4321 Stirrup St - Sewer Service Repair Claim
Agenda Information Memo
April 17, 2012 Eagan City Council Meeting
OLD BUSINESS:
B. SEWER SERVICE REPAIR CLAIM, 4321 STIRRUP ST.
ACTION TO BE CONSIDERED: Receive the Public Works Committee's
recommendation and provide a response to the appeal for reconsideration of the denial
of a claim for a failed sewer service at 4321 Stirrup St.
FACTS:
• On December 12, 2011 the City received a formal claim from owners Donald and
Lisa Bliss for costs incurred on December 2, 2011 to repair a private sanitary sewer
service originally installed in November of 1983 at the referenced address. The
claim identified costs incurred at approximately $8,400 to remove and replace the
private sewer service between its connection to the City's system at the property line
and the house foundation (approx. 46). Additional future restoration costs to repair
the driveway, landscaping and front lawn were projected to exceed another $7,000.
• The claim was forwarded to the City's insurance carrier, the League of Minnesota
Cities Insurance Trust (LMCIT), and subsequently denied on January 20, 2012. The
claimants then approached the Council at their informal Listening Session on
February 21 to appeal the insurance company's denial. The Council directed the
matter to the Public Works Committee for further review and consideration.
• The Public Works Committee was provided with all pertinent background
information necessary to review the merits of the appeal and met with the claimants
on March 9. The Public Works Committee's deliberation concluded in a
recommendation to the City Council that they approve a contribution towards the
cost of repair that would typically be covered under the City's Inflow and Infiltration
(I&I) program for similar type work.
• The claimants were asked to obtain and submit estimates of all remaining restoration
work along with any other related costs. Staff was directed to research previous I&I
corrective repair work that might be similar to the claimants' repair and identify
which costs would typically be covered if the work were to be considered under the
I&I Program.
ISSUES:
• If this private sewer service failure and its repair are deemed to be considered part of
the City's current I&I Program, the costs incurred by the property owner for the
o
required corrective work would qualify for the City's 50 /o reimbursement policy.
However, the Policy specifically defines and limits the scope of the work eligible for
cost participation to only those costs incurred by a pre-approved licensed plumber or
pipe-laying contractor and does not cover any restoration work performed by others.
• If this private sewer service failure is deemed to not be considered part of the City's
I&I Program and still the responsibility of the City, the LMCIT and City Attorney's
office have opined that the City has no legal liability or financial obligations per
State Statute. If the sewer failure is deemed to be the responsibility of the property
owner, the Council may similarly be precluded from providing public funds towards
the repair and maintenance of private property.
(Continued next page)
Agenda Information Memo
April 17, 2012 Eagan City Council Meeting
OLD BUSINESS:
B. SEWER SERVICE REPAIR CLAIM 4321 STIRRUP ST.
(continued)
ATTACHMENTS:
• I&I Reimbursement Policy page
• I&I Mitigation Cost evaluations page
• Property owners' Summary of claim estimates, page
• Public Works Committee meeting summary notes, page
0 Public Works Committee Packet, enclosed without page number.
I&I Reimbursement Policy
(Sewer Service Repair - 4321 Stirrup St.)
The City's I&I Sump Pump and Service Lateral Inspection Program and related Mitigation Policy has
been in effect since Council adoption on January 19, 2010. The purpose of the program is to eliminate
any type of clear water connections via services that allow ground or surface water to enter the
system. The City's Inspection Program has been primarily focused on Inflow only (i.e. sump pumps,
foundation drains, downspouts, etc. which create peak flow issues) rather than Infiltration (i.e. ground
water seepage). The Mitigation Policy provides for the City's contribution of 50% towards the cost of
repairs.
"City Cost Participation. The City will assume responsibility for 50% of costs
incurred by the homeowner for required corrective work. If the corrective work
is not performed under a City issued contract, the property owner may perform
the work personally. "
Per this City policy, if the property owner opts to physically perform the work themselves, the City's
contribution is limited to the cost of materials only. If the property contracts with an outside vendor,
the City requires that at least two estimates be obtained and submitted for approval prior to the work
commencing. The City will then reimburse 50% of the lowest cost estimate for only work required to
address the Corrective Work Order issued under the I&I Program.
......only work performed by a licensed plumber and/or pipe-layer contractor
pre-approved by the City will be eligible for City participation. "
This Policy does not provide reimbursement for any related restoration or other costs incurred by the
property owner beyond the service line repair. Because the sewer failure at 4321 Stirrup was
discovered with resulting repair work performed by the property owners prior to the City's I&I
inspection of the property, neither the contractor nor the related scope of repair work were able to be
pre-approved by the City. Subsequently, competitive estimates were not provided helping to insure
the lowest cost and minimum scope of work as necessary to correct any identified I&I issue(s).
The only potential source of Infiltration into the system (i.e. ground water) would have been via the
deteriorated "elbow" section where the blockage occurred near the connection to the City's service
stub, and this corrective repair would not have required replacement of the entire line (i.e. spot
excavation only). Although the service line was noted by the property owners' plumber as having
several "bellies" along it, it would not have been considered a source of I&I and a Corrective Work
Order would not have been issued under the inspection program. The sewer service line appeared to
have been fully functional until the deteriorated elbow section failed resulting in the blockage.
Unfortunately, the submitted invoice does not break out the cost of repairing only the faulty elbow
section (i.e. spot repair) vs. relaying the entire service line from the house to the right of way (approx.
46').
I&I Reimbursement Cost Evaluation
(Sewer Service Repair - 4321 Stirrup St.)
The property owners have submitted receipts, invoices and/or cost estimates for all other work related
to the sewer failure, its repair and proposed restoration. Based on the City's current policy, only the
sewer repair work would be eligible for reimbursement under the City's I&I reimbursement policy.
To date, the City has only encountered four (4) I&I corrective sewer repairs that involved an exterior
excavation. All of these were spot excavations with nominal yard/landscaping disturbance and none
resulted in any driveway disturbance. Per the I&I Policy, all related lawn and landscape restorations
at these 4 locations were the responsibility of and performed by the property owner at their expense.
The following is a breakdown of the claim submitted by 4321 Stirrup St with a comparison to the
other repairs and the City's I&I Reimbursement Policy.
