Kuenster, Larry
NOTICE OF CLAIM FORM to the City of Saint Paul, Minnesota
Minnesota State Statute 466.05 states that “…every person…who claims damages from any municipality…shall cause to be presented to the governing body of the municipality within 180 days
after the alleged loss or injury is discovered a notice stating the time, place, and circumstances thereof, and the amount of compensation or other relief demanded.”
Please complete this form in its entirety by clearly typing or printing your answers to each question. If you have additional documentation, you may add those documents to your submission.
You will not be contacted by telephone unless clarification is needed. The claim process for investigations can take upwards of four (4) weeks. This form must be signed, dated with
all applicable sections completed. Submission this completed form to the
mailto:Saint%20Paul%20City%20Clerk’s%20OfficeSaint Paul City Clerk’s Office by email (cityclerk@ci.stpaul.mn.us), fax (651-266-8574) or mail addressed to “Saint Paul City Clerk, 15 West
Kellogg Blvd., Suite 310, Saint Paul, MN 55102”.
Claimant: First Name: _Larry and Tamara ____ Last Name: __________Kuenster____________________________
Please Indicate Your Pronouns: ☐ She/Her/Hers, ☐ He/Him/His, ☐ They/ Them/Theirs
Company or Business Name: _______________________________________________________________________________
Is this claim being made by an Insurance Company? YES / NO If yes, what is your Claim/File Number? <_____NO____________________
Is this claim being made by an Attorney? YES / NO If yes, what is your File Number? <________NO_______________________________
If yes, provide your Insured’s/ Client’s Name: __________________________________________________________________
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Street Address: __________________________________________________________________________________________
City: _________________________________________ State: ________________________ Zip Code: <___________________
Daytime/Work Phone: __________________________________ Cell Phone: ________________________________________
Date of Incident or Date Discovered (Must Complete): 9/19/2023 Time: _____________________________
Please state, in detail, what happened that prompted you to file a Notice of Claim Form: On 9-19-2023, Saint Paul Regional Water Services (SPRWS) destroyed my sewer line while digging
to “investigate” if they had in fact damaged the Sewer line on the previous 6-22-2023—Lead Service Line Replacement project. On 6-22-23 SPRWS was at property working on the following
SPRWS project (from website)”Private Lead Service Line Replacements: Customers in this project area who have a private lead service line are eligible to have it replaced at no cost as
part of the new Lead Free SPRWS program. This project is completely funded by SPRWS with no charge to the property owner. The scope of the project is as follows:Replace lead services
with copper pipe in the street right of way.Replace lead service lines in private property for participating customers.SPRWS to excavate, repair, and restore street pavement, curb, and
sidewalk as needed.”On 6-28-2023 The sewer backed up into the house. On 6-29-2023 Midway Sewer cleaned the property’s mainline for hours. On 9-13-2023 – Marigold Inspection services
checked the sewer as part of a routine home inspection as the property was for sale. The inspector said there may be a clog and recommended the sewer be cleaned. On 9-14-2023 SPRWS
came out and scoped the sewer and said they would tear up the street and look at the sewer to determine if they (SPRWS) caused the sewer clog. They gave me no options to remediate. On
9-19-2023 SPRWS crew of workers arrived with heavy equipment----including a Back Hoe, many trucks and an 8-12-foot section of white PVC pipe. They dug up the Randolph Avenue street
to reach the sewer to “Investigate” if they had damaged the sewer in June. After a few hours they told me the sewer was “crushed”. I was informed it was my responsibility and to call
a contractor to install a new sewer line and re-hook to the Main Line. They then filled in the hole with new sand/gravel materials. And black topped over it. The sewer was left disconnected.
Please state why or how you feel the City of Saint Paul is responsible for your Damages? SPRWS dug up a clay sewer line that was fully connected and working. After the dig – it was
completely destroyed. There was no justification for digging it up. To re-connect cost about $9,000 dollars and a ton of time calling contractors, talking to contractors and being forced
to pay out of pocket. I have suffered financial damages of about $9,500. I was forced to scramble and call contractors from the list of approved contractors. SPRWS had no business
digging at those depths among those utilities. Most of the contractors questioned why SPRWS would dig up my sewer line that hooks up to the city sewer to check for a blockage. SPRWS
is in the business of supplying drinking water to the citizens of St. Paul. As a result of the liberties they took with my property and the potential safety hazard they caused the citizens
of St. Paul, I had to install and reconnect the sewer line immediately. You cannot have raw sewage pouring into the streets. On 9-19-2023 – as I looked into the hole, I asked why they
did not use the white PVC they brought with them that morning. They replied - “That was not for this project.” At this point – I understood that they were going to accept no responsibility
or accountability for the damaged caused. I had a functioning sewer with (3) Adults living on the 2nd Floor unit and (2) Adults living in the main unit. Including the entire month
of July and August. After SPRWS excavated/dug up the sewer to “investigate a clog” – they completely destroyed the sewer. It was a hole of sand with a few broken pieces of clay. I
have lived in St Paul and owned a home here for 35 years. It is a great city and a great place to live. I expect the City and SPRWS to reimburse me for my out of pocket expenses as soon
as possible. I had to transfer $9,000 at 10.75% rate from my Wells Fargo Line of Credit to pay the contractor. I cannot afford this large, urgent, and unbudgeted expense that was caused
by the City.
