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<br />MEMORANDUM <br />DATE: Agenda Item 1.E <br />April 20, 2009 <br />TO: <br /> Mayor and City Council <br />FROM: <br />Greg Hoag, Public Works Director <br /> Ron Moorse, City Administrator <br />SUBJECT: <br />Lift Station #7 <br />BACKGROUND <br />At the April 13, 2009 City Council Work Session staff held a discussion with Council regarding <br />lift station #7. The Council directed staff to meet with the City Attorney to discuss several issues <br />related to this lift station. A summary of the City Attorney’s advice, along with related sections <br />of the City Code and Agreement with Presbyterian Homes is provided below. <br />The Agreement executed in 2008 between the City and Presbyterian Homes states: <br />1.City’s Responsibilities. The City shall be responsible for the costs and expenses related to <br />the maintenance and repair of the Chopper Pumps at the normal level associated with the <br />City’s regular lift station pumps. <br />The City shall also cooperate with Presbyterian Homes regarding the monitoring of the <br />chopper pump operations, and in determining an optimal, long term solution. <br />2.Presbyterian Homes’ Responsibilities. Presbyterian Homes shall be responsible for the <br />costs and expenses related to the maintenance and repair of the Chopper Pumps that is <br />beyond the normal level associated with regular lift station pumps. This shall include, but <br />not be limited to, purchasing any “spare parts kits” relative to the Chopper Pumps. <br />Presbyterian Homes shall be responsible for the replacement of the Chopper Pumps. The <br />determination of when the Chopper Pumps shall be replaced shall be made by the City in its <br />reasonable discretion applying the following criteria: if a Chopper Pump needs a repair, the <br />cost of which is in excess of 50% of the replacement cost of the Chopper Pump, the City shall <br />apply its usual and customary criteria to determine whether or not the Chopper Pump should <br />be replaced or repaired. If the City makes determination that the Chopper Pump should be <br /> <br />