Actual City's 50%
Sewer Repair Costs Reimbursement
• 4321 Stirrup $7,250 TBD
• City comparables(4) $ 758 Low $ 379
$4,521 High $2,260
$2,103 Avg $1,203
City's 50%
Landscave/Lawn Estimates Reimbursement
• 4321 Stirrup $4,246 Low $0 (DNQ Does Not Qualify)
$7,550 High $0 (DNQ)
$5,747 Avg $0 (DNQ)
• City Comparables None None
Driveway (12 SY patch req'd, Total D/W area = 72 SY)
Estimates
• 4321 Stirrup $2,380 Low (84 SY) _ $28.33/sy
$4,536 High (103 SY) _ $44.04/sy
$3,414 High (84 SY) _ $40.64/sy
$3,420 High (67 SY) _ $51.04/sy
$2,952 Avg (72 SY) = $41.01/sy
• City Comparable (1)
(Not I&I related) $1,990 Actual (78 SY) = $25.44/sy
Submitted Previous City
Misc Expenses (4321 Stirrup) Costs Reimbursements
• Hand Sewer Snake $125 $0 (DNQ)
• Wet/Dry Vac $ 25 $0 (DNQ)
• Plumber call out #1 $325 $0 (DNQ)
• Plumber call out #2 $463 $0 (DNQ)
Total amount of claimed expenses for 4321 Stirrup St = $17,241.64
i
DON AND LISA BLISS
4321 STIRRUP ST
SEWER LATERAL EXPENSES WITH BIDS AVERAGED
Landscape Bids:
$7550.00
5443.92
+4246.00
TOTAL $17239.92 DIVIDED BY 3 for an average price Average cost: $5746.64
Driveway Bids
$4536.00
2380.00
2900.00
3414.00
TOTAL $13230 DIVIDED BY 4 for an average price Average cost: $3307.50
Expenses Totaled
Landscape Averaged Bid $5746.64
Driveway Averaged Bid 3307.50
Expenses Known Cost 150.00
Rabbit Rooter Known Cost 325.00
Hopke Plumber Known Cost 462.50
Hopke Plumber-
Replacement of Sewer Lateral Known Cost 7250.00
Water Shut-off moved
TOTAL EXPENSES PART AVERAGED/PART $17,241.64
KNOWN
PUBLIC WORKS COMMITTEE MEETING
FRIDAY, MARCH 9
EAGAN CITY HALL
CONFERENCE ROOMS 2A AND 2B
MEETING NOTES
The Public Works Committee of the City Council consisting of Councilmembers Paul Bakken
(via Skype teleconference) and Cyndee Fields convened the meeting at 2:00 p.m. Also in
attendance were City Administrator Tom Hedges, Public Works Director Tom Colbert,
Communications Director Tom Garrison, Utilities Superintendent Jon Eaton, City
Clerk/Administrative Services Coordinator Christina Scipioni, property owners Donald and Lisa
Bliss (4321 Stirrup Street), Gary and Karen Foster, and Debra O'Connor.
Councilmembers Bakken and Fields called the meeting to order and adopted the agenda as
presented.
II. SEWER SERVICE REPAIR CLAIM APPEAL - 4321 STIRRUP STREET
Director Colbert provided background information about the claim previously brought to the
Council's attention by the property owner at the Council's Listening Session on March 6. Mr.
Foster presented information about the work undertaken to repair the sewer service, which
included excavating the entire length of the property owners' line with significant restoration
work still remaining. The Public Works Committee discussed potential ways to address the appeal
and determined it would be reasonable to offer a partial reimbursement under the Inflow and
Infiltration (I & I) Program. Mr. Colbert could recall possibly only one other I&I correction that
involved excavation of the sewer service. It was noted that most I & I repairs are completed
without full excavations using internal slip lining or spot excavations. More research was needed
to determine if any full excavations have been done as part of an I & I repair and what repair costs
were paid for as part of the I & I Program. The property owners were requested to submit all
available receipts and to obtain formal estimates regarding their claim. This information would
then all be forwarded to the full Council with the Committee's recommendation.
Public Works Committee Recommendation: After reviewing the claim, the
Committee recommended the City reimburse the homeowners for 50 percent of the
repair costs, consistent with the Inflow and Infiltration Program. The Committee
directed staff to determine what costs the Inflow and Infiltration Program would
cover and how much the City has reimbursed other property owners for excavation
costs related to Inflow and Infiltration repairs, if any such repairs have occurred.
The Committee suggested that this recommendation go to the full Council at the April 17 meeting
to accommodate the property owner's availability.
The Committee adjourned the meeting at 2:45 p.m.
AGENDA
PUBLIC WORKS COMMITTEE MEETING
FRIDAY, MARCH 9, 2012
2:00 P.M.
CITY HALL
CONFERENCE ROOMS IA&B
1. ADOPT AGENDA
II. SEWER SERVICE REPAIR CLAIM APPEAL
- 4321 Stirrup St.
III. OTHER BUSINESS
IV. ADJOURNMENT
PUBLIC WORKS COMMITTEE
March 9, 2012
11. SEWER SERVICE REPAIR CLAIM APPEAL - 4321 Stirrup St.
BACKGROUND
On December 12, 2011 the City received a, formal claim (copy enclosed on page
j ) from owners Donald and Lisa Bliss for costs incurred on December 2,
2011 to repair a private sanitary sewer service at the referenced address. Enclosed on
pages 7 through 9 is additional supporting information to the claim
submitted on December 14. Mr. & Mrs. Bliss purchased the property in the summer of
2011. The claim identified costs incurred at approximately $8,400 with additional
future restoration costs yet to be determined (projected by property owner at about
another $7,000).
The repair work revealed that the sewer service had incurred a blockage and structural
failure at the elbow joint near the connection to the City's sewer stub near the street
right of way. At the direction of the property owner, approximately 46 feet of sewer
was subsequently removed and replaced by Hopke Sewer & Drain Inc at an invoiced
cost of $7,250.
The property owner's claim is based on statements by others of inferior installation
procedures and materials, and their belief that the work was either never inspected or
assumed defects were overlooked at the time of the City's inspection 28 years ago.
HISTORY
The sewer service permit was originally pulled by McGuire Mechanical Services Inc.
under Sewer Permit #6285, dated 11-16-83 and, according to Tim McGuire,
subcontracted to Larson Sewer and Water for installation (no longer in business). The
permit is signed off by the City's Utility inspector "Larry" (retired in 2004), but no date
is referenced for the inspection (see permit on page /p
The property owner stated that the two sewer maintenance companies called out on this
problem identified an impenetrable obstruction at a distance near the service connection
to the City's stub at the property line. A statement by Hopke Sewer & Drain Inc is
enclosed on pages and /,3 describing an undulating condition of the
sewer line and deterioration of the elbow connection at the city's stub that resulted in
the ultimate blockage (photos enclosed without page number). Video tapes of the sewer
televising by the sewer maintenance companies were not recorded and/or retained. The
sewer appeared to function adequately until the blockage occurred from the collapsed
pipe at the elbow.
f
CLAIM DISPOSITION AND APPEAL
The claim was forwarded to the City's insurance carrier, the League of Minnesota Cities
Insurance Trust (LMCIT) and subsequently denied on January 20, 2012. The basis of
the denial was the State's 10 year Statute of Limitations and reliance on previous court
rulings affirming a city's lack of liability for actions related to city inspections on
private property. A copy of the denial is enclosed on page _4.
