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REQUEST FOR SERVICE-080609
,.------ Reference No, 601-09-0509 Request For Service Report f ) .7 ( , City of Fridley P 1 -----"' Service Requested turn water main off Date 8/6/09 Time 11:45 AM Department Public Works Division Water Location of Service need 841 Overton Drive NE Owner or Agent of Property Tony Poetz Phone: (H) Is>) Name of Citizen Bill Coppin - onetractor Phone: (H) 612-608-9974 OM Address Details of Request Homeowner is having the standpipe repaired & the contractor needs the , water main shut off. He says it should take about 1 to 1-1/2 hours to repair. Please do the inspection once the repair is complete. f Appointment set for Friday, Augustr 7, 2009 @I:30 .A14., Permit #2009-01115 '.4,1i- ckd"ft ** Bill homeowner for shut off ** '----------:--------- Request Taken By: Jeana Department Person responsible for request Title Action taken (include date &communication with citizen) /6/-4/ek-f 4,-4.-- ,,,ile ,A et ( .?-'/i/' //Oil ( ,04 icet-kr"- i'Ar'', / 54"( - O IIP I Ai://4 t .efeve" ( Z.7e00( (c-'6 lje, )e jj5 / , cr/e/e--- sco -- jcy,,t /( c9,-) yi; , to /sip,4,-se. /7---a," i - 4)Ae. 4:,.;--, e..9,7 5(r- eel Silfec" 2; ,c7A-, i('' c5/0/, Date Cleared 7 7 c-LC Citizen notifie `trJ... No ,....., Signature of person clearing request ,:.•....7"7„,............-.-- (41-;:..4--e-e-..._›- - c ,----."' ?�= /Rajkovvski Hansmeier Ltd. � �_ Cts ,- . r 11 Seventh Avenue North ATTORNEYS AT LAW P.O.Box t433 i St.Cloud,MN 56302-1433 April 17,, 2007 i�-1 a 1 V ii:-‘1 l'J A` 3 CF)i ;1 I r)i4t1IG41 _ V\ILk. iL �t ,/ j:,' CA, 1Nj( 320-251-1055 r Toll Free B00-445-9617 Jon Haukaas City of Fridley �l t a;� �' 't,) ,2. Fax320-251-5896 Fridley Municipal Center P 0. -i, : % r 6431 University Avenue NEJr02 ? ��i CL ti Fridley,MN 55432 - rajhanOrajhan.com www.rajhan.com Re: Tony Poetz, 841 Overton Street Dear Mr. Haukaas: Thank you for your letter of April 6, 2007. You stated in your letter that"it is not obvious that there is a direct relationship between your client's water service leak and any prior work in this area." You asked that I respond, explaining why we believe otherwise. It is my understanding that in the Spring of 2006, the City of Fridley sent a reminder Frank J.Rajkowski letter to residents, informing them of an upcoming curb and gutter restoration project. Gordon H.Hansmeier The letter also stated that digging would take place in residential yards near residential sewer lines. According to the correspondence, in order to avoid future sewer backups and Thomas G.Jovanovich• since the digging would be occurring anyway, construction workers would change sewer Paul A.Rakowski. pipes exhibiting root/debris blockage. Fridley water department employees met my Kevin F.Gray client, Tony, at his home, inserted a camera into the sewer line and told him that he and his wife qualified for a new sewer line. William J.Cashman Richard W.Sobalvarro The excavation began in my clients' yard in the Summer of 2006 and the city's hired Le/>hne D.Miller contractor changed the sewer line. Immediately after doing this, a representative from the contractor knocked on my clients' door and said "This water line needs changing too. Peter J.Fuchsteiner Since we're down there, we'll change it too." The foreman already had a section of the Susan M.Dege water line in his hand. The crew then replaced a section(approximately 15 feet)of water line between the house and the city's shut-off valve. They turned the water back on and Sarah L.Smith-Larkin' re-filled the 40' x 30' x 9' hole in my clients' front yard with dirt. Troy A.Poetz On March l;2007 the city had a water break on the street directly in front of the property. Gregory J.Haupert This leak was unrelated to the Poetz yard as it occurred (apparently) at the city's main Jason T.8retto line. However, on Monday March 19, 2007 at approximately 3:00 pm, a city employee posted a hand-written note (which I now have)on my clients' front door. The note, Matthew W.Moehrie written by the Fridley water department, states: "While cleaning the yards around the Melissia R.Christianson water break on your street, we noticed a sink hole in your yard and water coming out of Kristi D.Stanislawski Frank J.Rajkowski and Jason T 8retta are admitted ro practice in North Dakota,Gordon H.Hansmeier in North Dakota,South Dakota and Wisconsin, Paul A.Rajkowski and Sarah L.Smith-Larkin in Wisconsin,William J.Cashman in South Dakota,and Richard W Sobatvarro in North Dakota and South Dakota. •Member of American Board of Trial Advocates.