.
,
Gregg Voxland/ Finance Director
LMCIT Claim No. : 11068425
Our File No. : MPS049383
April 22/ 2009
regarding the handling of this claim, please also contact me
directly.
Sincerely,
ALLIED ADJUSTERS
Scott Torgerson
ST/fi)
cc: Mark Johnson
LMCIT Claims
2
. ,
ALLIED ADJUST~RS
. .
April 22, 2009 P. O. Box 583479
MAIN OFFICE Minneapolis, MN 55458-3479
Minllcsota' (612) 766-3700
~\iJlne'Jpo1is FAX: (612) 766-3799
P.O. Box 583479 . ~linneapoUs, MN 55458
612-766'3700 .
BRANCH OFFICES . Terry Sturlaugson
AlQei1, Lea .. 834 South Scott Street
P.q, Box 848 . Albert Lea, MN 56007 Shakopee, MN 55379
i:t:7r2\i>:ti........ .
'. p.o. Box 763 . BraUIe{d, MN;6401
. 218-828.8258 Re: Sewer Backup on April 7, 2009
. Dululh LMCIT Claim No. : 11068425
P.O. Box 7287 . Dldulh, MN ;;807
218-628-G961 Trust Member : City of Shakopee
Our File No. : MPS049383
Dear Mr. Sturlaugson:
I am writing to you on behalf of the City of
Shakopee (City) and the League of Minnesota Cities
Insurance Trust (LMCIT) regarding the above-
referenced claim. This will follow-up my meeting
with you at your home on April 10, 2009.
I have reviewed City policy, as well as the
specifics of this claim, and have completed my
investigation into this matter. Based upon my
findings, there is no indication of any negligence
on the part of the City of Shakopee in causing or
contributing to this sewer backup incident and the
resulting damages to your property. Based upon these
findings, there is no legal liability on the part ot
the City, and I must respectfully deny your claim. I
regret that I cannot advise you more favorably.
Following is information obtained during my
investigation.
The City schedules routine maintenance of the City
sanitary sewer system over a three-year cycle. The
section of the City sanitary sewer main where this
recent blockage incident occurred was last jetted/
cleaned on October 16, 2007. No problems were noted
. " with the City sewer main at that time.
A Division of Berkley Risk Administrators Company LLC
,
,
Terry Sturlaugson
LMCIT Claim No. : 11068425
Our File No. : MPS049383
April 22, 2009
Furthermore, the City has no records of prior blockage incidents
within this section of the sanitary sewer main.
In an effort to aggressively maintain the City sewer system, the
City performs root foaming work in older areas of the sewer
system which have clay tile pipe. The root foaming procedure is
used to kill tree root growth and to prevent tree root growth.
The root foaming process has a three year guarantee. The area
where this recent blockage incident occurred was last root
foamed on September 26, 2006.
Furthermore, the area where this blockage occurred was televised
on March 1, 2006. No problems were noted at that time.
In summary, this maintenance history indicates that the City has
been in compliance with their routine maintenance schedule, and
they have performed extra maintenance work in an effort to
prevent tree root growth within the City sanitary sewer system.
Regarding this most recent incident affecting your home on
April 7, 2009, the City was unable to clarify the cause of the
blockage. The City was unable to clearly observe any substance
of significant size in the sewage flowing into the downstream
manhole after the blockage was cleared. The City indicates that
they may have seen a bundle of tree roots, or something dark of
significant size, but they were unable to retrieve anything and
could not get a clear look at anything. If it was a large bundle
of tree roots that got hung up within the City sanitary sewer
main, the source.of any such tree roots would have been from a
private sewer drain line somewhere upstream from the blockage
location. It is common for plumbing companies or sewer service
companies to cut tree roots out of private service drain lines
and push the tree root debris into the City sanitary sewer
system. The City has no control over what private parties may
put into the City sanitary. sewer system. No one notified the
City of any tree root cutting activities in your neighborhood
prior to this blockage incident.
The City was first notified of this recent blockage problem
by means of your telephone call to the City at approximately
8:16 PM on the evening of April 7, 2009. City records indicate
2
'.