Mr. Foster then appealed to the City Council for their consideration of this claim. A
copy of that appeal dated February 13 (enclosed on pages 1- through / 9 )
was forwarded to the City Council and heard at the February 21 Council Listening
Session. The Council then directed the matter to the Public Works Committee for
review and recommendations.
RESEARCH RESULTS OF OTHER STIRRUP ST. PROPERTIES
Permits Permits were reviewed for the 20 other properties addressed off Stirrup
Street. 15 of those were also inspected by Larry. The others were by other City Utility
inspectors. All other permits were signed and dated.
McGuire Mechanical also pulled sewer permits for 3 of the other properties, all of
which were also inspected by Larry. A combination of 14 other plumbers installed the
services on the 20 other properties between 11-17-79 and 7-07-87. The City does not
have any records of any service work requiring a permit for repair or replacement.
Inflow & Infiltration (I&I) Sewer Line Camera Inspection A notice was mailed on
November 25, 2011 informing all property owners in this sewer district of the City's
I&I Mitigation and Sump Pump Inspection Program and an informational community
meeting scheduled for December 14. Follow up notices requesting property owners to
schedule a sump pump inspection was sent to these same properties on January 4. All
other properties along Stirrup St were also informed that their sewer would be televised
at the same time. This was a staff initiative to see if the Bliss sewer problem was
systemic. Starting on January 12, 15 of the 20 properties have since been televised to
date. The remaining 5 are individually scheduled for sometime within the next 6 weeks
based on property owner availability. Results received to date show no indications of
any structurally damaged or compromised pipe. The reports identify minor sags in 3 of
the sewer service lines. Of those, none were installed by McGuire Mechanical. No I&I
related issues have been identified that would require the issuance of a Corrective Work
Order.
INFLOW & INFILTRATION (I&I) REIMBURSEMENT PROGRAM
Inflow & Infiltration (I&I) Reimbursement Program The structural failure of the
sewer pipe elbow at 4321 Stirrup at its connection to the City's service stub is not
considered an I&I related issue as it would not have been a conduit for direct clear
water inflow into the sewer system similar to a foundation drain, roof rain leader or
sump pump connection. If any existing cracks, sags, deflections, etc would have been
pre-discovered, it would have been considered a private maintenance issue and would
not have warranted an I&I Corrective Work Order. As such, any repairs or follow up
work would not have qualified for the City's I&I reimbursement program (50%).
r
However, advisory notices are typically provided to property owners in these situations
informing them on the benefits of ongoing vigilant maintenance and/or subsequent
structural improvements to minimize future sewer service problems.
Any work deemed eligible for the I&I Reimbursement program requires two estimates
pre-approved by the City with reimbursements based on the lesser amount. The City
provides a list of both trench excavators and sewer lining contractors for consideration.
MATERIAL INSPECTION
City staff consisting of the Public Works Director, Chief Building Official and
Plumbing Inspector visited the property on March 1 to inspect the salvaged pipe stored
on site in the garage. It was identified as a 4" Carlon PVC plastic pipe with the
manufacturer's material classification testing numbers stamped on the sewer pipe
(ASTM #3033 & #3034) (ASTM = American Society of Testing Materials). Research
has determined that this pipe meets both today's standards as well as the standards
contained in the State Plumbing Code in 1983.
The joints were found to be tight and sound with no indication of movement under hand
pressure and appeared to be structurally sound. The pipe was noted to have been saw
cut between joints to facilitate removal and/or storage rather than having been pulled
apart at the joints. There was evidence that several of the joint couplings broke apart
rather than simply being pulled apart. There also was evidence of plastic joint sealing
primer compound on one section of white PVC pipe. There did not appear to be any
evidence or indication that would identify the cause of the deterioration and collapse of
the elbow connector. This is where the obstruction was noted and the apparent
structural failure occurred.
INSURANCE & WARRANTY COVERAGE
City staff is not aware of or familiar with various types of private insurance coverage
that may be available under a homeowner's policy or as a separate endorsement. The
claimant's contractor (Hopke) who installed the new sewer service, under continuously
observed and very controlled conditions, has provided a 5 year parts and labor limited
warranty. When contacted by the City about his willingness to extend that warranty to
30 years on this or similar work, he declined implying that that length of warranty is not
practical and didn't know anyone who would warrant any product or service for that
period of time.
The City has never offered any type of warranty protection or insurance program for
private property improvements. If the City were to assume warranty responsibilities as
part of its inspection program, it would need to implement an ongoing maintenance
management program to identify potential issues and provide mitigative corrective
maintenance in a timely manner, similar to the City's Pavement Management Program.
In regards to sewer services, it would most likely require televising all sewer services
every 2-4 years at a current cost of $160-$200/each. This would greatly expand the
resources required of City staff and a related increase in utility fees to finance it, along
with any subsequent repair work that might be required. If such a City program were to
be implemented, it might also be considered a business conflict by government
competing with private enterprises who offer this same type of maintenance service. An
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ongoing inspection program, and any resulting preventative maintenance work, is
something that property owners can presently perform on their own schedule and at
their own discretion.
CORRECTIVE REPAIR OPTIONS
An option to total sewer line replacement via full trench excavation involves spot
excavation to repair the isolated segment where the blockage is located. "Trenchless"
technology is another alternative method of installing a new liner within the existing
pipe from within the home sealing off existing cracks, gaps, etc and restoring the
structural integrity of the pipe, if deemed necessary. This method minimizes the
disturbance of surface amenities and related restoration expenses. If a blockage can't be
breached, a spot excavation can be performed. If deemed necessary, a sewer liner can
also then be installed from the point of the spot excavation. The cost for this type of
repair runs approximately $85 - $100/ft for a liner plus an estimated extra $50041,000
for the spot excavation.