*Qualified ADR Neutral. April 17, 2007 Page 2 the grass by your standpipe." They proceeded to shut the water off, talk with my clients' neighbor (who agreed to let them run a hose from his exterior faucet),then wrote that Tony needed to "contact a plumber to dig in the yard and fix it." Per the note, Tony called Fridley's water department and spoke to `Pete'. He explained that it was Tony's responsibility to call a plumber and get it fixed. He gave him phone numbers of local plumbers. Tony then called Olson Plumbing and asked them to provide him with an estimate. As he was speaking to Olson Plumbing on the phone, two engineers from the City of Fridley arrived to inspect the area around the leak. They pointed out the sinkhole in the yard located between the city's valve and the street. They took pictures and asked him to leave his name, address and phone number on"Lane's" (city engineer) voice mail. He did this. The engineers then explained that their contractor(Park Construction)had replaced a section of water line in the summer of 2006 and the leak was coming from that area. They took pictures and left. On March 20, 2007, Kory, a supervisor for Fridley's water department, called Tony and said he had spoken to the plumber and had received an estimate($1,800). At this point, Tony hadn't yet received an estimate from his plumber. K.ory cited the city's code that states 'any repairs required, between the residence and the city valve, are the onus of the homeowner.' In this case, however, the city of Fridley was willing to pay for half of the cost($900). Kory stated that he had met with other city employees that morning and that he had "gone to bat" for my clients and that the city would pay a portion of the cost. He reminded Tony that the city ordinance states that any repairs between the valve and the residence are the responsibility of the resident. Tony said "we'll see what they plumber finds." He gave Tony his phone number and asked him to call him with the results. Later that day, Olson Plumbing called and gave their estimate($1,800) and said the city had told him they were willing to pay half($900). He said they could do the work on Thursday(March 22, 2007). On March 22, 2007, Olson Plumbing arrived at the house, and began digging at the site of the leak. Tony arrived home just before the plumbers reached the leak point. They showed that the water was coming from the point where the recently installed water line(Park Construction's action) connected from the residence to the city's water valve. The plumbers removed the line and showed Mr. Poetz that it was in fact new (recently replaced) and where the coupling was damaged allowing the leak. Tony still has possession of the damaged coupling along with 4' of water line. The plumbers replaced the line and attached a new coupling, connecting the line to the city's valve. The water was turned on by a Fridley water department employee (Jason). The plumbers said they would replace the city's valve while they were there. Near the end of March, I had a long conversation with Kory Jorgensen, the City of Fridley's water superintendent. Mr. Jorgensen echoed your belief that the break"could have been" unrelated to the Park Construction work (though he agreed that it would be quite coincidental). I believe, as does my client, that it is more than coincidental. Mr. Jorgensen explained that this was not the only issue that the city has dealt with in relation to Park Construction's work. I believe you are very aware of April 17,2007 Page 3 this, as is Kory. I have dealt with a great deal of litigation involving municipalities and it is a rare occasion when a city agrees to pay for half of repairs without any prompting whatsoever. In this case, this particular water break is directly related to the work done by a contractor that the city hired to do this work and my clients should not have to pay for a mistake that the city's contractor caused. Even the plumber,who the city recommended, agreed that the leak was a result of the recent work done by Park. I appreciate your recommendation that my client pay the plumber and that he then proceed through what you consider to be the "proper channels." Alas,he will be making no such payment. I would