, '
Terry Sturlaugson
LMCIT Claim No. : 11068425
Our File No. : MPS049383
April 22, 2009
that City employees were on the job by 8:30 PM and were on site
attempting to clear the blockage shortly thereafter. There is no
indication of any delay on the part of the City after they were
notified of this blockage problem.
Minnesota courts have consistently ruled that there are four (4 )
factors that must be considered when deciding whether or not a
municipality can be held liable for damages resulting from a
sewer backup. These are:
. There must be a defect in the City's main sewer line.
. The City must have had notice or knowledge of the defective
condition in the City's main sewer line.
. Upon notice of the defect, the City failed to respond in a
reasonable time.
. As a direct result of the City's failure to respond,
damages occurred.
Based upon my investigation, the blockage incident on April 7,
2009 was the Cityts first notice of a defective condition within
the City's sewer main line in the area where the blockage
occurred. The City responded within a reasonable time once they
were on notice of this defective condition.
Based upon all of the available information, there is no
indication that the City would be held liable for your damages
resulting from this recent sewer backup incident, and on this
basis no compensation is being offered to you. Again, I regret
that I cannot advise you more favorably.
If you have any questions regarding the contents of this letter
or your claimt please contact me directly at 612-849-3D04.
Sincerely,
ALLIED ADJUSTERS
~dr~
Scott Torgerson
ST~
3
.", "
. .
.
Terry Sturlaugson
LMCIT Claim No. : 11068425
Our File No. : MPS049383
April 22, 2009
cc: Gregg Voxland, City Finance Director
cc: Mark Johnson
LMCIT Claims
4
1
.' .J_ .y, r
Sturlaugson
Machine & Construction, Inc.
3732 - 26th Avenue North Date: 6/15/2009
Robbinsdale, MN 55422 Phone: (612) 860-7697
License # 20553211
Proposal Submitted To: Job Address
Terry Sturlaugson 834 Scott Street South
834 Scott Street South Shakopee, MN 554379
Shakopee, MN 554379
W~flgrebys...brni~sl)e~ifiC:il.ion$'.rac:.e$.irn.t.e$f(.Jt.hefOlloWioa;; 'ic' ~ "."', :~':';-'.
Materials
(1) oak door frame with casing $ 130.00
(15) 4 x 8 sheets drywall $ 110.00
700 sq. ft. hardwood flooring ($4/sq. ft.) $ 2,800.00
700 sq. ft. vapor barrier $ 350.00
165 sq. ft. 12" X 12" tile ($2/sq. ft.) $ 330.00
295 lineal ft. oak base trim $ 368.00
295 lineal ft 3/4" corner round $ 150.00
5 gallons Sherwin Williams primer $ 120.00
9 gallons Sherwin Williams paint $ 180.00
Misc. hardware, drywall supplies, stain, sealer, tile master, grout, grout sealer $ 240.00
Total $ 4,778.00
6.9% tax on materials $ 329.68
Total materials and tax $ 5,107.68
Labor
1. Drawings and permits from city if needed.
2. Remove existing oak door frame and trim in lower level bath; water damage.
3. Reinstall new oak door frame with trim using existing door; lower level bath 28".
4. Replace water damaged drywall lower level removed by Coit company;
water damaged. Taped, sanded ready for paint.
5. Install 700 sq. ft. flooring (engineered) with moisture barrier.
6. Install 165 sq. ft. 12" X 12" tile bathroom and laundry room.
7. Install 295 lineal ft. base trim, oak (to match existing).
8. Install 295 lineal ft. corner round, oak (to match existing).
9. Stain and two coats of clear sealer on all woodwork.
page 1 of2
,.
I
"".....-- . .
a e 2 of 2
10. Prime and two coats of paint on all walls where drywall repair was needed.
11. Clean up and removal of all construction debris.
T otallabor $ 5,535.00
We propose hereby to furnish material and labor complete in accordance with above specifications, for the sum of:
dollars ($ )
Payment to be made as follows:
Authorized Signature:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard
practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written
orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes,
accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are
fully covered by Workman's Compensation Insurance.
