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Claim by Gail Miller Copyrighted September 3, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUM MARY: Kyle and Shelby Christina for property damage, Kathy Jansen for vehicle damage, Gail Miller for property damage, Suit by Timothy McKenzie vs. City of Dubuque et al. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Referto City Attorney ATTACHMENTS: Description Type Christina Claim Supporting Documentation Jansen Claim Supporting Documentation Miller Claim Supporting Documentation McKenzie vs. City of Dubuque Suit Supporting Documentation �� C�AIM AGA�NST THE CITY OF DUBU UE I(JWA � �� ` � � � .��e�►�.� � � This writfien repor� eonstitutes your claim.against the City of Dubuque, lowa. You shc�uld complete this form in full and a#tach any additional iriformation that supporfis your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 13t� St., Dubuque, #A 52001. lt will then be referred by the Gity Council ta the appropriate departmenfi for ir�vestigation. Once that investigat�on is completed, a report and recommendatian will be submitted to t�e City Council. You will be proveded wifih a capy of that rep�rt and recammendation. THE F[NAL DECI51{�N ON ALL Cl�A�MS IS MADE BY TME ClTY ClJUNGIL, NC1 EMPL:4YEE OF j THE C#TY t}F DllBUQUE HAS THE AUTHt�RITY T{� lU1AKE ANY REPRESENTATIt�N TO YC}U ' A� TO WHETHER YOIIR C�AIM WI�L 4R W[�L NC1T BE �'AID. i 1. Name of Claim�nt: �� o �''�e��' ; i � 2a Addre�s: i��.�� a�� '�'' , � City: �c �,. State: ��e:�:. Zip: ,�,�C�� ` ; ' 3. Telephone Number: �� °��'�� . �. � � � � 4. Date of tncident: � �`� '� -�-��I` � � 5. Time af Incident: �+�.�� ;� ��,` �r�z:�..�� : � 6. �ocatian of Incid�nt �Be specific}; �r�-��.,� -��. ��, �� ' �:.a�. �r�� - ►� p � �� r�� d �7. DE�CRI�E ACCIDENT C}R aCCURRENGE TFIAT CAUSED INJURY 4R DA�iAGE. (Give � full detai[s upon which you base yQur claim. If a City employee was involved, give the employee's name.) �,'�°�,a� ��'A�a.c��' ��5 � /C►/ta :��.�"6f��.t��l�. ��'"` S�� '��'�f�"��' � $ ` � �8, What were �veather conditions like? �� ,� , � "" � � � � �..��rf +�a��`��i��r�� et��`C� d-ca�-�ee,� ��` �-+°�,� � 9, G�ve name and address c�f any witnesses: �-�,,.� , e� �. � ��.-�a�,� c��' � c�I!r�� s�r�t�� S�+�. r�.�c�:.� 10, t�id police invesfiigate? (If so, give names of officers,} � t��,� �t,c.�t►��' y �,��s�-�'�,�' �,�,a��.,�.�,�� "r��`� � �.�C3 ��r�F ��,� �- ��.r'��°nr� ��.re�i�� 11. Was anyane injured? (If so, giv� names, addresses, and extent �rf injuriesj. q � � s �� - - - . i j i i � ��. Was any damag�e done to property? (If so, describe properEy and the extent of damages. Attach estimates 4f damages or describe basis for ascertaining extent of damage.} _ !`�-.� S �� -�� `�-Tf ��,�'�'1 ,.�,_�B �► 13. Vithat ather damages da you claim, if any? ,�e�.�r@�� .��. ��'r�.��, ��c.�r ��, �-�.�.�� _ �c� �Q."�"'� +�t�.»� �r�..�..� 14. Have you been cc�mpensated for any part or all af your ciaim by any inst�rance company? {If so, give name and acldress of insurance campany and amount paid.) j I �� ; 15. What amount do you ctaim from the Gity c�f Dubc�que? ' '� � � ! / ` a�- 6: k a:�t'� �.i d �+6L � � �t�.�l` �" ��a��F°��►�s�.� i 16. Why cic�yau cEaim the City of Dubuque is respc�ns�ble? E �` t� '�"'�?-d� �e�.�`v� ��""�M� i � '17. Have yau rnade any claim against anyQne else for damages as a result af this incident? � t (If yes, give name and address.} � � � i� k 18. If the answer to C�uestion 17 rs yes, have you received any payment from that saurce, ' and if sa, in what amount? i !; � ; D�te� �t ��tb�aq!ae, 1e��a tl��s �� day o# �L�+�►� , 2�� . I i � I � ! � � ��1t,�Cir�t�lC�} �r��°� � � � :�'��' {Print Name} t��:� � ; �-.�. � �� `� � .� � �� , � � � �t � ,.r.:� �' ( � � � � � � � {Rev. 5118} . � � � � � � �;,, �s y �I , � Confiden�ial � This communicatit�n and any attachments may contain information �nrhich is confiden'�ia1 � and privileged by law and is for the use of the designated r+�cipient. If yc�u are not the � intended recipient, you are 1�ereby notified that you have received this com'munication in � error, and that any reviewa disclosure, disseminat9on, distribution or copying of its contents � is prohibited. Please notify �ity af Dubuque immediat�Iy by telephone at (5�3)-589-4'120 of � yaur receipt of these items and destrc�y the communicatian and any aftachments � immediafiely. Ftarther dTsclosure of this information may vialafie state and federal � restrictions. � ;� � a ; Gonfidenti�l information may ir�clud� the fol}owing: � N � 1} �ocial Security Number{s} ' R 2} Mediea�/Health lnformation ; �) Persar►r�ellDisciplinary Infarmation i;,' 4} Bank Account jnforma�ion �i 5) Financi�l Information a 6} Credit Card'Numbers ii � �� If any dacumentati�n ye�u dss�re to submit to the Gity af Dubuque contains any of the items above �� this cover sheef must be attached directiy to the cc�nfidentiaf infarmatiorr and �ndicate the fiype of , infarmatian that is incfuded. r M � � I, �� L��..