instead suggest that the city fulfill its obligation by paying the plumbing bill in full. Alternatively, if Mr. Olson proceeds against my client personally, I will certainly join the City in on a third party basis, after which my clients will seek recompense for costs and attorneys fees. Sincerely, RAJKOWSKI HANSMEIER LTD. By Troy A. Poetz TAP/jrk cc: Tony Poetz CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432• (612)571-3450• FAX (612)571-1287 April 6, 2007 PW07-020 Mr. Troy A. Poetz Rajkowski, Hansmeier Ltd. Attorneys 11 Seventh Ave N P. O. Box 1433 St. Cloud, MN 56302 Re: Tony Poetz, 841 Overton Street Dear Mr. Poetz: Please provide your written justification as to why your client is refusing to pay a contractor he hired and now expects the City of Fridley to cover those costs. The water system in that area is over 40 years old. It is not unusual for this type of leak to occur. Therefore it is not obvious that there is a direct relationship between your client's water service leak and any prior work in this area. Sinceou disagree, please y gr , provide us with your basis and proof for such conclusions. I would recommend your client fulfills his agreed upon obligation to the contractor he hired for this work. If you then want to take up this issue with City of Fridley, we can provide you the proper channels to proceed with your request. Sincerely, Jon H Haukaas P,E. Director of Public Works SU5JECT .11 City of Fridley AT TIC TOP Of TMt TWlN! WAT.ERI N BREAK '�.,y..,�..�.... tM't'[ll-pE►ARTMfNY REQNEST t eu uC woe KS Osvl$ION NO. CiTY NA1,1, At MAY 53132 !it-D*O'!45O FFV. ATL PAfiC Cf APARCVED SY DATE OF BREAK 3 ..V `-o-1 . TIME . IV's a A.M. P.M. LOCATION OF BREAK REPORTED BY VeTe DAMAGE TO PAVING arid/or PRIVATE PROPERTY --.??WPFTE".: REPAIRS MADE (Materials, Labor, Equipment) Cc- --� CS L-react j 00 3l d 5° ie ©F REPAIR DIFFICULTIES (if arty) Flt aJ to 4ik T6 6 (rte - INSTALLING CONTRACTOR 4O1•3 �Lu t ' )G TYPE OF MAIN CA -.a SIZE Y JOINT COVER: ft. in. THICKNESS AT POINT OF FAILURE in. NATURE OF BREAK: CIRCUMFERENTIAL ❑ LONGITUDINAL BOTH ❑ BLOWOUT 0 JOINT SPLIT AT CORPORATION ❑ SLEEVE ❑ MISC D APPARENT CAUSE OF BREAK: DEFECTIVE PIPE ❑ CORROSION ❑ DETERIORATION ❑ MISCELLANEOUS (Describe) Q IMPROPER BEDDING ❑ STREET SURFACE: PAVED UNPAVED ❑ TRAFFIC: HEAVY 0 MEDIUM ❑ LIGH; l TYPE OF ELECTROLYSIS INDICATED: YES ❑ NO ❑ CORROSION: OUTSIDE ❑ INSIDE ❑ CONDITIONS FOUND: ROCKS ❑ VOIDS ❑ PROXIMITY TO OTHER UTILITIES DE TH OF FROST in. DEPTH OF SNOW in. ESTIMATED WATER LOS rI .Xr4 (hours) TOTAL WATER LOST Gal. INITIAL INSTALLATION DATA: TRENCH PREPARATION: NATIVE MATERIAL ® SAND BEDDING 0 (describe type) GRAVEL BEDDING ❑ BACKFILL: NATIVE MATERIAL ® DESCRIBE BANK RUN SAND & GRAVEL 0 GRAVELSANTi ❑ CIdiSHED ROCK ❑ OTHER SETTLEMENT: NATURAL ❑ WATER ❑ COMPACTORS ❑ VIBRATORS ❑ OTHER /� /0-7 ©, (describe) REMARKS ucr r I 6t r 140•ie Tony/5hcy (a (c3. —5-01— pa°9 I - SUOJEOT 'rp City of Fridley . AT THE TOP OF THE TWtMi WATERMAIN BREAK REPORT itII ti 7 .............` INTER-OEPARTMENT RcauEST No. ` i : MAUD WORKS DIVISION I �� f CITT MALL PIEDLET 5532 PPROVED EY��V" Q Ea-580-3450 wwee -NEV. DATE 'PAGE of DATE OF BREAK 3 . ,° 7 TIME Cl.-30 A.M. _ .'.M. pry LOCATION OF BREAK GeV / ( 1 '- o ,c REPORTED BY Pte- C —... DAMAGE TO PAVING and/or PRIVATE PROPERTY 13(ac F -1-442 olty REPAIRS MADE (Materials, Labor, Equipment) q ` oppC'-/` I REPAIR DIFFICULTIES (if any) - — INSTALLING CONTRACTOR 0 TYPE OF MAIN C�-�f +"on ( ' – SIZE // IT JOINT COVER: ft. O in. THICKNESS AT POINT OF FAILURE in. NATURE OF BREAK: CIRCUMFERENTIAL ❑ LONGITUDINAL BOTH ❑ BLOWOUT ❑ JOINT ❑ SPLIT AT CORPORATION ❑ SLEEVE ❑ MISC Ea-- APPARENT CAUSE OF BREAK: DEFECTIVE PIPE ❑ CORROSION ❑ DETERIORATION 0 MISCELLANEOUS (Describe) Q IMPROPER BEDDING ❑ STREET SURFACE: PAVED [NPAVED ❑ TRAFFIC: HEAVY ❑ MEDIUM ❑ LIGHT, TYPE OF SOIL ELECTROLYSIS INDICATED: YES Q NO n. CORROSION: OUTSIDE IQ ❑ INSIDE CONDITIONS FOUND: ROCKS ❑ VOIDS ❑ PROXIMITY TO OTHER UTILITIES DEPTH OF FROST in. DEPTH OF SNOW SO in. ESTIMATED s rrsATED wAxER Lass hours . ( TOTAL L WATER LOST `.71(,-,) Gal. INITIAL INSTALLATION DATA: TRENCH PREPARATION. NATIVE MATERIAL (describe type) SAND BEDDING 0 GRAVEL BEDDING. BACKFILL: NATIVE MATERIALDESCRIBE .BAI NK RUN SAND & GRAVEL GRAVEL ❑ SANT! i SHED ROCK ❑ OTHER f SETTLEMENT: NATURAL ❑ WATER ❑ COMPACTORS ❑ VIBRATORS ❑ OTHER I (describe) I REMARKS llfJ'- tel, 1427e40 a if I