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Hirsch, Barb and Gerald, Claim Against the CityJuly 21, 2008 I would appreciate the opportunity to answer your questions after my presentation since I did not receive notification that I was on the agenda until 2:11 pm today. I then had to go to city hall to see what the city managers response was regarding this action item. Barry Lindahl stated on dune 16, 2008 that the sewer problem was between the private contractor and the home owner. It is the position of the home owner that the City of Dubuque hired the private contractor with no input from the home owner. The City of Dubuque billed the home owner $1200.00 for a new water line And $350.00 for a new stop box plus the street assessment. The city street was dug up to put in a new water main and to make a tap into the water main so a water line could be pulled to a new stop box. Where the new stop box was installed there was also a big hole dug so the connection could be made to the new stop box. There was no trenching done. A new water line was pulled through the ground to the new stop box. It would seem like it was pulled through the sewer trench as this was the easiest route to go. However it is the home owner's contention that this water line could have been raised 12" and pulled to the stop box to conform to the city code. This is not impossible as stated by Mr. Van Milligan in paragraph 7 of his statement. If it was pulled under the sewer line why couldn't it be raised and pulled above the sewer line so it would be in compliance with the city code? It is about 36` 4" from the city water main to the new stop box. It is 25' from the new stop box to the edge of the curb where the break occurred. If the water line was raised 12" and pulled through correctly, the licensed contractor, hired by the city, would not have been in violation of the Dubuque City code. It seems that if the City of Dubuque would charge an extra $1200.00 for a new water line from the new main to the new stop box it would be done according to the Dubuque City code. The City engineering department has oversight of the private contractors hired by the city and city inspectors have enforcement responsibilities to make sure the code is followed as it would be required of any other contractor working in the city. So it would stand to reason that when the City of Dubuque hires a licensed contractor, then the contractor would be required to follow the city code. If the contractor does not have to follow the code, then who in City hall has the authority to waive this code? According to the code this water line was put in against the code regulations. Therefore, the city should not be collecting money from a job that was completed against their own code. The City of Dubuque should pay this home owner's bill resulting from work completed by their contractor that was not completed according to city code. I know for certain that if other private contractors violate city code, their pemits are not okayed until the violation is corected. Gerald Hirsch THE CITY OF Dubuque -... DAB E A~~~~ Masterpiece an the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Hirsch Claim against the City DATE: July 16, 2008 Public Works Director Don Vogt has provided additional information related to the appeal by Gerald and Barbara Hirsch of their denied claim about repairs made to their main sewer line. Public Works Director Don Vogt has collected the following information related to the Hirsch's claims that they had problems with their sewer line since 3~d Street was redone in 1997, and that the City installed a water service line in violation of City code: 1) A sanitary sewer backup at the noted address was reported to the City on November 13, 2007. A Public Works Department sewer maintenance crew was dispatched to the scene and subsequently found the City's main sanitary sewer to be functioning properly. This information was immediately conveyed to Mrs. Hirsch, along with the crew's opinion that the cause of the backup was in the Hirsch's sewer lateral. 2) The Hirsch's then hired Mr. Rooter Plumbing to try to open their sewer lateral. Mr. Rooter encountered roots in Hirsch's lateral and suspected broken or offset pipe. Mr. Rooter then attempted to televise/inspect the pipe, but the camera became lodged due to offset pipe sections. Drew Cook and Sons Excavating was then hired to excavate the lateral, extricate the camera, and assist with making repairs. While the attached Mr. Rooter reports note broken clay and cast iron pipe, it is the recollection of Cook Excavating staff that no broken pipe were found, but that the pipe the Mr. Rooter camera was lodged in was severely offset. 3) The house at 757 West 3~d has been in the possession of Mrs. Hirsch since 1987. City records indicate that the Hirsch's sanitary sewer lateral had been installed in 1903. 