� , hereby cer�ify that the attached documents � include the following prc�tecte� inf�rmafiic�n: � Social �ecurity Number{s) B�nk Account Ir�formation f MedieallHeaGth Informafiion Financ�al Infc�rmafiion 1 Pers�nneUDiscipfinary lnformation Credit Card Number{s} I understand that t�is infarmatiar� m�y be distributed within �he C�fiy arganization or t� ager�ts af the ' City far processing �nd I hereby autharize the City to act accQrdingly taking �I1 preeautions to profiect my information from unnecessary distributi�n. , ` � p �� .� ��1 Signat�;re Dat � 1 am requesting reimbursement for damage that was done to my property due tc� a water main break, �ut of pocket expenses and same compensatian for countless hours of labor on my part. � � � Sc�metime during the early morning hc�urs c�n January 29,2019 the water main at the intersection �f � Merz St.and Althauser St. broke. I'm unaware how long the water was running before it was under � control. In the morning it was very obvious that most of the water ran down the hili inta and araur�d my garage. � � � I first called m insuranee com an and the tald me that m home owners insurance did not cover � Y p Y Y Y � seepage. 1 then called the city and they sent JefF Zasada {building services} and Mark Burkle {As$istant � Chief-f�re department)to ok�serue the damage to my property. Please keep ir� mind that the majority of '�� the damage was not totally revealed until the snow and ice melted in the sprin�, �: � � Included are some of the phatos that I took to document this event and the damage. The photos wiil � be numbered and the descriptian explained here. � � #1-4utside of garage door showing water line, ice, mud and gravel caverin�a french drain that runs in 'I front of garage daar #2 -Water line showing the level on the autside of garage daor and building. Measured it was abc�ut 9 � � inches. ` #3-Walk in daar ta the garage showing water level. Mud and ice an the sidewalk. #4-Sidewalk a!I along the west side of house loaking north toward garage covered with mud and ice. � a , #5-Sidewalk all alang the west side of house looking south toward back yard covered with mud and � ice. a § � ##6-Snow covered yard showing where same ofthe water ran,damaging the lawn. This is the area � between the garage and the house. � It took me two days to thaw the garage door and the walk in daor of the garage, using salt, ice scraper ; and hair dryerjust to get inside. � e #7-Garage door open. Water,mud,gravel and ice eovering french drain in frant of garage. Also can � see how it piled up and ran aiong north side t�f garage. � � � � � � it took me several days ta shove],chop ice and pile up the mud and gravel just to get my truck aut of the garage. I had called the city and they sent the camel truck up tc�suck up what they could so mc�re wc�uld not run into�arage as it thawed since the french drain was completely filled and covered. On a note the camel truck got stuck an the first visit and needed to call a salt truck to heip get it up the hill. So mtach ice. #8-Camel truck trying t� suck up what it could tc�free debris from french drain. City worker-i�-standing - on french drain which is completely covered. Qnce inside the�arage the damage was very evident, B�th my vehicles�all 4 tires�f eachJ were frozen tn the flaor. I had tt�carefully thaw the tires on the truck from the floor before backing out. The car tires were also compromised. Water, mud and ice filled the rims. I consulted with a car guy and he told me not ta mave the car until spring time when the car was completely thawed from warm weather. He was afraid that if i maved the car in the eold the rims may crack sinee they were made af aluminum. Much of my persc�nal items that were on the floor was damaged and had ta be thr�wn out. There is one smalf drain in the rniddfe of the garage fioor. [7ue to t�te cold,force and vo3ume of the water the level ' gat up to 9 inches inside the garage. It did drain sc�me but there was a layer of mud and a thin layer of ice {about 1 inch)that covered the entire garage floor. #9-What the inside garage floor loaked like. There is a layer of mud under the ice. ', #10- Mud and ice inside wheel wells of car. Can also see how the tires were frozen to the floor. , #11 - Mud and ice went half way up the lawn mower. Lucl<ily I dried it out gaad in the spring and it still works. i #�2- Book shelf 1 had in garage shows how high the water level was in tt�e entire�arage. ' #13-1 had all of my paddles standing