Claim Furhman Mary McAleeceMary McAleece Fuhrman
1305 North Grandview Avenue
Dubuque, Iowa 52001
(319) 588-8009
marfuhr~mchsi.com
Dubuque Iowa City Clerk
City Hall
50 West 13t~ Street
Dubuque, Iowa
July 8~ 2002
To Whom It May Concern;
Enclosed you will find a claim form against the city of Dubuque and copies of all
appropriate docmnentation- including letters previously sent to the Engineering
department. I can furnish on request an itemized list of the articles and equipment lost
from the recent flooding. As I stated on my claim form, I was told by the SBA that I
have $16,400.00 wo~nth of structural damage and $8,500.00 worth of lost furnishings.
As you will note from this documentation, I had requested certain information
from the City Engineers department and to date have not received the courtesy of a
response of any kind.
I refuse to proceed in making repairs to my home until I am confident that the city
has done their part to prevent future sewer back up and run-off into my home. I cannot
put tens of thousands of dollars into repairs that will be necessary again aiter another
rainfall. As you will see from the enclosed documentation, I have lost the total contents
and use of my garage and basement for the third time. The value of my property is
seriously diminished due to this fact. More than likely my insurance rates will increase
as well as I will now be required to take out flood insurance (according to the FEMA
worker who surveyed my home and damages). My neighbors did not experience the
three feet of water that I did and this must be due to the poorly placed and inadequate
sewer access grate in the alley behind my home.
I have clearly demonstrated patience with the city in correcting the inadequate
drainage and sewer problems around my home. But I now demand some kind of answers
and I will do whatever necessary to get them at this point in fane, including making
FOIA requests to the various departments of the city as well as pursuing retribution from
the city for negligence. Of course I would rather come to an amicable solution to this
issue and to that end I hope I receive a response of some kind very soon.
'anbnqn(]
Sincerely, .
Mary Fuhrman
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 W. 13th 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.
d
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:
3. Telephone Number: ~-~3-- ~--~'~"~
4. Date of Incident: ~/~/t~- ~,<~~
5. Time of Incident: 3; B 00./~ -'
6. Location of lncident (Be specific): ~'Z~'~O~
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
empl.oyee's name.) . __
--.-- - __ --t--
8, What were weather condition~ like?
10. Did police investigate? (If so, give names of officer~.)
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.)
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? ~-~-~~J_~---~
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.) ~
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 ., 20
' ~ ~ ' ~ {Signature)
(Print Name)
(Rev. 1/00 & 7/01)
To:
Subject:
Man/rschsLcom Email [marfuhr~mchsi.com]
Monday, June 24, 2002 6:30 PM
ecoyle~wcinetcom
F~ood Waters
I am reading with interest your articles on the storm sewers and flooding in
the Dubuque area and found the focus of the articles extremely refreshing.
I too have lost much, just like the individuals you have reported on thus far
in your series. I feel I have a story to tell that might also interest
readers and wake up the voters in our city.
I live in a beautiful neighborhood on North Grandview avenue across the
street from Allison Henderson park. The basement in my home was flooded in
93, 99, and again this June. Not just with a few inches of rain water but
close to three feet of sewer backup as well as water from a city storm sewer in
the alley that overflows with runoff and then proceeds directly down my
driveway into my garage and eventually my basement. My neighbors did not
experience the flooding that I have due to the layout of the alley and
configuration of the storm sewer.
I can't begin to tell you how devastating this has been for me. I lost the
total contents of my garage and my basement the second time in three years.
Two cars have been totaled as they were floating in my garage. A 1997
Pontiac GrandAM and most recently a 1999 Toyota camry. Other ite~as lost
are: water heater, furnace, washer & dryer, dehumidifer, two bedroom sets
and contents from a family room. I cannot afford to replace the paneling
and carpeting a second time. I do not have flood insurance since I am not
in a flood plain. On top of the direct financial loss, I also have had to
take a number of days off of work in order to clean up and dispose of the
ruined items. Ail I have to rely on for recovery is a sewer ~ack up ri_dg~ .
on my homeowner's policy and potentially a lawsuit against the city of
Dubuque. I most likely will lose coverage from my insurance company due to
the large amount of claims I have filed for in the past years. If/when I
find a new insurance company that is willing to insure me, my rates will
most likely increase and I can't say as I blame them. I see no option other
than to cement up my garage and then I would have to pay to have a detached
garage built in its place - which I cannot afford now or anytime in the near
future. My property value will diminish greatly without a garage and a basement so it
could make selling my home very difficult if not impossible.