LEGAL LIMITATIONS ON CITIES
The City Attorney has provided a memo addressing the City's limitations on providing
public funds for private property improvements (enclosed on pages c~ a through
-.)4
ADDITIONAL INFORMATION
The photos provided and onsite inspection of the pipe materials was made possible
through the cooperation of the property owners, Mr. & Mrs. Bliss, and their designated
representative, Mr. Gary Foster. Mr Foster has also specifically requested that his letter
of February 25 be forwarded to the City Council. It is included on pages J y &
I
PUBLIC WORKS COMMITTEE RECOMMENDATION
December 10'', 2011
Christina Scipioni
City Clerk
3830 Pilot Knob Rd.
Eagan, MN 55122
Dear Ms. Scipioni,
Please consider this correspondence a claim filed by us as homeowners at 4321 Stirrup St. in the City of Eagan.
We are seeking reimbursement for costs related to the excavation and replacement of the sewer lateral which
occurred on December 2 , 2011. I am filing this request for reimbursement because of a discovery of inferior
installation procedures and materials for our sewer line that was uncovered in the excavation process. We feel
the water and sewer work was either never inspected as required at the initial construction phase of the home in
1983-84, or was improperly overlooked by the inspector.
My father-in-law Gary Foster will be representing Lisa and myself in this matter at this stage of the process. He
has had conversations with the Public Works Director Mr. Thomas Colbert, and Assistant City Attorney
Thomas Donnelly from Mr. Dougherty's office. Both have indicated a willingness to sit down and review this
matter with Mr. Foster. We will provide statements, video, and still photos related to this claim. The pipe
removed from the trench and will be made available for inspection. Should you decide to meet with him, he can
be reached at 715-271-0342.
Some costs are known at this point and some are not. Roughly $8,400.00 has been expended thus far. Included
in this figure is: payment to two plumbers to determine the extent of the problem, a router snake purchased by
us in an attempt to clear the pipe, and excavation from foundation to city stub to replace entire lateral. Also, a
city inspector required removal of the water shut off from driveway where it should not have been in the first
place. We can and will provide receipts for these things.
Costs which are yet to be determined are as follows:
-Replacement of entire front lawn (grading, black dirt, and seeding)
-Repairing blacktop driveway measuring 6' X 13'
-Replacing 8 shrubs & two small trees
-40ft of edging
-Replacement of river rock near foundation
As my father-in-law has indicated to Mr. Colbert, Mr. Donnelly, and Mr. Order we are seeking a reasonable
resolution to. this matter and we are confident this can occur.
We would appreciate some form of confirmation that this claim has been received and filed. Beyond the phone
number above, Mr. Foster can receive documents or correspondence at the following:
garvkarenfoster cr ginail com
Gary L. Foster
2027 Rice Ct.
Eau Claire, WI. 54701
Thank You for receiving and forwarding this information to the appropriate staff.
Donald Bliss Lisa Bliss
i
December 101h, 2011
To whom it may concern:
This document should be considered authorization for Gary L. Foster to represent Donald
and Lisa Bliss in any and all matters related to a claims filed regarding sewer lateral
replacement at 4321 Stirrup St. Eagan, Mn.
Donald Bliss i Lisa Bliss
Date Time _ r aim
Cry
1
December 14"i, 2011
The following are some of the points we would like to make as claimants:
• When you have people who do this for a living saying things like, "I've never
seen this stuff before." And, "look at this." Or," this guy must have held his level
upside down when he put this stuff in", it's the kind of thing that gets your
attention. Then a city employee, "Leon" is standing over the excavation hole,
saying more than once, "I would never sign off on something like that." (If he
denies that now, he's not being truthful.) I'm not a plumber, but I could clearly
see that pipe flexed up and down radically. The plumber told me this is why the
previous plumber's cameras were going in and out of water. This condition is
called "back pitch", and it's the result of over digging during installation and then
not tamping properly. People were also telling me that there is no way a lateral
installation from 1984 should go bad this soon. Typically tree roots are a major
factor in damage and blockage; they found zero roots around this pipe. One of the
workers while excavating, picked up the pipe approx. 15 feet from the foundation
and it literally came apart in his hands. The plumbers and excavators commented
on the poor joints in the pipe several times. They tell me the flexing of this pipe
is the result of poor installation and failure to tamp the ground below and around
the pipe. Like they did (see video) when this new pipe was installed. If it was
installed properly, and the right product was used, then explain to me why other
1984 vintage lines are not going bad as well. And if they are, I want to know
which ones and who installed and inspected them.
• Leon, after the fact, stated he thought the white PVC in the center of the trench
was a repair. I found it interesting how his demeanor changed on Monday
morning when it became apparent to him that I was focusing on who signed off
on the original work. There are some problems with this theory however. The
guys in the trench stated while they were down there that they believed the white
PVC could have been the result of someone cutting corners and using "whatever
he had left" to meet the stub at the right length. If a repair occurred, shouldn't
there be a permit on file? All the neighbors have been spoken to. None of them
indicate an excavation of that magnitude took place while they have been in the
neighborhood. You can't have it both ways without some proof. We do know a
permit was purchased in 1984. There is a first name signature with no inspection
date on a form that is designed to capture an inspection date That's all we know
for sure. There has never been a permit purchased since then for that type of work
at that address. You can't say the city'inspected this, because you can't begin to
tell me when "Larry" signed this form which asks for a date of inspection. The
fact that this pipe failed during its relatively young lifetime, coupled with the fact
that experienced people believe it was installed improperly, in addition to a lack
of a definitive date of inspection or proof certain that it was even looked at all,
adds up to the city being responsible for a huge monetary loss to the occupants
who have lived here less than six months. While this recent dig is taking place,
the city "inspector" requires that the water shutoff be moved from the driveway to
the street. (adding more cost to the new owners). Further proof that someone
7
2
never looked at the original project, or turned their head to what would have made
sense even to a lay person in 1984.
• The big question is going to be, did your employee follow policy. 1 believe we
will be able to show that they did not. Why pay a city employee a salary for
signing his first name to a permit without indicating when he was on site. All we
know at this point is when the permit was purchased. Why have a "date of
inspection" area on the form if there is no requirement to fill that out. As a former
municipal employee and Police Officer, the city required us to file reports.
Probably the most important aspect to these forms were the date and time you
responded. How could a city defend your service or actions if they couldn't even
know for sure when you were there (or I would argue if you were there)?
I feel compelled to also ask:
■ Did Larry fail to fill in the dates on every permit he dealt with?
■ Did he sign some and not others? If so, why?
■ Is there any pattern to those he did or did not sign?
o These are reasonable questions given what is in front of us.
■ Was Larry ever corrected or disciplined for not following policy?
■ Is there anything in his personnel file that would show a possible
pattern of cutting corners?
o Again, I feel these are reasonable questions given the permits lack of
dates.
