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Claim by Heidi GoinCity of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Elliott Claim Goin Claim Manternach Claim Merz Claim Reisdorf Claim Skrocki Claim Stewart Claim Wiegel Claim Copyrighted October 2, 2017 Consent Items # 2. Notice of Claims and Suits Michael and Vi Elliott for property damage, Heidi Goin for property damage, Sue Manternach for vehicle damage, Kelly Jean Merz for personal injury, Joseph Reisdorf for personal injury, Aaron and Ashley Skrocki for property damage, Sydney Stewart for Toss of property, Jade Wiegel for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation CLAIM AGAINST THE CITY OF DUBUQUE, IOWA tabu 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: P\ e - t ( G 0 2. Address: ?Si r ni94Ar'J 3. Telephone Number - - b 7 4. Date of Incident: 5. Time of Incident: 9.30 Ayr\ 6. Location of Incident (Be specific): Lc -k y arA 0 F 36- gi mp60,t i- ctl Io9w�J 7. Describe the accident or occurrence that causedih or damage" (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) C:i+v ©tor►prA -Free..-1 a ri c -1)(--v D mate, .4-y> �%/ o my C - u lrvv i✓ F- ..r4 e e C cr (JI vic b Fi t ©G wias P- c -;• toci firm R en9 rel I win P OvNe i �-dt�►� Ui r,��- D r!IJrara sh;)0, 8. What were weather conditions like? o'r +\ e k1,nr+ rz) -i-,ree.. F / ; 0r J , Ca /WI j 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) ,i0 51/66,! 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.) \les, /-7=1/ ON cc- -7-0 4 -he- g r-ac.r not-. c:;(f) Th c_kcki:1/44 1„.L Jr Nee.,j-/Li 13. What other damages tirrye44-Glaim..if-artf? 2- 6 5 F e - ., • , -TO Gkee{ ect-k-lin 0..‘1, 4--. --T ea. rrp I e.c) , Tool a -i -As , hrocconi ,cr.eN.1,40c,ed ant.,,. peeperg.. bealrls... Rol -0 --t-i t‘It`A `‘_\ 0 F caket-ratev-, a a5,06 4150 gelUele.oi Q! t1o5i-a...5 pleini”. 4- „av5e0 hy pi-,chiee. 14. Have you been compensated for any part or all of your claim by any 1 NO") i'' °' 76 bil. insurance company? (If so, give name and address of insurance company and 41 ,3, amount paid.) $a57 Al -.1L5 15. What amount do you claim from the City of Dubuque? -0565".O C r Rc po r T�FN 4,(4 1.1) c5F 9 41,41/41 , 45t C •••• 16. Why do you claim the City of Dubuque is responsible? Se.-ra ch e 7- 7-e r For ekPkik-Icr+10A), 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) Nb 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 c25 day of (Signature) NE/Di G° (Print Name) 20 1 7 0 9/25/2017 City Clerk's Office City Hall 50 W. 13th Street Dubuque, IA 52001 REGARDING: CITY TREE FALLING ON PROPERTY OWNERS FENCE CAUSING DAMAGE To whom it may concern: Attached is a claim for damage to my chain link fence following a city tree falling on it7/22/17. The following is enclosed: - Completed claim form - One estimate for repairs. (It was hard to get anyone to return my calls let alone come over for estimate) - 4 photos of damage - Answer to question # 16- Why do I claim the city is responsible? Sincerely, Heidi Goin In answer to question 16: 16. Why do I claim the City of Dubuque is responsible? - The city was contacted several times (previous to the tree falling) by Mr. Tigges regarding the condition of the rotten, leaning tree. (Mr. Tigges is the brother to John Tigges who lives behind me at 2230 Coates) - The tree sits on city property in the city owned alley behind my house; it's the cities property that caused damage to my property by no fault of my own. - I've lived here for 15 years and have always paid my property taxes on time. Over $27.000.00. I feel that I have done my share in being a responsible citizen. - I am a single woman living by myself struggling to get by living paycheck to paycheck. I am considered low income and would be willing to provide a copy of last year's tax return if requested. - I should not have to file a claim with my insurance which would cause my premiums to rise for the future. I do not have the financial resources to pay for the repairs now or the increased premiums. - And finally, it's the right thing to do. Estimates: I have called several fence companies for estimates, but only one has showed up - see enclosed. Other comments: - The tree fell on 7/22/2017. After 7 phone calls to the city, the tree was removed 6 weeks later on 9/1. I was more than patient in waiting for the removal. -During that time (6 wks), I could not mow under the tree which covered a 23' x 25' area. Upon removal, it took me 3 hours to: pick up debris, mow high, pick up debris, mow low, pick up debris, rake and remove debris. - Since the fence was on the ground, the deer came in and destroyed my garden that I had planted to supplement my food budget. Everything was eaten as well as 21 hostas plants. I estimate a total loss to nye for tilling, seeds, plants, fertilizer, vegetables I lost and now have to purchase, to be $88.00 - Why didn't the city remove the remaining rotten tree on 9/1/17? The remaining tree will also fall at some point and fall on my fence. f would like it noted that I, Heidi V Goin of 2235 Simpson is notifying the city of the condition of the rotten tree in the city alley that was left remaining. It too will fall some day. 9/18/2017 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) Medical/Health Information 3) Personnel/Disciplinary Information 4) Bank Account Information 5) Financial Information 6) 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. 1, ! i 1:.. /0 i V r t.,s' C t IQ include the following protected information: , hereby certify that the attached documents Social Security Number(s) Bank Account Information Medical/Health Information Financial Information Personnel/Disciplinary Information Credit Card Number(s) 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 7 I have read the information above and do not have any confidential documentation to submit to the City of Dubuque as. part of this Claim Against the City Signature Date Copyrighted October 2, 2017 City of Dubuque Consent Items # 3. ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Heidi Goin for property damage, Sue Manternach for vehicle damage, Kelly Merz for personal injury, Joseph Reisdorf for personal injury, Sydney Stewart for property loss, Jade Wiegel for vehicle damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Staff Memo THE CITY OF DUi1JE MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: September 26, 2017 RE: Claim Against the City of Dubuque by Heidi Goin Claimant Date of Claim Date of Loss Nature of Claim Heidi Goin 09/26/17 07/22/17 Property Damage This is a claim in which claimant alleges that a City -owned tree fell onto claimant's property and damaged claimant's chain Zink fence. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager Steve Fehsal, Park Division Manager Tom Kramer, Urban Forester Heidi Goin OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 1 FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org