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Claim by Felderman Business Associates Copyrighted February 5, 2018 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Robert Apel for vehicle damage, Carol Bandy for personal injury/vehicle damage, Jenny Cook for vehicle damage, Dubuque County Sheriff's Office for vehicle damage, Felderman Business Associates for property damage, Michael Gukeisen for vehicle damage, Joseph Ray for vehicle damage, Victoria Ruefer for personal injury, SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Apel Claim Supporting Documentation Bandy Claim Supporting Documentation Cook Claim Supporting Documentation Dubuque Co. Sheriff's OFfice Claim Supporting Documentation Felderman Business Associates Claim Supporting Documentation Gukeisen Claim Supporting Documentation Ray Claim Supporting Documentation Ruefer Claim Supporting Documentation � V "" � � B � CLAIM AGAINST THE CITY OF DUBUQUE, IOWA � � This written report constitutes your claim against the City of Dubuque, lowa. You should � complete this form in full and attach any additional information that supports your claim. � � The Claim must be filed with the City Clerk at City Hall, 50 W. 13t" St., Dubuque, IA 52001. It � will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. �', THE,:FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF I THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. _ � �. Name of Claimant: FELDERMAN BUSINESS ASSOCIATES 2. Address: 55 BLUFF STREET, DUBUQUE, IOWA 52001 , 3. Telephone Number: 563-557-1465 i p 4. Date of Incident: NOTICED DECEMBER 2017 DURING PROPERTY INSPECTION �`; 'i 5. Time of Incident: AM :i , 437 LORAS LOCATED NEXT TO CITY OWNED j 6. Location of Incident (Be specific): � � PROPERTY AT 445 LORAS I� �� d 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give ;' full details upon which you base your claim. If a City employee was involved, give the � employee's name.) � �ii 445 LORAS RETAINING WALL HAS FALLEN AGAINST OUR BUILDING AT 437 LORAS, ;� APPEARS TO BE DAMAGED SIDING AND FRAMING, BUT WALL NEEDS TO BE REPAIRED ',i � �. vvna�were wea�F��er conc�i4�6ns i�k�? VARIOUS � 1 9. Give name and address of any witnesses: DUBUQUE HOMELAND PROPERTY INSPECTIONS � I 10. Did police investigate? (If so, give names of officers.) NOT APPLICABLE � � 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). � NO � � � ; , ; 9 d9 f 4 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) RETAINING WALL ON CITY PROPERTY AT 445 LORAS HAS FAILED AND FALLEN AGAINST � OUR PROPERTY BUILDING AT 437 LORAS . PREVIOUS OV+TNER REPAIRED WALL WHEN FELL. J � 13. What other damages do you claim, if any? UNKNOWN DAMAGES TO SIDING AND i� FRAMING OF 437 LORAS, CANNOT IDENTIFY UNTIL RETAINING WALL IS REPARIED. li? 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) NO �, ,I� 15. What amount do you claim from the City of Dubuque? i CITY COST TO REPAIR THE DAMAGED/FALLEN RETAINING WALL & ANY DAMAGE TO 437 I� 16. Why do you claim the City of Dubuque is responsible? WALL BENEFITS 445 LORAS, AND PAST OWNER PERFORMED SIMILAR DAMAGES TO WALL !� I� 17. Have you made any claim against anyone else for damages as a result of this incident? i, (If yes, give name and address.) ' NO J � 18. If the answer to Question 17 is yes, have you received any payment from that source, �fJ and if so, in what amount? � NA � Dated at Dubuque, lowa this 1� day of JANUARY , 20 �� , � ; � ;� � `�p m „ .� � �•� ,.�. .._� � v-'`� �� - (��yra�u�� JANET FELDERMAN FOR FELDERMAN BUSINESS ASSOCIATES ��rint IVame) � � � � (Rev. 7/12) ,=-_�.4,�w c�., � ...�. �, �"� �' 1,,:6 ` i� r �� -„-- r»"a� �^�� ` t.r, .�:�y � i t '�� ;,��y� 9 � � � �� s 0 � � � a, 9 Copyrighted February 5, 2018 City of Dubuque Consent Items # 3. ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of lowa, the agent for the lowa Communities Assurance Pool: Robert Apel for vehicle damage, Carol Bandy for personal injury/vehicle damage, Jenny Cook for vehicle damage, Dubuque County Sheriff's Office for vehicle damage, Felderman Business Associates for property damage, Michael Gukeisen for vehicle damage, Joseph Ray for vehicle damage, Victoria Ruefer for personal injury. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Staff Memo � THE CITY C7F �.T� E MEMORANDUM 1Vlaste�iece an the Mississippi � i �TRACEY STECKLEIN � ', PARALEGAL ' To: Mayor Roy D. Buol and � Members of the City Council !� � DATE: January 16, 2018 ,) RE: Claim Against the City of Dubuque by Felderman Business Associates I� ,i Claimant Date of Clairn Date of Loss Nature of Claim lil ,� Felderman Business 01/12/18 December 2017 Property Damage ;I Associates i, li This is a claim in which claimant alleges that a City retaining wall located at 445 Loras � Boulevard fell onto claimant's property at 437 Loras Boulevard, damaging the siding and � framing. This claim has been referred to Public Entity Risk Services of lowa, the agent for the lowa Comm�anities Assurance PooL '� cc: Michael C. Van Milligen, City Manager I Alvin Nash, Housing & Community Development Director � Felderman Business Associates � � a � � OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 � TE�EPHONE (563)583-4113/F,vc (563)583-1040/EMai� tsteckle@cityofdubuque.org � � w