• I think that we can agree that if someone were inclined to cut corners as a
contractor, a very good place to do it would be under 12-15 feet of dirt, where it
becomes the home owner's responsibility when the work fails. If it is visible or
semi visible work inside the home, it would be pretty hard to hide most things
long term. This makes the inspection of the sewer lateral even that much more
important in my view.
• There is something very distasteful about a newlywed couple who having owned
this home for less than six months, are left holding the bag to the tune of
thousands of dollars on something a city employee either did or did not do after
collecting a fee for the city. The whole reason for inspections is to protect people
like Don and Lisa from people who would take advantage of someone and cut
corners. This problem was so easily hidden; it took Don and Lisa a thousand
dollars just to determine they needed to spend at least seven thousand more. Our
view on who is at fault is as follows: The city was supposed to be the entity who
received a fee to inspect the work for the protection of future owners of that
home. If the city wants to take issue with the original work now, that is between
the city and the contractors. I don't feel that these kids should expend time,
money and effort at this point pursuing the contractor's liability. If the city had
done their job as guardians of compliance on the original work we wouldn't even
be discussing this.
• I'll leave you with one last thought. There is a good reason the city stub was
found to be in good shape after it was cleared of dirt. It is because the city
followed good and reasonable plumbing practices when installing those stubs to
their citizen's properties. The reason we are here today is because those same
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standards were not met when the lateral itself was installed. That work was either
never seen or ignored.
As you know from the very beginning of this situation, I have been determined not to let
this young couple be victimized by someone else's laziness, incompetence, or
indifference. There are some "oh, well" moments in everyone's life. This is not one of
them. They were prepared to suck it up and move on until it was obvious even to them,
that the pipe in that hole was at the very least installed improperly. We have indicated a
willingness to discuss a resolution to this that is reasonable. The aggravation and
inconvenience of this situation is a factor here as well. Whatever the resolution, there
will still be a need to let the ground settle before landscaping. When it does happen, it
will take months for the plants and lawn to take hold. Continual watering will be
necessary. The driveway can't be replaced until that ground settles and weather permits.
The yard and driveway will be a soupy mess in the spring. My point is that this is not a
quick fix. This is a long term fix with the front yard never being the same again.
Feel free to contact me with any questions or concerns.
Gary L. Foster
2027 Rice Ct.
Eau Claire, Wl. 54701
715-271-0342
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LEAGUE of CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
Gary Foster January 20, 2012
2027 Rice Court
Eau Claire, WI 54701
RE: LMCIT FILE NO.: P00011274
TRUST MEMBER: City of Eagan
CLAIMANT: Donald & Lisa Bliss
D/OCCURRENCE: 12/2/2011
Dear Mr. Foster:
The League of Minnesota Cities Insurance Trust provides coverage to our trust member, the city of Eagan.
At this time I have reviewed your claim and unfortunately we do not feel the city of Eagan should be held
liable for the damages 4321 Stirrup St. in Eagan, MN.
Minnesota Court of Appeals has stated building inspections and issuance of building permits are not meant
to be guarantees to property owners that a home is in full compliance with the Minnesota State Building
Code. The courts have been clear that inadvertence or simply missing an infraction does not result in the
city being liable. In addition to this, the courts have also stated the issuance of a certificate of occupancy to
a homeowner is not a "good housekeeping seal of approval" and is a protected discretionary function for
which the city is not liable.
For a city to held liable there needs to be a special duty created and this only exists when a building
inspector steps out of the public role and begins acting more like a private contractor. In this matter, there
is no evidence that a special duty was created, therefore no negligence on the city's part.
Furthermore, this work was completed more than 28 years ago. Minnesota Statute of Limitations states;
"no action by any person in contract, tort, or otherwise to recover damages for any injury to property, real
or personal, or for bodily injury or wrongful death, arising out the defective and unsafe condition of any
improvement to real property, shall be brought against any person performing or furnishing the design,
planning, supervision, materials, or observation of construction or construction of the improvement to real
property more than ten years after the substantial completion of the construction".
We regret we cannot provide you with a more favorable resolution to your claim. If you have questions,
my direct dial is 651-215-4078.
Sincerely,
Derek Krause
Claims Adjuster c: Tom Colbert, City of Eagan
Christina Scipioni, City of Eagan
Donald & Lisa Bliss
Northern Capital Insurance Group
Matt Hanley, LMCIT
LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAx: (651) 281-1297
CLAIMS DEPARTMENT ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG
l/-/
February 13, 2012
Mayor Maguire and City Council Members
City of Eagan, MN
Eagan City Hall
3830 Pilot Knob Rd.
Eagan, MN 55122
Dear Mayor Maguire and City Council Members:
My name is Gary Foster from Eau Claire, WI. At the request of my daughter and son-in-
law, Don & Lisa Bliss, who live at 4321 Stirrup St., I have been representing them on
issues related to their sewer lateral failure which was repaired in early December 2011 I
will hopefully be speaking with you at the February 21" listening session. I'm told time
will be very limited. I understand that, and wanted to share some things in this format that
I may not get to express to you that day.
The claim submitted to the city regarding this situation has been denied. In the denial,
there is nothing that would indicate a past city employee wasn't the cause of the large
monetary loss to Don & Lisa. The denial simply gives the legal footing the city is on
related to Minnesota Statute of limitations and a form of immunity. Honestly, I get the
legal aspect of the denial. What I don't get is why the city of Eagan would want citizens
to pay out of pocket for an employee's action or inaction regardless of when it occurred.
Additionally, the fact that the problem was buried under 20 feet of dirt for all those years
makes its discovery unlikely until the failure was catastrophic. Well, that day finally
came shortly after Don, an IS analyst with a new job, and & Lisa, a HS Spanish teacher
began making their first house payments.
Do all of you remember how scary it was to buy that first house? You wondered the
whole time, can we really do this and still meet our other obligations?
Picture either yourself or your adult children purchasing a home in a city specifically
where you want to live, and hopefully raise a family. You both work hard every day, and
go to school at night. You play by the rules by paying your bills, paying your taxes, being
good neighbors and generally coloring within the lines. You have been married less than
a year when you purchase this home. The house isn't perfect. But that's okay; you know
what needs work and updating, etc. You decide to spend a modest amount of money to
make the house the way you want it. You don't have enough money to do everything. It's
okay, because you will save and do the rest as you can afford it. Then after less than six
months of occupancy the sewer lateral fails. You are told the line has to be excavated
from foundation to curb at a minimum cost of $8,400.00. You are also told that if the
problem is near the city main, the street will be excavated as well to the tune of an
additional $8,000.00. Fortunately, the street stub was okay. However, the excavation of
the lateral totally destroyed the entire front lawn, a 6' x 13' section of your driveway,
several trees, all the shrubs, all the edging & landscaping rock. Instantly, the bill goes up
to about $15,000.00. You go more than a week not being able to use the home. You
1
shower at relatives, use gas station bathrooms, eat in restaurants and still keep your work
routine. Lisa became so upset by this news, she became physically ill. She threw up in
the backyard, because she couldn't use any inside facilities.
