Claim by Tim HitzlerCopyrighted
September 15, 2025
City of Dubuque CONSENT ITEMS # 2.
City Council
ITEM TITLE:
Notice of Claims and Suits
SUMMARY:
Tim Hitzler for property damage; Daniel Reich for vehicle
damage; Alex Stein for vehicle damage.
SUGGUESTED
Receive and File; Refer to City Attorney
DISPOSITION:
ATTACHMENTS:
1. Claim by Tim Hitzler
2. Claim by Alex Stein
3. Claim by Daniel Reich
Page 153 of 1171
W Vrin
Confidential
This communication and any attachments may contain information which is confidential and
privileged by law and is for the use of the designated recipient. If you are not the intended
recipient, you are hereby notified that you have received this communication in error, and
that any review, disclosure, dissemination, distribution or copying of its contents is
prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of
your receipt of these items and destroy the communication and any attachments
immediately. Further disclosure of this information may violate state and federal
restrictions.
Confidential information may include the following:
1) Social Security Number(s)
2) Driver's License Number(s)
3) Medical/Health Information
4) Personnel/Disciplinary Information
5) Bank Account Information
6) Financial Information
7) Credit Card Numbers
If any documentation you desire to submit to the City of Dubuque contains any of the items above
this cover sheet must be attached directly to the confidential information and indicate the type of
information that is included.
I, Tim Hitzler , hereby certify that the attached
documents include the following protected information:
Social Security Number(s)
Driver's License Number(s)
Medical/Health Information
Bank Account Information
Financial Information
Credit Card Number(s)
Personnel/Disciplinary Information
I understand that this information may be distributed within the City organization or to agents of the
City for processing and I hereby authorize the City to act accordingly taking all precautions to
protect my information from unnecessary distribution.
Signature Date
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
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.
Page 154 of 1171
The Claim must be filed with the City Clerk at City Hall, 50 W. 131" 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
THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU
AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID.
1. Name of Claimant: Key City Creative Center & Members
2. Address: 1781 White St.
City: Dubuque
State: Iowa
Zip: 52001
_3. Telephone Number: 563.599.2915
4. Date of Incident: May 14, 2025
5. Time of Incident: 12 PM
6. Location of Incident (Be specific): Alley of Key City Creative Center at 1781 White St.
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.) A water main break occurred during work being performed by the City of
Dubuque. I, Tim Hitzler, was notified by a member of the Key City Creative Center (KCCC)
that water was entering the basement of our building. Upon arriving at KCCC, I found
several inches of water had accumulated in the basement.
Since the incident on May 14th, I have spoken with Adam Decker multiple times regarding the
situation. Due to the water damage sustained by both the building and our members'
property, I provided Adam with a detailed list of the damages along with estimated
replacement costs. He later referred me to Kevin Donovan of McDermott Excavating.
I contacted Mr. Donovan six times throughout June, July, and August. During each
conversation, he indicated that someone from their office would return my call, but I never
received a response. In mid -August, I followed up with Adam, who also contacted Mr.
Donovan and was eventually informed that McDermott Excavating's insurance would not
cover the damages. Adam then advised me to complete this claim form.
Page 155 of 1171
8. What were weather conditions like? Clear skies, typical summer temperature.
9. Give name and address of any witnesses:
Brian Graham (KCCC member) 789 University Ave., Dubuque, Iowa 52001
Paul Pendola (KCCC member) 228 S. Main St., Galena, III 61063
Tim Hitzler (KCCC member and building owner) 2655 Fulton St. Dubuque, Iowa 52001
Eric Ethier (KCCC board president) 325 Monroe St., Dubuque, Iowa 52001
Logan Flack (KCCC member) 1085 Main St., Dubuque, Iowa 52001
10. Did police investigate? (If so, give names of officers.) No
11. Was anyone injured? (If so, give names, addresses, and extent of injuries). No
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.)
Yes. Please see attached document. We also have security camera footage showing the
water main break. Here is a summary of damages.
Attached is a summary of the damages. We estimate that approximately 1,000 gallons of water entered
the basement due to the water main break. We have two videos: one from our security camera
showing the moment the break occurred, and another capturing the water seeping into the basement.
I've also included photos of the basement prior to water removal. All of this was sent to Adam Decker
as well.
As we discussed on the phone, our goal is to approach this situation as fairly as possible. The tenants
who occupy the lower level operate small businesses from the space, and they would greatly
appreciate compensation for the products that were damaged.
Tenant 1
$2985 (The links below include the details. If you cannot open, let me know)
https://photos.app.goo.gilownTdYl 24muBuXsW9
https://does.google.com/document/d/lxledgGa5ikDfvDzRftHKY00Z1WKmQIU2ag5FiRdx 6q k/edi
t?usp=sharing...
Tenant 2
$1,122.17 (The links below include the details. If you cannot open, let me know)
https•//docs google com/document/d/lg3diDQPMf9ibQ7MfGICNzP4bnugoWidH/edit?usp=sharin
g&oui d=1 1 2659691495282800336&rtpof=true&sd=true
Tenant 3 (The links below include the details. If you cannot open, let me know) Page 156 of 1171
$548.55
https://docs.google.com/document/d/l pyGrpOwmPyk-qxQ6w7ox4LD26z6or96ugg9M WkhiuU/e
dit?usp=sharing
Clean up (see attached estimate) This includes cleaning soil brought in from the water.
$1,950.61
Tuck Pointing Damaged Foundation Wall (see attached estimate)
$1,512
Labor for initial water removal of an estimated 1,000 gallons of water
3 people for 3 hours @$25 per hour
$225
Total Damage: $8,343.33
M
<
' f-i"7
.. 0
13. What other damages do you claim, if any? None ;z
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
15. What amount do you claim from the City of Dubuque? $8,343.33
16. Why do you claim the City of Dubuque is responsible? The City of Dubuque conducted
the work done in the alley which is the cause of the water main break.
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.) None other than contacting McDermott Excavating to no
avail.
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 day of August 31, 2025.
(Signature)
Page 157 of 1171
(Print Name)
(Rev. 9/24)
Page 158 of 1171