Please check the reason that most closely describes the reason for your submitting a claim. Please note the documents that will need to be provided with your completed form. Photographs
will be accepted. All documents submitted become the property of the City of Saint Paul and shall not be returned.<
☐ Automobile damage from a motor vehicle accident: please provide two estimates for repairs or actual bill that has been paid.
☐ Automobile damage from a street defect or pothole: please provide two estimates for repairs or actual bill that has been paid.
☐ Automobile was towed and may or may not have sustained damage: please provide copy of towing ticket (if available), receipt from Impound Lot, and two estimates for repairs or actual
bill that has been paid.
☐ Snow Emergency: please provide copy of towing ticket (if available), receipt from Impound Lot, and two estimates for repairs or actual bill that has been paid.
☒ Property damage: please provide two estimates for repairs or actual bill that has been paid.
The estimate executed was $8,931. I also have bill of $675 for cleaning the sewer 6 days after the water line replacement=$9,606.
I have both of the bills in full.
The other estimates were $16,600 and $13,995. ( 1 contractor visited and no bid), 1 contractor indicated they would be out – but later no bid.
☐ You were injured during a motor vehicle accident: please provide police report number, details about injury.
☐ You were injured in the City of Saint Paul: please provide police report number, witnesses, and details about injury.
Continue to page 2 of Notice of Claim Form. Failure to complete and return both pages will result in delays.
This section must be completed for all claims.
Is there a police report for this incident? NO
If yes, please provide the police report case number: ___________________________
If yes, what law enforcement agency responded? ____________________________________________________________
Where did the incident take place? Please provide a street address, intersection or name of city park or facility:
____1749 Randolph Avenue, St Paul, MN 55105_______________________
What would you like to see happen to resolve this claim to your satisfaction? Today, I am seeking reimbursement for $9,606.00 for expenses incurred to date. I reserve the right to file
for any additional city or county charges that I may incur as a result of the additional claims, damage and repair. Includes but not limited to, interest expense. Receipts, Quotes and
pictures are included.
Were there witnesses to this incident? Please provide names and contact phone numbers: </w:t></w:rYes. Here is a partial list of witnesses:Todd Blomstrom, Distribution Division Manager,
St Paul Water, 651-266-6335Tyron Vidal, Distribution Division, Tyron.Vidal@ci.stpaul.mn.usMark Luzinski, Onsite Crew Leader, 651-775-3186, September ExcavationJoe Garcia, Onsite Crew
manager, Lead to Copper replacement-June replacementRich Rowland, Project Manager, Lead Replacements, 651-266-6350Daniel Nguyen, Public Works – Sewer Utility, 651-266-6249Alma Galvez,
Lead Program Coordinator, 651-266-6255 </w:t></w:r></w:sdtContent></w:sdt><w:r><w:rPr><w:rFonts w ____________________________________________________________________________________________________________
For property damage claims, including vehicle accidents.
Your vehicle’s information: Year: _________ Make: _________________ Model: __________________ Color: __________________
License Plate #: _________________________ State vehicle is registered in: ___________________________
Registered owner of vehicle: _____________________________ Driver: __________________________________________
Area(s) damaged:______________________________________________________________________________________
If a City vehicle was involved, License Plate #: _________________________________ Color: _______________________________
Was there City insignia on the vehicle? YES / NO Driver’s Name: </w______________________________________________________
Other property damaged: _______________________________________________________________________________________
For injury claims of any type.
What part of your body was injured? _____________________________________________________________________________
Did you go to the emergency room or urgent care? YES / NO Where? ___________________________________________________
Was medical treatment received? YES / NO Where? </________________________________________________________________
First day of medical treatment? _____________ Are you still receiving medical treatment? YES / NO
Did you miss any work as result of this incident? YES / NO <
Employer(s): _________________________________________________________________________________________________
How much time have you missed from work? _____________________________________________________________________
If you are submitting other documents, please state what you are attaching and how many pages: Invoice (1 page)
By signing this form, you agree that all information provided is true and correct to the best of your knowledge.
Please NOTE that submitting a false or misleading claim can and will result in prosecution under Minnesota Statutes.
Name of Person completing form: ______ Larry Kuenster______
Signature of Person submitting this form:
Relationship of person signing to Party making the claim: ___Self___________________________
Date document is being signed: 10/5/2023
Revised March 2023