We knew immediately that sewer lateral failures are not covered by insurance. They are
generally not covered because; typically failures are caused by one of two things:
Extreme age, or tree root damage. This lateral was 28 years old with zero roots in the
trench. If this was an age issue we would not be discussing this. If you buy a 90 year old
house and the lateral fails, you knew going in everything was old and subject to failure.
But a house built in 1984 should not experience lateral failure. Roots in this line would
have made it a non-city issue also. By the way, I'm told many 90 year laterals are still
functioning just fine.
I'm sure you're wondering how or why this claim came about. It unfolds like this:
I was at the dig to replace the lateral on December 2"d. As the excavator's and plumbers
uncovered the pipe they were using expletives in describing what they were finding.
Comments like "holy S--- look at this" and "I've never even seen this S--- before" and
"some of these joints aren't even glued" and "the guy must have had his level upside
down when he put his stuff in" and "I can't believe this passed an inspection." Certainly
all of these comments got my attention. As the dig is underway a current city inspector
"Leon" shows up and he starts looking at the situation. After looking at the pipe he says
to me at least three times, "I would never sign off on something like this." He also said he
had never seen this type of pipe used before, which was consistent with what the on site
plumber was telling me. All, plumbers, excavators and Leon, commented on the number
of unnecessary and unconventional splices in the lateral. The plumber on site stated, "It
looked like whoever had installed the line was using leftover materials from other job
sites to construct this lateral." This entire time I'm thinking to myself that someone
certainly did sign off on what we were seeing. I'm guessing that none of you council
members are plumbers. I am not one either. You did not need to be a plumber to look
into that hole and see that the entire line was a disaster; raw sewage was going directly
into the ground and had been for quite some time, long before Don and Lisa had ever
contemplated purchasing this home. NaturallYa reasonable person who was getting hit
with a $15,000.00 loss would ask the next logical questions: Who signed off on this?
Why did they sign off?
I have had to share things with your staff that they should have been able to share with
me. I learned that the home was built between December 1983 and March Is` 1984. In
November 1983 the permits were purchased. That winter was one of the coldest winters
ever recorded. The temperature remained below zero for several consecutive months.
Christmas Eve was a whopping 40 degrees below zero. The first owner of the house
expressed concern to the builder about excavation during that time. He was told not to
worry. I have talked to two people who excavate for a living. They indicate under these
conditions there could easily be 6-7feet of frost. When they do dig in these conditions,
it's essential that the top layer of frozen ground, removed during the dig, is piled
separately from the soft ground from below the frost line. They explained that throwing
2
16
frozen ground underneath the pipe is likely what caused the dramatic up and down flex of
the pipe in that hole. They further explained that under those conditions, sand should
have been hauled in to put under the pipe to keep it from settling after the thaw. What's
really troubling about all of this is that I don't do this for a living, but I somehow learned
what should have happened. Someone ~I cone who inspects for a liviii1
g should have known what
needed to be done. Again, that person either saw what was going on and ignored it, or
didn't see it at all. I'm inclined to believe he couldn't challenge what was put in that hole
or how it was put in that hole if he never looked in that hole. Why would the initial
plumbing contractor risk using substandard and unconventional methods and materials in
that trench if they knew it was going to be inspected? I submit to you, that they knew it
was not going to be inspected. It also points directly to no date being placed on the
inspection permit for just this particular property.
The plot thickens when on Monday I begin by calling Leon, the city inspector who was
on site for the dig on the previous Friday. I inquire about permits for the original
construction. Suddenly, "Leon" is a reluctant conversationalist and says he has other
things he needs to do. He side-stepped acknowledging that he had made the statement, "I
would never sign off on anything like this." (I was told recently by the adjuster that he
has since acknowledged that he did indeed make that statement to me.)
I submitted a data request to the city and received a copy of sewer and water
permits issued to all (26) properties for the entire length of Stirrup St. The only
permit not dated on Stirrup St. was Don & Lisa's. Look at that permit which is
attached. "Larry's" signature is written diagonally across the "date" area. It's the
only permit out of (26) where this occurred. If there was intent to put a date on that
form "ever", why would you write across this area? All other signatures are
horizontal on the appropriate line with the date on the appropriate line.
Is it just a coincidence that the one pipe in the neighborhood which goes bad in an
unreasonable amount of time, with shoddy workmanship and materials, happens to
be the only one without an inspection date? I think not.
The city can't defend "Larry" either way because one of two things had to have
hap ep ned;
1. He either inspected and let things slide that professionals and members of your
own staff indicated they would not sign off on(not likely) or,
2. He never inspected anything, and simply signed his first name.
It is conclusive that no date went on that form. What date would he put down if he wasn't
there for the dig? He certainly would be better off not putting a date down than making
one up. It would be tough to explain why a date on the form did not match the actual dig
date if asked about it later.
As I indicated to Mr. Hedges in discussing this, there is just something fundamentally
wrong with these kids picking up the tab for something caused by the negligence of a city
employee, past or present.
3
/7
I would ask each council member the following questions:
• When a city charges a fee (in this case over $900.00 in 1983) do most if not all
citizens expect that an inspection will occur?
• If an inspection does occur, should the city sign off on substandard materials or
work?
• What good is an inspection process designed by a municipality if it is not
followed?
• If the inspections process is not followed by staff, should citizens absorb their
failure to follow the process?
The city can certainly hide behind the statute of limitations, which basically allows you to
ignore the moral implications of what this is doing to a young couple, who are citizen
taxpayers, who chose the city of Eagan as a place to raise a family. The denial letter made
reference to a certificate of occupancy not being a "Good Housekeeping Seal of
Approval." Maybe not, but I'll bet you my next six paychecks that any citizen you ask
will tell you that they pay a fee and expect something for that fee. What they expect is
someone employed by the city being the guardian of compliance on all sorts of
specifications and codes. If it doesn't matter, why have inspections. at all?
This isn't a young couple trying to make a big insurance score. This is a deal where
citizens are asking the city to stand behind them as taxpayers, who through no fault of
their own got stuck with a $15,000.00 bill which was buried under 20 feet of dirt for 28
years. Had that employee done their job when this home was constructed, we wouldn't
even be discussing this.