4) The copper water service line cited in the Hirsch claim was installed by a City contractor in 1997 as part of the West 3~d Street reconstruction project. Its replacement of the prior lead service line on City right of way was and still is mandated by City Code. 5) The tree cited in the claim is a 26" diameter green ash. It is on City right-of-way between the walk and curb and is at least twenty years old. 6) Neither the Public Works Department's records or the City's Incident Tracking system show the City receiving a report of sewer problems at 757 West 3~d Street from 1997 to November 13, 2007. Nor is there any record of sewer problems at that address being reported to the City from 1990 through 1997. 7) The Uniform Plumbing Code in effect in Dubuque at the time of the Hirsch water service line replacement required that a water service line be at least 12" above and to the side of a sewer lateral. Since the replacement of Hirsch's lead water line within City right-of-way was/is required by City Code, and Mr. and Mrs. Hirsch chose not to replace their lead water line from the stop box connection to their home, installing the City's portion of the line in a separate trench or realigning it was made virtually impossible. This information seems consistent with the denial of the claim. l/ Michael C. Van Milligen MCVM/ems Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director Dubuque Public Works Department 925 Kerper Boulevard THE CITY OF ~ Dubuque, Iowa 52001-2405 NI-AmeiicaCdY Office (563) 589-4250 D~ ~ ~ 1 ' FAX (563) 589-4252 I I T"TY (563) 589-4193 publicworks@cityofdubuque.org Masterpiece on the Mississippi 2QQ7 www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager Public Works Director ~~ FROM: Don Vogt , ~~ SUBJECT: Hirsch Claim Against the City DATE: July 14, 2008 INTRODUCTION The purpose of this memorandum is to provide information regarding the sanitary sewer lateral serving the Hirsch residence at 757 West 3`d Street. BACKGROUND Gerald and Barbara Hirsch filed a Claim Against the City (attached) on April 7tH stating "Main sewer line was broken. The break was under curb, break occurred by either pulling copper line to stop box when West 3~d Street was redone or by city tree roots, as roots were in sewer line. Had trouble with sewer line since 3~d Street was redone." Mr. Hirsch also subsequently contended that his water service line was too close to and underneath his sewer line -supposed violations of the City's plumbing code that the City should have corrected when it replaced his lead water service line to his stop box. The Hirsch claim was denied in early June on the recommendation of Public Entity Risk Services staff. Mr. and Mrs. Hirsch subsequently appealed the denial at the June 16tH City Council meeting. DISCUSSION On June 24tH, City Engineer Gus Psihoyos, Water Department Manager Bob Green, and I met to discuss the claim. We concurrently consulted with our support staff, City Forester Steve Pregler, the Building Services Department, and the two contractors who repaired the Hirsch sewer lateral last November. The salient points of information that we were able to garner are: 1) A sanitary sewer backup at the noted address was reported to the City on November 13, 2007. A Public Works Department sewer maintenance crew was dispatched to the scene and subsequently found the City's main sanitary sewer to be functioning properly. This information was immediately conveyed to Mrs. Hirsch, along with the crew's opinion that the cause of the backup was in the Hirsch's sewer lateral. Service People Integrity Responsibility Innovation Teamwork 2) The Hirsch's then hired Mr. Rooter Plumbing to try to open their sewer lateral. Mr. Rooter encountered roots in Hirsch's lateral and suspected broken or offset pipe. Mr. Rooter then attempted to televise/inspect the pipe, but the camera became lodged due to offset pipe sections. Drew Cook and Sons Excavating was then hired to excavate the lateral, extricate the camera, and assist with making repairs (see attachments). While the attached Mr. Rooter reports note broken clay and cast iron pipe, it is the recollection of Cook Excavating staff that no broken pipe were found, but that the pipe the Mr. Rooter camera was lodged in was severely offset. 3) The house at 757 West 3`d has been in the possession of Mrs. Hirsch since 1987. City records indicate that the Hirsch's sanitary sewer lateral had been installed in 1903. 4) The copper water service line cited in the Hirsch claim was installed by a City contractor in 1997 as part of the West 3~d Street reconstruction project. Its replacement of the prior lead service line on City right of way was and still is mandated by City Code. 5) The tree cited in the claim is a 26" diameter green ash. It is on City right-of-way between the walk and curb and is at least twenty years old (see attached photos). 6) Neither the Public Works Department's records or the City's Incident Tracking system show the City receiving a report of sewer problems at 757 West 3~d Street from 1997 to November 13, 2007. Nor is there any record of sewer problems at that address being reported to the City from 1990 through 1997. 