I wrote my senators and representatives and Mr. Duggan after the flood in
1999. The representatives and senator responded, but Mr. Duggan did not.
The lawmakers advised me to take up the matter with my city. I did meet
with Mr. Deron Muehring from the City Engineers office after the flood of
1999 and I have a copy of a letter from him dated 10/04/99 stating the city
was developing estimates for various designs each aimed at alleviating
future flood d~mage to my home. He ended his letter with "I will keep you
informed as we proceed through each step of the CIP process and more
information about the proposed project becomes available." Needless to say
I never heard from him again. [At one time after the last flooding, city
engineers did come out and apparently tried to prevent me from flooding
again, but obviously their attempts failed and potentially made things
worse.] This is why I am pursuing the option of a lawsuit against the city
for myself and potentially others similarly situated. I pay my taxes like
everyone else and I don't expect my home to be flooded and destroyed every
couple of years. FEMA comes through and offers low interest loans, but I
can't afford that either.
I hope you continue to pursue this after the series is completed and keep us
informed with updates. If you need to reach me you can contact me at work
(563) 588-0121 ext. 224 or at home in the evenings at 588-8009. Thanks for
listening and thanks for the well written series. Your articles help raise
awareness that this isn't simply an issue that happens with a rain every 100
years.
Sincerely,
Mary Fuhrman
Mary Fuhrman
1305 N. Grandview Avenue
Dubuque, Iowa 52001
(563) 588-8009
June 28, 2002
Mr. Mike Koch
Public Works Director / City Engineer
Engineering Division - City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
Dubuque, Iowa 52001
Dear Mr. Koch:
In response to my contacting the city as a result of my home flooding in 1999, I
received a letter written by Deron Muehr~g, a Dubuque Civil Engineer, dated October 4,
1999 (copy attached). In that letter he stated, "We will be developing costs estimates for
various desjgn~> each aimed at alleviating future flood damage to your home." He ended
his letter by stating "I will keep you informed as we proceed through each step of the CIP
process and more information about the proposed project becomes available."
I have not heard from Mr. Muehring - or anyone else from the city - since that
1999 letter. During the rainstorm on June 4 of this year my home again was flooded and
received substantial damage. I have now experienced a devastating loss twice in the past
three years as a result of the city of Dubuque's inadequate drainage syster~
I would appreciate a detailed response from your department on how the city of
Dubuque is planning to remedy the poor drainage situation and the timeline for
implementing this plar~ I cannot use my garage or basement until the problem is
resolved. My property value is seriously diminished so I will be unable to sell my home
until this problem is resolved.
I am requesting copies ofhoth the storm and sewage disposal plans in and around
my home which is located at 1305 North G-randview Avenue. Please feel free to contact
me at (563) 588-8009 with any questions.
Sincerely,
Mary Fuhilnan
Engineering Division
50 West 13th Stree~
Dubuque. Iowa 520014864
Office (319) 5894270
Fax (319) 589-4149
October 4, 1999
Mrs. Mary McAleece Ful~,-,-,an
1305 North G-randview
Dnbuque, IA 59_.001
Dear Mrs. Fohrm:~n:
.I would like to thank you again for meetin~ with me and discussing the stormwater drainage
~ssues near your home.
We will be developing cost estimates for various designs, each aimed at alleviating future flood
damage to your home. A preliminary design will be selected and rec, ommellded by the
Engineering Departmem as a Capital Improvement Project (CIP) within the five year budget.
In addition, to answer your inquiry there is no statute of limiW~tions pertaining to claims against
the City of Dubuque. There is a five year statute of limitation for a lawsuit against the city
dealing with property damage.
I will keep you informed as we proceed through each step of the CIP process and more
information about the proposed project bccomes available.
cc: Mike Koch, Public Works Director
Gus Psihoyos, Assistant City Engineer
Sincerely,
Deron Muehring
Civil E~glne~2r, City of Dubuque (Iowa)
Service People Integrity Responsibility Innovation Teamworl~
TOM HARKIN
IOWA
WASHINGTON, DC 20510-1502
August 2, 1999
{202) 224-3254
TFY (202) 224~4633
Tom_Harkin@Harkin. Senate. Gov
AGRICULTURE
APPROPRIATIONS
SMALL BUSINESS
LABOR AND HUMAN
RESQURCES
Mary McAleece Fuhrman
1305 North Grandview Avenue
Dubuque, IA 52001
Dear Mary:
Thank you for e-mailing me with your concerns about how the
City of Dubuque is handling the problems with the storm sewer in
your area of the city. A member of my staff spoke to Mayor
Duggan regarding your situation and he was unaware of any long
term problems in your area of town. At his request I have
forwarded your e-mail to the City Manager and asked that he
respond directly to you.
You may want to consider asking the city to pay for the
damages to your home. If others in your neighborhood were
similarly affected, you may want to approach the city council as
a group.
It is my hope that this problem can be resolved to your
satisfaction as soon as possible. If I can be of further
assistance, please contact Beth Freeman in my Cedar Rapids
office. Best wishes.
TH/baf
Sincerely,
Tom Harkin
United States Senator
150 FIRST AVENUE, NE 210 WALNUT ST. 131 E. 4TH ST. 3E0 WEST 6TH ST 320 6TH ST.
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