I am astounded that the city would want a citizen saddled with an expense caused by one
of their own, regardless of the circumstance or time frame. An offer of sharing the cost
was never even proffered. Does the city of Eagan really want Don and Lisa to tell
friends, relatives, co-workers, neighbors and strangers the details of being forced to pay
for the mistake of an Eagan city employee? People who hear what happened will
certainly put themselves in their situation and imagine themselves being ground swatted
for thousands of dollars through no fault of their own. The question, "What happened to
your front yard?" will be asked for quite some time. There is no money to put it back to
the way it was. This will lead to an explanation of what happened and how it was
handled.
You can tell by now and probably before you received this document that I'm no wall
flower. What you don't know is that I'm a realist who knows very well life is not fair.
When the denial was received I did not like it but accepted it. I knew at that point the kids
would not likely recover a dime, in spite of everything described above. I frankly don't
expect you as a council to change direction on this either. I'm not coming to the session
to take another kick at the can in hopes you will do what is right. From the beginning, I
have sensed a culture of circling the wagons, rather than what is in the best interest of the
citizen. If I'm wrong about this, tell me why I'm wrong. Playing defense when citizens
have a legitimate issue doesn't give a warm and fuzzy feeling to those who are taxpayers.
When I sat down with the adjuster, City Clerk and Public Works Director on Don and
4
I
Lisa's behalf, prior to the denial there was no asking of questions which would cause one
to believe they were interested in learning what happened and why. It was more of a "tell
us what you know" session with a closure of, "you should know we are looking at the
statute of limitations." I knew right then that these kids were going to pay for "Larry's"
$15,000.00 maneuver.
We always hear people say they want to teach their children to accept responsibility for
things when it is warranted. That always sounds good until human beings are faced with
actual situations. This is one of those situations.
If you can look me in the eye and tell me that you would not be furious and frustrated in
how this has played out if this were you or your children, then I'll be all ears on February
21 s`.
I won't have too much more to say at the listening session. But I will be curious to see
how Council members, who are themselves citizens of Eagan, who are elected to look out
for other citizens, respond to our concerns. If you were able to put yourself or your kids
in Don & Lisa's shoes, do you really believe the outcome here was just?
Gary Foster
2027 Rice Ct.
Eau Claire, WI 54701
715-832-7685
garykarenfoster(a email. com
cc: Deborah O'Connor, Saint Paul Pioneer Press Watchdog Reporter
5
f
February 25, 2012
Thomas Colbert
Director of Public Works
3830 Pilot Knob Road
Eagan, MN 55122
Re: Sewer Service Failure, 4321 Stirrup St.
Dear Mr. Colbert,
I am in receipt of your February 23'd letter. You will receive a separate email which
should allow you to view the photos and videos which were previously provided. to you
on January 51h
I am sure you were not happy with my presentation to the City Council. Your
department's competency and creditability were called into question. I told the truth and
will continue to do so. If your letter was designed to make me appear uncooperative,
shame on you, again. For you to write a letter, in a way that suggests that you have been
trying to get to the bottom of our concerns, but that I have stood in your way, is
laughable.
You did request to see photos, videos and pipe in your December 12`h email. A meeting
was eventually scheduled for January 5`h, 2012. As you recall I brought a DVD and a
flash
drive which contained both
photos and videos of the dig. I told you that the IT
fellow at my workplace transferred the photos and videos of the dig to the DVD which I
gave to you. My wife, Karen, had the IT person at her work put the same information on
a flash drive which was also given to you. She was able to bring up both the photos and
videos on our home computer before I brought them to you.
Mid-meeting, January 51h, you and Ms Scipioni tried without success to bring up the
videos, but you were able to bring up some of the photos. I told you at the meeting that I
was not computer savvy beyond the basics and could not help you.
Regarding the pipe; every last inch of it has been at the Stirrup Street address since the
day of the dig. Did you want me to drive from Eau Claire and transport the entire sewage
caked pipe. to your desk? Perhaps it would make more sense. to go look at it on Stirrup
Street. You and the adjuster could have done this fifty times by now. It is still there
waiting to be looked at.
As I indicated in the Council document, it was very apparent to me at that January 5`h
meeting that the claim was going to be denied. Mr. Krause talked Statute of Limitations
and you stated, "We can show it was inspected, there is a signature." Sure enough the
denial came. At this point what incentive would one have to assist the City of Eagan in
their pursuit of understanding why the lateral failed? I wasn't even told that there was an
appeal process to the City Council. I had to learn that on my own too!
1
Regarding McGuire Mechanical; look at the December 14, 2011 document which I sent
to you. On the second page, third bullet, 10`x' line down, I explain why we felt the City of
Eagan was supposed to be the buffer between the contractor and the homeowner. The
City signed off on McGuire Mechanical's work without dating the pen-nit. What do you
suppose McGuire Mechanical's position would be if contacted? How about, "We paid
for a permit---the city signed off---go away!" I am not an investigator for your city. If
you want them contacted I suggest you spend some time and effort and do it with paid
employees.
If you were me, wouldn't you find it a little bit odd, that when I called you on February
16`h to basically find out why you had not shared the I & I information with me, that you
would solicit my assistance in determining why Don and Lisa's lateral failed. Wouldn't
this be more appropriate prior to a denial? Then I asked why, post denial, all of the
Stirrup Street laterals were being videoed. You indicated that in 2010 video of the lines
was suspended, but because of Don and Lisa's situation you wanted to make sure there
were no patterns with bad laterals and contractors etc. in the Stirrup Street area. Again,
here is a guy who on one hand dismisses my suggestions pre-denial, and is now following
up on them with vigor post-denial.
I feel like I have spent a great deal of time having to point out what you or your staff
should have done in this matter. I would have preferred that you would have recognized
early on, that this was something that could have been handled in a more forthright and
citizen friendly manner. Each time I have felt a little progress has been made, I'm
rewarded with non-sharing, accusations of noncooperation and being threatening. I left
the council listening session optimistic that perhaps some people finally understood our
position and frustration. I had a pleasant phone conversation with Mr. Hedges on Friday
afternoon, February 24th. I found your letter in the mailbox a couple hours later. I am
very puzzled about what to think.
At any rate, you are welcome to contact Don and view the pipe on Stirrup Street. We
will however, retain possession of all pipe materials until this matter is resolved. Don
can be reached at: 952-693-6247.