This proposal may be withdrawn by us if not accepted within 3 days.
d?'\W;;~~',o
.~. State of Minnesota Construction Codes and Licensing Division
~. '.'. "~1'~ Department of Labor and Industry Telephone: (651) 284-5065
H~" .... .:.'~ 443 Lafayette Road N. E-mail address: dli.license@state.mn.us
+1{:~i~~'j",>,"~ St. Paul, MN 55155 Website address: www.doli.state.mn.lIs
I
RESIDENTIAL BUilDING CONTRACTOR LICENSE
.
Legal Name: STURLAUGSON MACHINE & CONSTRUCTION 'Ne Business Structure:
DBA: CORPORATION
Address: 3732 26TH AVE N
ROBBINSDAlE, MN 55422
License Identification Number: 20553211 Qualifying Person: CRAIG RSTURLAUGSON
o. ..
Licens~ Expiration Date: 03/31/2010 . ContinUing. f2dtJc~tion: 7 hours due by 03/31/20 1 0
-----,\
"
COIT~~ Coit Services
,"',. . -,,,, ~.."..... .-,'
1] 100 Hampshire Ave S,
Bloomington,IVfN 55438
Client: TelTY Sturlaugson Home: (612) 978-8599
Property: 834 Scott Street S Cellular: (952) 836-7892
Shakopee, MN 55379
Operator Info:
Operator: WILL
Estimator: Will Offemlan Business: (952) 944-9433
Type of Estimate: Backup of Sewer or Drain
Date Entered: 4/8/2009 Date Assigned: 4/8/2009
Date Est. Completed: 4/]4/2009 Date Job Completed: 4/1 1/2009
Price List: MNMN5B_APR09
Restoration/ServicelRemodel
Estimate: RI00494W
File Number: NO INSURANCE
Coit Restoration Services operates throughout the Twin Cities greater metropolitan area.
24/7 emergengy 1-800-367-2748
Water Remediation, Fire damage clean up, Air Duct cleaning, complete Content cleaning and Pack-outs as well as
Storagc.
All work is donc witbin the guidelines of the IICRC 500/520 and NADCA.
Any questions regarding this invoice please contact
Will Offel1nan. Office 952-944-9433 or Mobile 612-750-3956
7i:f ta- i Y~L- L~
;;:It
;,
CCIT~J.fQ Coit Services
.. .
" 11100 Hampshire Ave S.
Bloomington, MN 55438
RI00494W
RIOO494W
DESCRIPTION QNTY REMOVE REPLACE TOTAL
Received calI from borne owner 04-08-09 AM, Sewer drain back up,
Removed carpet, pad, affected wood panelling. removed baseboard . Sprayed antimicrobial
Installed I debu and 5 air movers 3 days drying
I. Air mover (per 24 hour period) - No 15.00EA 0.00 25.00 375.00
monitoring
2. Dehumidifier (per 24 hour period) - 3.00 EA 0.00 101.25 303.75
XLarge - No monitoring
3. Equipment setup, take down, and 4.00 HR 0.00 41.68 166.72
monitoring (hourly charge)
4. Emergency service call - during 1.00 EA 0.00 116.75 116.75
business hours
5. Content Manipulation charge - per hour 4.00 HR 0.00 38.44 153.76
7. Haul debris - per pickup truck load- 1.00EA 129.35 0.00 129.35
including dump fees
Total: RI00494W 1,245.33
Basement Lx'VxH 19' 5" x 13' 2" x 8'
521.33 SF Walls 255.65 SF Ceiling
776.99 SF Walls & Ceiling 255.65 SF Floor
28.41 SY Flooring 65.17 LF Floor Perimeter
155.33 SF Long Wall 105.33 SF Short Wall
65.17 LF Ceil. Perimeter
DESCRIPTION QNTY REMOVE REPLACE TOTAL
8. Water extraction from floor - Category 3 30.00 SF 0.00 1.23 36.90
water
9. Tear out wet non-salvageable carpet, cut 30.00 SF 0.40 0.00 12.00
& bag for disp.
