Claim by Tim KellyTHE CITY OF
DUBUQUE MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: May 16, 2008
RE: Claim Against the City of Dubuque by Tim Kelly
Claimant Date of Claim Date of Loss Nature of Claim
Tim Kelly 04/28/08 04/29/08 Vehicle Damage
This is a claim in which the claimant alleges that as he was driving north near the
intersection of 22"d Street and Central Avenue, he drove over a pothole and cracked the
windshield on his vehicle.
According to the report of Gus Psihoyos, City Engineer, a private water service lateral
was being repaired at the time and in the area of Mr. Kelly's incident by Mark Fondell
Excavating.
It is therefore the recommendation of Gus Psihoyos to forward this claim to Mark
Fondell Excavating for its consideration. The City Attorney's Office concurs with this
recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Gus Psihoyos, City Engineer
Tim Kelly
Mark Fondell Excavating
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
THE CITY OF Dubuque
DUBUQUE
Masterpiece on the Mississippi
2007
TO: Tracey Stecklein, Paralegal
FROM: Gus Psihoyos, City Engineer
SUBJECT: Claim Against the City by Tim Kelly
DATE: May 16, 2008
On April 27, 2008, Mr. Tim Kelly indicated that his vehicle was damaged as he
was traveling northbound on 22nd Street and Central Avenue. In working with
Engineering Assistant Jane Smith, Mark Fondell Excavating, Inc. (2270 Crown
Point Road) repaired a private water service lateral in this area.
Therefore, it is the recommendation of the City Engineering Department that this
claim for damages be forwarded to Mark Fondell Excavating for further
consideration/processing.
If you have any questions and/or need further assistance, please call me at (563)
589-4270.
cc: Jane Smith, Engineering Assistant