Gary Foster
2027 Rice Ct.
Eau Claire, WI 54701
715-832-7685
garykarenfoster@wnail.com
Cc: Thomas L. Hedges, City Administrator
Christina M. Scipioni, City Clerk
Mayor Mike Maguire
Eagan City Council Members
Deb O'Connor, St. Paul Pioneer Press Watchdog
2
l
Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147cn street
DOUGHERTYMOLENDA Suite 600
' Attorneys Advisors Apple Valley, MN 55124
I (952) 432-3136 Phone
(952) 432-3780 Fax
www.dmshb.com
MEMORANDUM
To: Eagan City Council
From: City Attorney's Office
Date: 03/05/2012
Re: Repair Private Sewer Service Line - 4321 Stirrup St
SUMMARY:
While the circumstance is unfortunate, the City has no legal obligation to reimburse Donald and
Lisa Bliss for the costs they incurred to repair their private sewer service line. Furthermore, the
City is prohibited from providing public money for a private purpose, and reimbursement under
these circumstances may constitute expenditure for a private purpose.
BACKGROUND:
The City of Eagan's Public Works Department requested an opinion memorandum addressing
the legal limitations placed on the City to provide public money for private property
improvements. The request arose in light of the City's receipt of a formal claim from Donald
and Lisa Bliss for costs incurred to repair a private sanitary sewer service line at 4321 Stirrup
Street. The formal claim alleged that the private sanitary sewer service line was either (1)
inspected by the City and should not have been approved, or (2) never inspected by the City.
The formal claim estimated incurred repair costs of approximately $8,400.00 and future repair
costs of approximately $7,000.00 (for damages to driveway, lawn and landscaping due to
excavation for total replacement). The claim was denied by the City's insurance carrier, the
League of Minnesota Cities Insurance Trust.
The City has investigated the situation, which has heeded the following pertinent information:
• A sewer service permit, dated November 16, 1983, was pulled for the property by
McGuire Mechanical Services Inc. and subcontracted to Larson Sewer and Water for
installation;
• The sewer service permit was signed off (undated) by "Larry", a City utility inspector;
• A less intrusive method of repair exists that does not entail trench excavation and total
replacement; and,
• City staff review of the salvaged sewer pipe material indicated that the pipe met the
standards contained in the State Plumbing Code at the time of installation.
~ Z
March 6, 2012
Page 2 of 3
LEGAL ANALYSIS:
Cities are prohibited fiom expending public money for a private purpose.' Thus, a city cannot
use public money to "perform the legal duty of private parties."'` Property owners are
responsible for maintaining and repairing the private sewer line that serves their property.3 Since
replacement of the private sewer service line is the property owners' responsibility,
reimbursement of their costs may be considered expending public money for a private purpose,
unless the city has a legal obligation to pay.
In this case, the City has no obligation to pay for the repairs because the City is not legally liable
for the damage. There is no liability on the City's part for, at minimum, two reasons: (1) the
claim is denied by the applicable statute of limitations/repose, and (2) there is no special duty
owed to the property owners (known as the public-duty doctrine).
Statute of Limitations/Repose
As noted by the City's insurance carrier, the property owners' claim is barred by the statute of
limitations/repose. The applicable statute of limitations/repose is set forth in Minnesota Statutes
Section 541.051, which states, in relevant part, as follows:
Except where fraud is involved, no action by any person in contract, tort, or
otherwise to recover damages for any injury to property, real or personal, .
arising out of the defective and unsafe condition of an improvement to real
property, shall be brought against any person perfonning or furnishing the design,
planning, supervision, materials, or observation of construction or construction of
the improvement to real property or against the owner of the real property more
than two years after discovery of the injury, nor in any event shall such a cause of
action accrue more than ten years after substantial completion of the construction.
Date of substantial completion shall be determined by the date when construction
is sufficiently completed so that the owner or the owner's representative can
occupy or use the improvement for the intended purpose.4
This provision applies because the formal claim is based on the allegedly defective condition of
the private sewer service line.
The legislature has declared a strict deadline of 12 years from the date of substantial completion
of the construction to bring a cause of action like the one set forth in the formal claim.' The
certificate of occupancy issuance date may be evidence of the substantial completion date.6 As
the construction of this property, including the installation of the private sewer service line,
occurred between 1983-84, more than 12 years have passed, and any cause of action is barred.
Public-Duty Doctrine
Dougherty, Molenda, Solfest, Hills & SauerP.A.
www.dmshb.com DOUGHERTY MOLENDA
3 Q ® ' ' e Attorneys Advisors
~
City Council Meeting Minutes
April 17, 2012
5 page
17. The developer shall extend sanitary sewer and water main to the south edge of the development, at an
adequate depth to serve the property to the south (4135 South Robert Trail) in accordance with City
engineering standards.
18. This developer shall meet all conditions of plat approval and permit approval as required by MnDOT,
including constructing a right-turn lane for south bound Highway 3.
14. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of sixty-four (64)
Category A trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation
requirements.
20. The Developer shall install tree mitigation trees within the temporary easement and in proximity to the
conservation easement area as approved by the City. All tree plantings in these areas shall be field verified by
City Forestry staff before installation.
21. The developer shall be responsible for replacement of dead or dying material for the first year.
22. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the
placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate
safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/woodlands to be preserved on-site.
23. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least
five days prior to the issuance of the Grading Permit to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
24. Park Dedication shall be met through the creation of a Conservation Easement over the undeveloped portion
in the northwest quadrant of the site. The developer and City shall agree on the easement area, the developer
shall prepare the legal description of the area and the City Attorney shall prepare the easement document.
25. Trail dedication shall be met via a cash dedication.
26. The City shall grant a temporary access/grading easement to the developer over a mutually agreed upon
portion of Captain Dodd Park. The developer and the City shall agree upon parameters for the use of the
easement and restoration.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Final Plat creating one six
acre lot located west of Highway 3 and north of Diffley Road. Aye: 5 Nay: 0
SEWER SERVICE CLAIM, 4321 STIRRUP ST.
City Administrator Hedges introduced the item, reviewing the recommendation of the Public Works Committee.
Public Works Director Colbert gave a staff report. Councilmember Bakken commented on the discussion of the
Public Works Committee.
The City Council discussed the claim.
Gary Foster, representing the homeowners, addressed the City Council.
Donald Bliss, 4321 Stirrup Street, addressed the City Council.
The City Council further discussed the claim and staff responded to the homeowner's question. The City Attorney
read the League of Minnesota Cities Insurance Trust's findings against the claim.
Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the report of the Public Works
Committee and to direct that an offer be made to the claimants of $4,117.00, as part of the City's I&I program, the
offer to be prepared and finalized by the City Attorney's office to include a release of all claims against the City.
Aye: 5 Nay:0
NEW BUSINESS
There were no items for discussion.
LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.