10. Baseboard - Detach 14.00 LF 0.00 0.93 13.02
13. Apply anti-microbial agent 30.00 SF 0.00 0.23 6.90
14. Tear out wet carpet pad and bag for 30.00 SF 0.39 0.00 11.70
disposal
45. Tear out lackless strip and bag for 35.00 LF 0.89 0.00 31.15
disposal
41;. Floor Cleaning Technician - per hour 4.00 HR 0.00 36.34 145.36
Totals: Basement 257.03
R100494W 4/1 4/2009 Page: 2
, ,
COIT~~ Coit Services
~ .. " a>." .~..
11100 Hampshirc Ave S.
Bloomington, MN 55438
Bedroom 1 LxWxH 13' x 13' 2" x 8'
418.67 SF Walls I 71.1 7 SF Ceiling
589.83 SF Walls & Ceiling 171.17 SF Floor
19.02 SY Flooring 52.33 LF Floor Perimeter
104.00 SF Long Wall 105.33 SF Short Wall
52.33 LF Ceil. Perimeter
DESCRIPTION QNTY REMOVE REPLACE TOTAL
15. Water extraction from floor - Category 52.00 SF 0.00 1.23 63.96
3 Wltter
\6. Tear out wet non-salvageable carpet, 52.00 SF 0.47 0.00 24.44
cut/bag - Cat 3 water
17. Baseboard - Detach 33.00 LF 0.00 0.93 30.69
20. Apply anti-microbial agent 52.00 SF 0.00 0.23 11.96
21. Tear out wet carpet pad, cutlbag - 52.00 SF 0.55 0.00 28.60
Catcgory 3 water
Totals: Bedroom 1 159.65
Closet LxWxH 11' x S' x 8'
256.00 SF Walls 55.00 SF Ceiling
311.00 SF Walls & Ceiling 55.00 SF Floor
6.11 SY Flooring 32.00 LF Floor Perimeter
88.00 SF Long Wall 40.00 SF ShOlt Wall
32.00 LF Ceil. Perimeter
DESCRIPTION QNTY REMOVE REPLACE TOTAL
38. Water extraction from floor - Category 55.00 SF 0.00 0.77 42.35
2 watcr
39. Tear out non-salv vinyl, cut & bag- 55.00 SF 1.42 0.00 78.10
Category 3 water
40. Baseboard - Detach 30.00 LF 0.00 0.93 27.90
42. Apply anti-microbial agent 55.00 SF 0.00 0.23 12.65
49. Tear out wet drywall, cleanup, bag, per 20.00 LF 2.50 0.00 50.00
LF - up to 2' tall
Totals:' Closet 211.00
RI00494W 4/14/2009 Page: 3
"
.
COIT~ Coit Services
.., '-..
II! 00 Hampshire Ave S.
Bloomington, MN 55438
Utility Room LxWxH 9' x 10' to" x 8'
317.33 SF Walls 97.50 SF Ceiling
414.83 SF Walls & Ceiling 97.50 SF Floor
10.83 SY Flooring 39.67 LF Floor Perimeter
72.00 SF Long Wall 86.67 SF Short Wall
39.67 LF Ceil. Perimeter
DESCRIPTION QNTY REMOVE REPLACE TOTAL
22. Water extraction from floor - Category 97.50 SF 0.00 0.77 75.08
2 water
27. Apply anti-microbial agent 97.00 SF 0.00 0.23 22.31
46. Tear out wet paneling, bag for disposal 119.00 SF 0.42 0.00 49.98
Totals: Utility Room 147.37
Hallway LxWxH 17' 3" x 3' X 8'
324.00 SF Walls 5 1.75 SF Ceiling
375.75 SF Walls & Ceiling 51.75 SF Floor
5.75 SY Flooring 40.50 LF Floor Perimeter
138.00 SF Long Wall 24.00 SF Short Wall
40.50 LF Ceil. Perimeter
DESCRIPTION QNTY REMOVE REPLACE TOTAL
29. Water extraction from floor - Category 51.75 SF 0.00 1.49 77.11
3 water - Heavy
30. Tear out wet non-salvageable carpet, 51.75 SF 0.47 0.00 24.32
cut/bag - Cat 3 water
3 I. Baseboard - Detach 11.00 LF 0.00 0.93 10.23
34. Apply anti-microbial agent 60.00 SF 0.00 0.23 13.80
35. Tear out wet carpet pad, cut/bag- 51.75 SF 0.55 0.00 28.46
Category 3 water
Totals: Hallway 153.92
Line Item Totals: RI00494W 2,174.30
RI00494W 4/14/2009 Pagc:4
c,
COIT~ Coit Services
,.. .,. ~.~..._ u" __, ...
l I I 100 Hampshire Ave S.
