Claim by Bert AmentTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
MEMORANDUM
BARRY LINDAHL
CITY ATTORNEY
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: August 25, 2008
RE: Claim Against the City of Dubuque by Bert Ament
Claimant Date of Claim Date of Loss Nature of Claim
Bert Ament 08/22/08 04/11 /07 Property Damage
This is a claim in which claimant alleges that a retaining wall located at 1025 Kelly Lane
was damaged after claimant drove her vehicle off of the wall at the radius where the
wall meets claimant's driveway. Claimant alleges that the wall was improperly designed
and inspected by the City.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Bert Ament
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EnnAIL balesq@cityofdubuque.org
RECEIVED
08 AUG 22 PM 1:34
City Clerk's Office
Dubuque, IA
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 City Clerk at City Hall, 50 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney'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:`. ,,-,w~~ '~
2. Address:
3. Telephone Number ~`j(v ~ - ~j ~`~ - 3 S ~ 7
4. Date of Incident: ~ -/f - ;~f>c~ 7
5.-Time of Incident: ~.` UU
6. Location of Incident (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.) _ !, ,~
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8. What were weather conditions like? - ~ t~-~-
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9. Give name and address of any witnesses: _ ~_ ~;, ~
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10. Did police investigate? (If so, give names of officers.)
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
~~
13. What other damages do you claim, if any?
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.) ^
15. What amount do you claim from the City of Dubuque?
16. Why do you claim the City of Dubuque is responsible?
> c'~c'/ C
17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
i
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 ~ day of , 20
f,. ~
( ignature)
(Print Name)
12. Was any damage done to property? (If so, describe property and the extent
of damacaes. Attach estimates of damages or describe basis for ascertaining
August 21, 2008
Honorable Mayor and City Council
City of Dubuque
50 West 11th Street
Dubuque, Iowa 52001
Re: Burt and Dave Ament
Segmented Retaining Wall
1025 Kelley Lane
Dubuque, Iowa 52001
Dear Mr. Mayor and City Council,
I was contacted by the above listed party to reconstruct a small part of their wall after Mrs. Ament drove
her pickup off of the wall at the radius where it meets the driveway. There were 3 blocks and the cap that
needed to be repaired. When I was on site, it was clear that the entire wall was leaning forward by about
2 inches or more. Photo # 1 taken in the center of the wall shows this forward lean.
It was my understanding that this wall was designed, constructed, and inspected under the City's
reconstruction of Kelley Lane. A call to the engineering division confirmed this. We meet with city
Engineer (s) on site and they confirmed that the above understanding to be true. Ron Turnner RLS
suggested that the wall was dedicated to the property owner after the wall was constructed A copy of the
deed indicates that a Crrant of Easement was granted by the previous owner for construction, but it became
null and void upon completion and acceptance of the construction. (copy enclosed for your information)
The property pins with a surveyors cap with RLT are behind the wall, indication that the wall is on city
right of way.
The City Engineer( s) stated that the wall design was only to 2 (tall) high but the property owner wanted
it higher and the City agreed, and paid for the addition.
It is our contention that the wall should have been reengineered to accommodate the difference in
elevation, and critical items in the design of the wall were left out i.e. geo grid and non woven textile as a
separation between the soil and stone. It our further contention that the wall is on City right of way, and as
a result the wall is the property of the City of Dubuque, since right of way can not be dedicated to a privet
property owner, without the proper documentation and relocation of survey pins.
After meeting on site, with engineering staff, it became clear they were not going to repair the wall since
they maintain that the wall was dedicated to the property. We were engage by the Ament's to dismantle
the wall, document what was there, and reconstruct the wall, as well as help them recover compensation
from the City for the reconstruction of what they contend, and I would concur, is a City owned wall.
When the wall was dismantled the enclosed photos were taken, and an expiation of each photo is given
2813 Jackson Street Dubuque IA 52001
ouBUauE, ~a
563 582-1296
Photo # is explained above. Photo # 2 indicated 3 courses of the wall and there is no geo grid. Photo # 3
indicates the admixture of stone and soil, # 4 indicates the the line was placed, but not properly bedded in
clan stone. Photo # 5 clearly indicates the absence of geo grid at the 2nd course.# 6 indicates the
admixture of soil with the stone.# 7 indicates the absence of clean stone behind the wall and lack of geo
grid. Photo # 8 shows the wall with a forwazd lean at the base course. Photo # 9 indicates the lack of clean
stone and geo grid behind the wall as well as the lack of geo textile material.
When the wall was reconstructed photo # 10 and #11 were taken. Photo 10 indicates geo grid being
installed and the envelope (excavation behind the wall) filled with 3/4" clean stone.
the geo grid is placed on the 2nd & 4th course of the wall. Photo # 11 indicates a non woven geo textile in
place prior to the placement of top soil and sod.
