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Claim, Daack, Pam & AndyCLAIM AGAINST THE CITY OF DUBUQUE This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim musu be filed with the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa 52001-4864. 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 THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUE CLAIM WILL OR WILL NOT BE 1. Name of Claimant: Pam and Andy Dacck 2. Address: 1500 Ideal Lane - Dubuque, IA 52001 3. Telephone Number: 583-0356 4. Date of Inoident: 12:15 a.m. 5. Location of Incident: (Be specific) 1/2 mile west of Radford Rd. intersection on Middle Rd. (top of 2nd hill by utility poles.) ~ ~ . ?u · - ---- .---, ~iv~full details upon whm~h you base your cla~. if a City ~ployee was involved, give the employee's n~e. ) 8. What were weather conditions 9. Give na~e and address of ( 10. Did police investigate? 11. Was anyone injured? injuries.) any witnesses. (If so, .g e names,.of-offmcers.) (If so, give name, address and extent of 12. Was any damage done to property? (If so, describe properEy and the extent of damage. Attach' estimates of damages or describe basis for ascertaining extent of damage.) 13. 14. What other d~nnaqes do you claim, if any? 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.) 15~ What amount do you claim from the City of Dubuque? $4,655.00 '16. Why do you claim the City .of Dubuque is responsible? Because water was being allowed to run across a public road which had turned to ice because of the trop in temperature. No salt had been applied to an extremely hazardous road condition. 17. Have you made a~y claim' against ~yone else for d~ges as a result of t~s incident? If yes, give name and address: 18. If the answer to Question 17. is yes, have you received any payment from. that source, and if so, in what amount? Dated at Dubuque, Iowa, this 3rd day of Apri, 2001. ' ~- ~,'-~ /s/ Pam Daack /s/ Andy Daack (Revised Janua~, 2000) On the night of 3/4/01 around t2:00am about 1/2 mile west ofthe Radford Road intersection on Middle Road, there was a very severe icy road condition just as you passed over the second hill_ It seems that water drains down to Middle Road from the BFI plant on Radford Road where they wash their dumpsters out. TNs water hms across and down Middle Road bemuse the former ditch had been filled in by or for the telephone company years ago. It seems they had difficulty with their lines getting wet from water setting in the ditch and had it tilled in. This has caused the water to nm onto the road, across ami down Middle Road. This has been a continual problem for quite some time according to the immediate neighbors in the area. Crops have been washed out and land soaked on the opposite side of the mad from the water drainage in the past. Letters had been written by the neighbors to the DNR but no*hing had ever been done. On the night of the accident, the water had nm quite extensively down the hill and because of the drop in temperature, had froze creating an ice slick that ran down the majority of the hill in both lanes of the road. The ice could not he seen until you went over the hill and at that time you knmediately hit the ice which didn't give you any time to prepare. There are also no streetlights along that stretch ofroad making it ~arder to see. The weather that night was a clear sky and there had been no precipitation all day or night As Andy reached the top ofthe hill and headed downward, he immediately hit the ice and tried to maintain control but started swerving back and forth and had even gone sideways down the hilt. By the time he reached the bottom of the hill, he ~as trying to regain control and the car ended up going into the ditch on the north side of the mad and flipping over. Andy and his passenger, Justin Sanser were thankfully wearing their seat belts which probably saved their lives or at Ieast prevented serious inja~es. They were able to get out of the car, which was upside down, through the passenger side door. Again, thankfully they were not injured. Unfommately, the car had received extensive damage through the process amounting to $9,379.88. This amount well exceeds the Kelly Blue Book value of $4,655.00 for the car. This is why the claim is only made for the current value, We have several wimesses to this icy mad that were all within a 30 minute time slot of the accident, including before and after. Justin's mother, Sandy Sanser, and her d,~:ghter, Tiffany, had been howling wSth them and had gone home ahead ofthan~ Sandy had gone over the hill and was surprised to find how icy it was. She had made a statement to Tiffany at that fane about the ice and how bad that spot was going to be that night. My daughter, Amy and I also came over the hill shortly alter receiving a call t~om Andy from his cell phone. I slid on the ice and almost lost contmt of my car. We had watched other cars slip and slide coming down the hill while the police officers were there investigating. One car slid all the way down the hill and had almost run into the back of one ofthe squad cars while it was stopped on the mad at the accident scene. After that, the squad cars moved up the mad further to allow mere room for the sliding cars. A salt truck was called and had come while we were there and had to spread salt on both sides of the road all the way down the hill. Dick McFadden, the neighbor that lived across the road from the accident scene, had come out to talk to the police officers. He told them how bad that area has been for quite some time. He himself had trouble gert'rog up the hill that morning around 8am He chimed there was about an inch of ice and slush on the road at that time. I know Andy is a young driver and hasn't had as much experience driving on slippery roads as some of us older drivers, but i think we all know that the best of drivers can lose control very easily when it comes to ice. The fact is that the accident was caused by the icy road condign and would not have happened had the road been salted and maintained, as