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Claim by Leonard Dress Jr.THE CITY OF DUBUQUE Masterpiece on the Mississippi MEMORANDUM BARRY LINDAHL CITY ATTORNEY TO: Mayor Roy D. Buol Members of the City Council DATE: September 18, 2008 RE: Claim Against the City of Dubuque by Leonard W. Dressm Jr. Claimant Date of Claim Date of Loss Nature of Claim Leonard W. Dress, Jr. 08/28/08 08/26/08 Vehicle Damage This is a claim in which the claimant alleges that the underside of his vehicle was damaged when he drove over some ruts in the alley located between Groveland Terrace and O'Neill Street. According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, Mr. Klostermann inspected the alley on September 12, 2008 and found that while alleys receive very little maintenance overall, this alley is in good condition. The alley does have a high center but it appears that the alley is being used by other property owners with no problems. It is therefore the recommendation of John Klostermann to deny the claim of $675.98 as filed because the high center of the alley defect is open and obvious and could have been avoided. The City Attorney's Office concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager John Klostermann, Street & Sewer Maintenance Supervisor Leonard W. Dress, Jr. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 /FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org