7) The Uniform Plumbing Code (attached) in effect in Dubuque at the time of the Hirsch water service line replacement required that a water service line be at least 12" above and to the side of a sewer lateral. Since the replacement of Hirsch's lead water line within City right-of- way was/is required by City Code, and Mr. and Mrs. Hirsch chose not to replace their lead water line from the stop box connection to their home, installing the City's portion of the line in a separate trench or realigning it was made virtually impossible. ACTION STEP This is for your information, as directed. CC: Barry A. Lindahl, City Attorney Gus Psihoyos, City Engineer Bob Green, Water Department Manager Rich Russell, Building Services Manager Attachments 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. The claim must be filed with. the Cty`Clerk of City Hall, 50 West 13th St., ::, . ~., Dubuque;.,lA 52001. It will then:be referred to the appropriate department for. :; investigation and, to the City Attor e s Office. 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: ~ e! v' /~ ~-' G ~~ ~L ~ "'' `'S~ ~--- 2. Address: ,zs~ 7 ~. ._ ,` 3. Telephone Number ~~ ~ ' S's'~ - 3 3 S'~S 4. Date of Incident: /~-/,~'- ~ 7 0~ ~ ~'-~~~~ 5. Time of Incident: S~~~e 1 ~^~~y~~ / ~`` ~if~ ~~~~ r~oT 6. Location of Inoident-(Be specific): 7. Describe the 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.) .-r.~,•.~l .S~we''r ~ii~~ ~vds 6roff'e~;/, ilia h~^~a~C~~~ [. ~. ~ ~ ~~ o~T` . ~s reoT Hv ~ s a/~ t' ~ C 3' ,f~ S~ ~ C 3 ~ ST. 8. What were weather conditions like? _ ~ ar 9. Give name and address of anylwitne/s~ses: ~/' m Od' ~ ~/V!/f N ~' L. ~.f/' ~dV' /7 r 10. Did police investigate? (lf so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). ~~ 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.) -,yiJ/J n L./i/E' .JLtL~ C° TO cs~0p /~/l~/`~• fJf~+ ~ i~ C /~' D ~ b cfb T/'' ~ ~ 'Th ~i T tr. ~'~ " ~.~ z ~ /v T ~ ci !~'~/~ T" ~'~ L' I'd a TES ~ H~ w ~'/5!7`D ,~'--r~ wG r _~ G crus i'/~~'- Sc°kic~~` L,i ~/~ vTo, ,b•y~~~_ 13. What other damages do you claim, if any? iQ~ ~- a ~ ~,~ ~ ~ S ~ ~c r 4 ~~c' ~nr ` J ~ 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.) o~yr.,r.s. _.. ~~ % ~ are ,,~ ~ ~-/S c~T~'v~ ~~'k ~~-s/ r~~ ~ c ~ rr~ ~ ./% ~~ h Tri h ~! ~ i i/tv ~/ •- ._ _ 15. What amount do you claim from the City of Dubuque? ~/ ~y ~~~~o T~v~ sq l 7L 16. Why do you claim the City of Dubuque is responsible? ~ /^~~ L i'~C`' 1it-.~ S C'' i ~7"-~~ ~ ~^ fJ' i~a.~~ N._ f%ri~. ~'~/... ~r:~7c' i^ - ,t•,~- ~v.~ ~ L. l.~f~ ~i~_ _-; t~' o nit ~ ."~.~ y ~ ~ u~b - ~ ~~ hOO'T . 17. Have you made any claim. against anyone else for damages as a result of this inc'dent? (If yes,' give name and address.) b 18: If the answer to Question 17 is yes, .have you received any payment from that source, and if so, in what amount? Dated this jT/ L/ day of 1~,~~ir~ , 20 v ~ . _ bl._'a,~~ngnQ (Signature) ~0 ~6 ~'~ L- add 8f~ (Print Name) ~~~1~J~~ x J a w ~\; 0 w N M~M ~}i O N C ~¢o W' ~ O a~ m ~ .-. O°°w a~n.~ oo^^ o ^ ~ ~ Q ~ W ~ U ~ ~ ~ r? ~ W ` W W . ,~,, a u~ C ~ 3 o ~,- r ~ 3~ a ~ ~~ ~ ~ i J W x ~Y~~~~~~ ~ ~~ ~ M o- M m ~ ~ ~ ~ ~ ~ 33 ~ ~5 ~ ~ ~ u • W ~.. ~ pa o000 x x ~ ~' ~~~W g D ~ ~ ~ AIL '~ Zi ~ Z w Z ~ U w Z V w Z V I ~ ~~~,~ ~ OE ~ ~ i a v ~, o a ~ o a =W ,. 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(d) Each cleanout shall be installed so that it opens to allow cleaning in the direction of flow of the soil or waste or at right angles thereto, and except in the case of wye branch and end-of-line cleanouts, shall be installed vertically above the flow Line of the pipe. (e) cleanouts installed under concrete or asphalt paving shall be made accessible by yard boxes, or extending flush with paving with approved materials and be adequately protected. (f) Approved manholes may be installed in lieu of cleanouts when first approved by the Administrative Authority. The maximum distance between manholes shall not exceed three hundred (300) feet {91.2 m). The inlet and outlet connections shall be made by the use of a flexible compression joint no closer than twelve (12) inches (304.8 mm) to, and not farther than three (3) feet (0.915 m) from the manh.ole_ No flexible compression joints shall be embedded in the manhole base. Section 1108 -Sewer and Water Pipes Building sewers or drainage piping of clay or materials which aze not approved for use within a building shall not be run or laid in the same trench as the water pipes unless both of the following requirements are met: (1) The bottom of the water pipe, at all points, shall be at least ~ twelve (12) inches (.3 m) above the top of the sewer or drain line. (2) The water pipe shall be placed on a solid shelf excavated at I one side of the common trench with a **+ini*+•um cleaz horizontal distance of at least twelve (12) inches (.3 m) from the sewer or drain line. Water pipes crossing sewer or drainage piping constructed of clay or materials which are not approved for use within a buildutg shall be laid a minimum of twelve (12) inches (.3 m) above that sewer or drain pipe. Nore: For the purpose of this section, "within the building" shall mean within the fixed limits of the building foundation. S2CtlOn 11 O9 -DELETED Section 1110 -Location (a) Except as provided in subsection (b) of this section, no building sewer shall be located in any lot other than the lot which i;> the site of the building or structure served by such sewer nor shall any building sewer be located at any point having less than the minimum distances indicated in Table 11-1. (b) Nothing contained in this Code shall be construed to prohibit the use 102