it should have been. It also wouldn't have happened if the water nm off had been going into the ditch, where it should have been going, instead of across and down the mad. But obviously it didn't because the ditch had been filled in. The neighbor, Dick McFadden had called ~ VanMiltigen, the City Manager at home later that morning and told him about the accidem and the hazardous road condition created by the drainage pmblerm Mr. Van Milligen sent a crew ont that Sunday afternoon on 3/4/01 to temporarily fix the problem by digging a small trench where the ditch used to he for the water to nm into. Mr. VanlVFflligen called Dick later to let him know it was only a temporary fix and that it will he m-engineered and fixed properly. Having a crew working on a Sunday Pm sure was costly. The small trench they dug did not even extend down far enough to reach the existing ditch. I wouldn't thiner it would hold a heavy downpour along with the excess nm offthat comes down from the BFI building and he able to keep the water from running onto the road again. I don't know why the city would have approved the filling in of this ditch as it was originally there for a purpose. We feel the city is responsible for the mad and other conditions that had created the factors musing the accident and should therefore he liable for the damages to the car. I have enclosed pictures of the road showin~g the water run off that was taken around noon that Sanday 3/4/01. As you can see from the pictures; the vast amount of water that had nm do~a the hill. I have also included pictures ofthe trench that the city crew had dug that Sunday a~ernoon to temporarily fix the problem. I have enclosed a picture of Andy's car, which didn't have any dents before the accident. A copy of the Kelly Blue Book value of his car as of 3/4/01 is also enclosed. There was no drinking involved or no speeding tickets issued here, just 2 innocent boys going home from an evening ofbowling: This has been a very traumatic experience for Andy, especially knowing he had used his savings to purchase ~ car and now has no~ing. This was not a typical bad weather situation where you are prepared to use caution. It was a totally unexpected situation that was created by the tmrtleular circumstances involved. We would be glad to answer any questions you may have on this matter. Please call 583-0356 after 3pm. I have enclosed photographs that I would like returned when you are finished v~Ih them. Sincerely, F~ Para Dank ,Study Daack Justin Sauser .... Was passenger in Andy's car al the time of the accident. 1630O Old Hwy Rd. Peosta, IA 52068 0~9) 588-0989 Sandy Sauser ..... Had traveled the same road and witnessed the severe icy road 16300 Old Hwy Rd. condition approximately 15 minutes before the accident (12:00am) Peosta, IA 52068 0t9) 588-O989 Tiffany Sauser ~- Was with her mother Sandy and also witnessed the icy road. I6300 Old Hwy Rd. Peosta, IA 52068 019) 588-0989 Scott Tschiggfrie --- Traveled the same mad and witnessed the severe icy road 421 Banak Ct. condition approximately 5 minutes after the accident (I 2:20am). Dubuque, IA 52003 (319) 5564796 Pam Daack 1500 Ideal Lane Dubuque, IA 52001 019) 583-0356 Tmvelad the same road and witnessed the severe icy road condition approximately 15 minutes m°ter the accident (I2:30am) Amy Daack .... Was with her mother Para and also witnessed the icy read. 1500 Ideal Lane Dubuque, IA 52001 (319) 583-0356 Zaeh Shireman _-.w Tmvelad the same road and witnessed the icy road condition 15707 Sandwedge Ct. after it bad been ~Ited. Dubuque, IA 52002 (319) 588-2029 Dick McFadden ------ A neighbor that lived right across from the accident that came 5304 Middle Rd. out and told the police officers how it has been a problem area Dubuque, IA 52002 for quite some time because of the water run oS He also stated (319) 556-3875 that there was approximately 1 inch of ice and slush on that same hill the morning of 3/3/01 around 8am and be had a hard time getting up the hffi. Several other cars had como down the hill slipping and sliding until the salt track had arrived. One of them had almost run into a squad car that was parked at the accident scene. We had alt then moved our cars up the road further to allow more room for the cars that were sliding. Kelley Blue Book Used Car Values Page 1 of 2 Ke y Blue credit report online Ctick ~ fl~e irnage above to ~sit t his advePJs~ Iowa - Mamh 4, 2001 1992 Pontiac Bonneville SE Sedan 4D Engine: V6 3.8 Liter Trans: Automatic Drive: Front Wheel Ddve Mileage: 145,000 Ways to Buy a Used Car Find a Certified Used Vehicle Ways To Buy a New Car List Your Car For Sale Online Financing Ouote Insurance Quote Warranty Quote Farts & Accessories Payment Calculator Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette ABS (4-Wheel) Power Seat Rear Spoiler Retail Value $4,655 Suggested retail represents the price a dealership might ask for this make and model vehicle. This represents a fully reconditioned vehide in exceltent condition with a clean tiUe history. This retail price is not a trade-in or private-party value, but rather assumes that a dealer has absorbed the cost of making the vehicle ready for sale, reconditioning, advertising, sales commissions, arranging for finandng and insurance and standfng behind the vehicle for any mechanical or safety problems. Many late model vehicles at this price have passed an inspection program or carry a warranty. Actual dealer selling price may vary from this price. Copyright © 2001 by Kelley Blue Book Co., AU Rights Reserved. Mar-Apr 200~. Edition. The information hq this report was printed from the Kelley Blue Book Web site (www.kbb.com) and is intended for the personal u~ of the customer only and may not be sold or transmitted to another party. We assume no respo~sibilYw for errors or orniasions. http://www.kbb.com/kb/kLdll/kwakc.ur?kb~,776708&;r&277&10;PO;J2 3/4/0t Typ~ ~ Number GAFFNE~ ENTERPPJSE$ (~5-) 777~2~,38 Descd~imn 2.2 # C~M pART I~,07 C C C 4.4 0.000% ~88.08 ~'oms To~t: 9,379.88 IV_ T~,~s! ~,z~?s~e.~ O-~