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1b Sewer Backup 695 Pleasant VwCITYOF CHANHASSEN G0, Ce, tcrDrive, PO Box' 147 !~a,hasse,, Mi,,esota 5531 ? Pho,e 612.937,1900 fie,era/?ax 612,93Z5739 ~i~eeE,g Fax 612 93Z 9152 b&' S,~O, Fax 612.934.2524 3b t~.~,w, ti. cha,hasse,, m,. ,s MEMORANDUM TO: Teresa J. Burgess, Public Works Director/City Engineer FROM: Dave Hempel, Assistant City Engineer_~}/~' DATE: August 1, 2000 SUB J: Consider Request for Damages Due To Sewer Backup - Mr. Tom Meier, 695 Pleasant View Road - File No. PW05 lA The city has received a claim from Mr. and Mrs. Tom Meier due to sewer backing up into the home as a result of the home not being connected to city sewer. The Meiers actually filed with conciliation court to consider this matter. After review of this matter by Mr. Tom Scott from the City Attorney's office and negotiations with Mr. Meier, Mr. Scott has recommended that the City offer $5,300 for full settlement of any and all claims against the city relating to the above matter. The initial claim was for $7,500. Past history of the property reveals that there have been a number of contacts with the city regarding this property since 1994. Mr. and Mrs. Meier purchased the home in 1997 at which time they assumed they were on city sewer since the city was billing them for city sewer and water. I have attached in chronological order a history of the events that transpired over the past 16 years. It is therefore recommended that the City Council approve the City Attorney's settlement offer of $5,300 to resolve this claim. Attachments: 2. 3. 4. Letter from Mr. Tom Meier dated April, 2000. Memo from Dave Hempel dated July 21, 2000. Letter from Mr. Tom Scott dated July 24, 2000. Letter from Mr. Tom Meier dated July 24, 2000. c: Mr. Tom Scott, City Attorney g:\en g\dave\cch-neier memo.doc e City ofiChanhassen. A growi,~ communia, with clea, lakes, aualit¥ schools, a chamd,e dou,,tou,,, thrivin~ busi,esses, a,d beauti~d parks. A ereat place to live, work, a,d play. 08/01/00 14:40 FAX 651 452 5550 CAMPBELL KNUTSON ~ CHANHASSEN CH ~]002/003 MEMORANDUM. CITYOF CHANHASSEN 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering tax 612.937.9152 Public Safe~, tax 612934.2524 Web www. ci. chanhassen, mn. us TO: FROM: DATE: SUB J: Tom Scott, City Attorney David Hempel, Assistant City Engineer ~ July 21, 2000 Claim Request for Damages Due to Sexver Backup Tom Meier, 695 Pleasant View Road PW051A Attached are copies from the City's building permit file for 695 Pleasant View Road. in addition, there are sewer and water billing records from 1990 to April 7, 2000. I have placed in chronological order the sequence of events relating to sanitary sewer and water connection and utility billing records. A summary of the events are as follows and are based on related correspondence from the building permit file: 1. December 6, 1984 - Plumbing permit no. 464 ~vas issued to connect to city water but not sanitary sewer. 2. December 10, 1984 - A water service connection xvas made and inspected and approved by the City of Chanhassen for 696 Pleasant View Road. 3. The private well on the property was abandoned. (See copy of abandonment records.) Action Tab memo dated 9/14 - No record of the year was recorded. "Larry" refers to Larry Brown, Assistant City Engineer, who resigned with the City in the spring of 1989. Memo refers to a question from building inspector "Ron" to Assistant City Engineer Larry Brown on why there is no sewer available and if it's OK to sell the house with a septic system. 5. City Council minutes dated September 25, 1989 which were faxed to Mr. Meier by Bill Bement on 4/4/00. 6. Copy of sewer permit #3265 and inspection card. SUMMARY Back in December of 1984, Mike and Kathy Clark applied for and received a plumbing permit to install a water service but not sewer. On December 10, 1984 the water service connection was made and inspected and Tom Scott, City Attorney July 21, 2000 Page 2 system continued to be used. As an incentive to hook up to city sewer the city charged the Clarks a monthly sewer fee based on water consumption. In December of 1989, due to sewer billings the Clark's had been receiving for not connecting to sanitary sewer, the City Council considered Mr. Clark's request to waive the past deferred sewer billings against the property. The City Council approved a motion to waive the fees if Mr. Clark would commence construction by October 1989 to connect to city sewer. Since Mr. Clark did not connect to city sewer, the property continued to receive sewer statements based on the water usage. In 1997 when Mr. Meier purchased the home, the sellers, according to Mr. Meier, disclosed to the Meiers that the property was on a septic system but was not sure of its location. The Meiers also discovered they were paying sewer charges but not aware of what these charges were for. The Meier's allegedly contacted the City to find out why they were paying sewer charges when the property was on a septic system. The City has no record of this contact. Attachment: Building Department Records and Server & Water Past Billings Scott A. Botcher, City Manager Teresa Burgess, Director of Public Works/City Engineer Bill Bement, Engineering Teclmician IV Steve Torell, Building Official g:',,eng\dave\memos\meier claim.doc Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik CAMPBELL KNUTSON Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 July 24, 2000 VIA FACSIMILE Andrea McDowell Poehter Matthew K. Brokl* John F. Kelly Matthew J. Foil Marguerite M. McCarron Gina M. Brandt *Also licemed in Wisconsin Mr. Thomas A. Meier 695 Pleasant View Road Chanhassen, Minnesota 55317 Re: Meier v. City of Chanhassen Conciliation Court File No. S200337 Dear Mr. Meier: CITy OF CHANHASSEN EI~IGINEERi~G DE, pT, We are the attorneys for the City of Chanhassen. This letter will confirm that we have agreed to pay you, subject to City Council approval, the amount of $5,300.00 in full settlement of any and all claims against the City relating to the above-entitled matter. Best regards, Campbell Knutson Professional Association TMS:cjh cc: Mr. Dave Hempel Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve ° Eagan, MN 55121 Thomas A. & Judy R. Meier 695 Pleasant View Road Chanhassen, Minnesota 55317 July 24, 2000 Thomas M Scott Campbell Knutson Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Meier vs. City of Chanhassen Conciliation Court File No. S200337 Dear Mr. Scott, This letter is to confim~ my acceptance of your offer, subject to City Council approval, in the amount of $5300.00. The hearing has been re-scheduled in Conciliation Court on Monday, August 21 at 1:30 p. Carver County, if I do not receive payment. Thank you, Tom Meier 612-974-9715 cc Mr. Dave Hemple CITY OF CHANHASSEN JUL 000 ENGINEERING DEPT.