It is our contention that, if indeed the wall was built to a height taller than what was indicated on the
original set of drawings, it should have been reengineered, regardless of who requested the additional
height. Since that was not done, and the wall is on City ROW, and the City caused the construction of the
wall, do to the reconstruction of Kelley Lane, provided inspection services, and acceptance of the finished
project we would pray that the City provide compensation to the Ament's for the amount indicated on
their CLAIMS AGAINST THE CITY OF DUBUQUE, IOWA form.
Thank you for your time in this matter, and if after review, you would have any questions please contact
me, and we can review.
Sincerely,
Wayne Klostermann president
River Valley Nursery Landscaping& Gazden Center
"The Sustainable landscape Company"
enclose: Photo 1 - 11
Copy of Grant Of Easement For Backslope And Property Adjustment
Jackson Street Dubuque IA 52001
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EASEMENT Filed October 3, 1996
-3-
11775-1996
For and in consideration of the sum of One Dollar ($ I.00) and other good and valuable consideration, the receipt
whereof is hereby acknowledged,
Gerald E. „ Cullen
1025 Kelly Lane
Dubuque, IA 52003
of Dubuque County, State of Iowa, For themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY
OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, a temporary easement across the follwoing
described real estate situation in Dubuque, Iowa, to-wit:
Lot 2-2-1-1-A of Block 3 of Parkland Ridge Subdivision
Said easement shall be null and void upon completion and acceptance of the construction project by the City
Council. Said easement shall be as shown on the attached Exhibit
backslope and adjusting, if necessary, the driveway and other improv~rttslocat d tlereonf in acco dance
with the Plans and Specifications currently on file in the office of tl~e City Clerk.
It is understood and agreed that the grantee herein shall restore the disturbed area due to the construction.
To have and to hold unto the said City of Dubuque, Iowa, for the duration of the project, and the undersigned
do hereby expressly covenant that they are the owners in fee of said real estate and have good right to
execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to
and egress from and over said real estate to maintain, remodel or repair said bakcslope thereon or therein.
Dated at Dubuque, Iowa, this ~_ day of C~~~
1996 j
l
STATE OP IOWA, `bG ~c(Q~-2.COUNTY, ss:
On this ~ day of '~r~'J,ry^
-~_, g D. 1996, before e, the undersigned, a Notary Public in and for said County,
in said State, personally appeared C~ ~ ra. l d ~. . ~ t{ ~.~ ~~ -
persons named in and who executed the wrthrn and foregoing instrument, to which this is attachednagd a ~ ~ ~ d~e~,
that they executed the same as their voluntary act and deed.
-Filed October 3, 1996
EASEMENT S'RANT nF EP-,Sx.,ivirNT I+OR BAC""* ^D"'' ~tvn PRnPF.RTY An.T~ISTMENT
117 7 6 -19 9 6 For and in consideration of the sum of One Dollar ($ I.00) and other good and valuable consideration, the
receipt whereof is hereby acknowledged,
~"~ Agnes M. Cullen
1025 Kelly Lane
Dubuque, lA 52003
of Dubuque County, State of Iowa, for themselves, their Heirs and assigns, do hereby grant, sell and convey
to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, a temporary
easement across the follwoing described real estate situation in Dubuque, Iowa, to-wit:
Lot 2-2-1-1-A of Block 3 of Parkland Ridge Subdivision
Said easement shall be null and void upon completion and acceptance of the construction project by the City
Council. Said easement shall be as shown on the attached Exhibit A, for the purpose of constructing a
backslope and adjusting, if necessary, the driveway and other improvements located thereon, in accordance
with the Plans and Specifications currently on file in the office of the City Clerk.
It is understood and agreed that the grantee herein shall restore the disturbed area due to the construction.
To have and to hold unto the said City of Dubuque, Iowa, for the duration of the project, and the undersigned
do hereby expressly covenant that they are the owners in fee of said real estate and. leave good right to
execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to
and egress from and over said real estate to maintain, remodel or repair said bakcslope thereon or therein.
Dated at Dubuque, Iowa, this ~Oday of ~~1~'%:- , 1996.
STATE OF IOWA, ,~~t b°~ `"~-+~ COUNTY, ss: ~,,;.:~~~~:~~~';:,
On this ~-j~ day of ii • ~ • , A.D. 1996, before me, tl-e undersigned, a Notary P1i~lic; rf aridrdrSaid~County,
:: ~~,
in said State, personally appeared ~~~Q-S iti~ ~'~ ~~t~~~ t~me:'Kii , n to be tfre identical
persons named in and who executed the wUhin and foregoing instrument, to which thesis atCac ~' ~; ~Q~ acknowledged
that they executed the same as their voluntary act and deed. l _l
Notary Pub~lid~In;and.For $aid County
EXHIBIT A-1
EXHIBIT A