Bloomington, MN 55438
Grand Total Areas:
1,837.33 SF Walls 631.07 SF Ceiling 2,468.40 SF Walls and Ceiling
63 I .07 SF Floor 70.12 SY Flooring 229.67 LF Floor Perimeter
557.33 SF Long Wall 361.33 SF Short Wall 229.67 LF Ceil. Perimeter
0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area
0.00 Exterior Wall Area 0.00 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length
0.00 Total Ridge Length 0.00 Total Hip Length
R100494W 4/14/2009 Page: 5
. ....-~..-.. . ~-._- . ""---'-''''-'-'~''--'''''~-''~'~._-"''------_.-'-''.- .... .....-.. ---.._- .--.--...... -~-.. . ----.--....--.--...-.-.....- -.-" ...
".
"
COIT~ Coit Services
. ..... .
,
, 11100 Hampshire Ave S.
Bloomington, MN 55438
Summary
Line Item Toral 2,174.30
Mati Sales Tax Reimb @ 6.500% x 24.70 1.61
Subtotal 2,\75.9\
Cleaning Sales Tax r;' 6.500% x 1,552.44 tOO.91
..g
Replacement Cost Value $2,276.82
Less Deductible (500.00)
Net Claim $1,776.82
RIOO494W 4/14/2009 Page: 6
Bruce Loney
From: ST orgerson@berkleyrisk.com
Sent: Wednesday, June 17, 200910:56 AM
To: Bruce Loney
Cc: Mike Hullander
Subject: The Sturlaugson Sewer Backup
Bruce (and Mike):
Not all of what is being claimed as dwelling damages are legitimate.
-The Coit services in the amount of $2,276.82 are accurate and acceptable. That work was completed, and the charges
by Coit for the services they rendered should be considered acceptable.
-The scope of the dwelling rebuild appear generally accurate with one exception.
There was no hardwood flooring in the basement.
The utility room had a concrete slab surface. The Laundry, Bathroom and Bedroom Closet had vinyl (tile) flooring. The
Family Room, Bedroom and Hallway had carpet over pad.
You should note that in Coit's service bill, they charged for tearing up wet carpet and pad in the basement (family room),
bedroom and hall.
All of the flooring was affected, so the accurate scope of the flooring damages would be to go back with average grade
carpet and vinyl flooring, not hardwood flooring.
Since I don't know how much labor charges are being made for which trades, I do not know what adjustment should be
made in the labor category of the Sturlaugson's proposal. The materials category should be reduced by approx.$1 ,050 -
$1,400 to account for the difference in the $4/s. f. costs for hardwood flooring compared to average grade carpet & pad
material costs of approx. $2 - $2.50/s.f.
IF the City is contemplating compensation to the Sturlaugson's, my recommendation would be to offer them
reimbursement of the Coit service billing plus $5,000. They clearly misrepresented their damages with regard to the
hardwood flooring vs. the carpet.
The $5,000 is much closer to the Fair Market Value of their loss (for the building repairs) , and the City has a very strong
case for defending itself with regard to any allegation of legal liability.
.-
I hope these comments in this message are helpful.
Scott Torgerson
Allied Adjusters
P. O. Box 583479
Minneapolis, MN 55458-3479
612-849-3004 (cell)
612-766-3712 (office)
612-766-3799 (FAX)
E-mail: storgerson@berkleyrisk.com
"Bruce Loney" <BLonev@ci.shakopee.mn.us> To <storaerson@berklevrisk.com>
cc "Mike Hullander" <MHullander@cLshakooee.mn.us>
06/17/200910:25 AM Subject FW:
Scott attached are the claims from the resident at 834 Scott Street
which you denied as you found the city at no fault. Can you review his
1
claims and tell if they are legitimate or not. He wants to go to the
council and request some help in this matter.