up on the floar along the back wall of garage. Can see how high ', mud and water got. I I had a brick flawer bed along the south side of garage. The water ran along side raf garage and the i force displaced all the bricks and washed away all of my prized lily bulbs. j � #24-South wall where flower garden was washed away. � #15-South wall flawer bed. Shaws southeast cc�rner where water undermined garage floor. I #16- Photo c�f what my pr�aed lilies looked like. All the bulbs washed away. PRICELESS #27- Flawer bed with dirt replaced. Also shows two bare spats in yard where mud and ice pooled. ; After spring thaw there was nc�grass. i #18- Bricks replaced for flower bed. Water, mud and gravel also ran dawn north side of garage. Causing a large gully. Every time it rains , the water runs down the street and goes there. There are no gutters or sidewalk on the street. 1 was ' told by a contractar that if filled with dirt it will not solve the problem. The dirt would cantinue to wash ___._.____.___________-----------_.____.. _ away and continue ta erode the hill. He suggested to put in racks. This would hold the hili and stop the ', continuing erosion. #19-Gully caused by force of water and continuing erosion by rainfall. #20- Rock fill to stop erosion. #21 -What the hill behind my garage laoked like after spring thaw. Garder� p�th destrayed. i i i Countless hour of shoveling snow, ice, mud and gravel fram front af garage. Four hours to clean out french drain. Got an estimate from Servpro to clean out garage and power wash the floor in early May, Also an estimate over the phone from Service Master which was obvious they did not want to do the jQb as it was way more than Servpro. I asked Servpro to do the job and they said they wc�uld. But they keep putting me off.So finally in�uly I just did it myself. It included cleaning everything out af garage. Thrawing away many items as they were wet and moldy. I borrowed a power washer and spent an entire day cleaning the flot�r. Purchased grass seed and seeded the bare lawn myself. Still working an growing grass on certain bare spc�ts. Spent an afternoon cleaning one of my boats that was on the fbor and all my paddles. f My main concern r�ow is that every time we have a down pour of rain it runs inta the holes{which I keep filling} on bath sides of the east wa(I of garage. I'm afraid that this undermining will cause my � garage floor to collapse oUer time. Also the street in front t�f the garage has rnany potholes and divots � that fill Up with dirt, mud and gravel. This creates a rnuddy mess every time 1 move my vehicles in and � out. Plus there is a hole in the asphalt that concerns me. It seems to be getting bi�ger. � tJut c�f pocket expenses: � 3 bags af grass seed $39.80 � � Property Rescue. includes rock work,topsoil � for flower bed and brick edging around flower bed $2,140.4d : � � Walgreens- photo prints $9.18 Total $2,188.98 ,� Countless hours of labor which I could have hired out Don't know when I will get to fixing my garden path on the hill. Also the water main brol<e again in the same spot on July 25, 2019. At this time most of the water ran down Althauser St. but did not jump the curbs. I hope this never happens again. Too much work, loss and expense on my part. � �h I� �� Thank you '� ��i . , II Gail M. Miller � �� Copyrighted September 3, 2019 City of Dubuque Consent Items # 3. ITEM TITLE: Disposition of Claims SUMMARY: CityAttorney advising that the following claims have been referred to Public Entity Risk Services of lowa, the agent for the lowa Communities Assurance Pool: Kyle and Shelby Christina for property damage, Kathy Jansen for vehicle damage, and Gail M. Miller for property damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Staff Memo THE CITY QF �U� � MElV� O �ZANIjUM � M�zsterpiece ort the MissTssippi ' TRACEY STECKLEIN � PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DAz�: August 20, 2019 � RE: Claim Agair�st the City of Dubuque by Gail M. Miller Claimant Date of Clasm Da#e of Loss Nature ot Clairr, Gail M. Miller 08/20/19 01/29/19 Property Damage 'i This is a claim in which ciairriant alleges that a watermain break at the intersection of Afthauser and Merz Streets caused properky damage at claimant's home located at 1020 Merz Street. Thos claim has been referred to Public Er�tity Risk Services of lowa, the agent for the lowa Communities Ass�rance PooL cc: Michael C. Van Milligen, City Manager '� Denise Ihrig, Water Department Manger j Gail M. 11/liller i li i ',I � ; �� ! ' I � � I OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA � SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 � TE�EPHONE (563)583-4113/Fax (563)583-1040/EMai� tsteckle@cityofdubuque.org � � ; ;