-----Original Message-----
From: helpdesk@ci.shakopee.mn.us [mailto:helpdesk@ci.shakopee.mn.us]
Sent: Wednesday, June 17, 2009 9:12 AM
To: Bruce Loney
Subject:
This E-mail was sent from "RNPB2956C" (MPC2500!DSc525) .
Scan Date: 06.17.2009 10:12:26 (-0400)
Queries to: helpdesk@ci.shakopee.mn.us
[attachment "20090617101226865.pdf" deleted by Scott Torgerson!MN!BRAC!WRBerkley]
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Template: Minutes CITY OF SHAKOPEE > City Council
Committee Type
I City Council : . .
I Date
10/18/2005
Retention
Permanent omeial~ss Qflbe Oetobet Ii, 200S
Month SbIikopee City Council Page -9-
October
Thq ~ that the offilr of$llJ,OOO is a. ridiculoU$ 8I1IoUllt for the amowlt of'WOtlc yet to be
done. Mr. Put'fet slllted that 15% otthc damages would be Q a,ppfOpl'iate amoWlt for the City 10
pay in adliifum 10 the clean up coil1$. He did not have an exact dolJar lIIl10UIlt
CncI. t..chlnan llSkCl! what !be iIIlmages were. ~ Puffer~. that out otlbe $10.000
tromlbe CiIy.lbey lite left with IlpproXimaIellS4,600 atlerpaymg lbeclean-up mvoillo. 11uI
l'ufl'ersoblained ~tes as !olloWll: $2,000 to teplaee floors, a drywall Rplacementestimate
of$l,600. W'rth the mnaiWng $910, a dumpster would be ~ to demolillb lllIdreplaee lbe
~dnors, frames, stairs, insulation, lIIId batluoom. liI addIlioII, ~ ate pem:mallleIllS 10
be~
Cool. Joos noted 1Imt the City pays its lnsuratlee eompanies. to ln~ IIllItterS SlICh asthese.
l-k continued to state that \he in~gator $IQted t1mt the city WlIm't nesliaW lllIIl '" is
~ about setlinIl A~. enoL 1005 felt tbat$IO,OOO is a.~1e offer.
C1I\11. Helkamp stated that either the Putfef$ ~t the City's fiMJ offer ~ We ll, oWm in ilOurl.
Mayor Schmitt Mked wbetl10r or llIlt the puffilts will ~.lbe City's offilr. Mr. Puffer
respouded !bat they. will thlnk about it.
MendealLehman lnO'Iedto approve dmt the CityPlIY the 'Put'ms a. sei:tIetnent in the amountof'
$10,1S1l for.~ ~whid1 it splitting the ~ between the two offers llIId to dimt
stafflD JlIllIlBllI a mI_ to be signIld by the Pufi'cm. Molitm ClIlIied S4
lOO1llMendcntnoved to allow ~ city officials to aeocpt the SeeIll'e 0\If SdIoob <:lrallt
award llIId enter into a reimbllfSlllllellt agreement with JSD 120. (Motion cmied 1IIllIerthe
~ntAgellda.)
loos1Mendcn moved to IIl.ltlwrlze AppIllprlate city otfl.:ials to enter into the as-ent willi
HealkhClllC ~ 10 cfim lbe Silver S~~ peadins the ilnal nwiew by the
City Ai.tl>mcy. (Motion carried 1IIIlIcnbc <:0_ AgclllIa.)
looslMcndcn llIONCd 10 set a work SCS&ion witb the Aceessibility Task Force for 6:00 p.m.. on
TiJePy, Det:ember20. 2005. (Motioo earried lll1det the Consent~)
Mlut Themig, Pal"ks, Recreation ami Facilities Dim:tor ~ to podiutn to ~ 1M
Prior Lake Wilier Ski Associiltion U~ Agreement. fie incUeated that lbe City has ~ working
with Aggregate litdU$trie$to JllIll:base a III aere reclaimed aggrc~ qwmy in ~
Sbakopcc.
Mr. Themig lIUlted 1Imt !be water ski llSlKlclalion approached city. 1m separate organizaiions
ClIllICtoglllher to <IeveIop a multiple use plan; the Cil)' was most feasible party 10 lake ownership
ofthc part. Shat:opee resideltls would bonefit and !lie area would become a large park with two
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