Insurance Claim by Leonard DressTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Leonard Dress Insurance Claim
DATE: January 14, 2009
Public Works Director Don Vogt is recommending settlement of the claim of Mr.
Leonard Dress, 541 Groveland Place, for vehicle damage. Mr. Dress' claim was
originally denied in September of 2008. He had previously cited $675.98 damage to the
underside of his vehicle on August 26th due to "ruts" in the alley behind his home.
After further investigation and a check of the City's Incident Tracking program, there
appears to be adequate evidence that the City received multiple complaints regarding
the condition of this alley prior to Mr. Dress' accident.
concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/js
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Don Vogt, Public Works Director
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogt, Public Works Director
SUBJECT: Leonard Dress Insurance Claim
DATE: January 14, 2009
INTRODUCTION
The purposes of this memorandum are to provide information and recommend a
course of action regarding the vehicle damage claim of Mr. Leonard Dress of 541
Groveland Place.
BACKGROUND
Mr. Dress' claim was denied in September. He had previously cited $675.98
damage to the underside of his vehicle on August 26th due to "ruts" in the alley
behind his home.
DISCUSSION
Street and Sewer Maintenance Supervisor John Klostermann and I visited with
Mr. Dress and his neighbor, Mr. Dion Harrington, on the afternoon of October
31St. Mr. Dress noted that the cited ruts had been repaired by one of our crews
subsequent to August 26th. Mr. Harrington said that he had twice complained
about the condition of the alley over the last year -once last fall and again in the
spring. He said he believed his calls had been received "at City Hall". A check of
Incident Tracking shows that our office also received multiple requests to repair
the alley over the last two years. It was our impression at the time that the 2007
requests we logged had been addressed after each was received. Incident
Tracking also shows two requests for alley repairs were received in 2008 -both
on August 25th. The first request was to patch the alley at the new driveway
approach at 541 Groveland. The second request, from the Engineering
Department's Tom Kopp, was that we "tack next to 541 Groveland approach area
in alley". I did talk to Mr. Kopp regarding these two entries in Incident Tracking.
His recollection was that he drove the alley on the 25th in response to a request
received from Mrs. Dress that the City patch the Dress' new drive approach
where it meets the alley. He also recalls calling in the two Incident Tracking
requests to our office -the first for the driveway approach behind 541 and the
second for Mr. Harrington's driveway approach. He said his request to "tack next
to 541" was in reference to Mr. Harrington's driveway approach -not in regard to
the alley itself. Our crew that subsequently placed asphalt at the two driveway
approaches on the 27th of August, on its own initiative, did place and roll asphalt
to repair ruts in the exact area cited by Mr. Dress. This area is approximately
100' north of Mr. Dress' property.
In summary, there appears to be adequate evidence that the City received
multiple complaints regarding the condition of the alley prior to Mr. Dress'
accident. Also, our crew sent to complete the City's portion of Mr. Dress' new
drive approach found the alley defect cited by Mr. Dress in his claim serious
enough to immediately make repairs on their own initiative.
ACTION STEP
As a result of the information noted above, I recommend settlement of Mr. Dress'
claim in his favor.
#44926 06/11/2007 2:42 PM John Klosterman
STREET MAINTENANCE: POTHOLE REPAIR REQUEST
LORRAINE DRESS
541 GROVELAfJD PL
563.556 8717
541 GROVELAND PL
ALLEY, 6-7-07 BEHIND
#47330 08/07/2007 2:49 PM John Klosterman
STREET MAINTENANCE: POTHOLE REPAIR REQUEST
Harrington, Dion
495 GROVELAND PL
553.589.5672
495 GROVELAND PL
patch alley. washed out. Whole alley in bad shape. Between Groveland & O'Neill west side.
7/31/07
#43186 05/14/2007 12:24 PM John Klosterman
STREET MAINTENANCE: SINKHOLE
Jungk, Bill
5G0 GR~>VELAND PL
553.589.4177 ext. ~~;ork
500 GROVELAND PL
Sinkhole in alley behind 500 Groveland. Brunswick area. By utility pole. 4
#62721 08/28/2008 9:50 AM John Klosterman
STREET MAINTENANCE: ASPHALT CONTRACTOR CURB & DRIVE APPROACHES
541 GRi)VELAND
5h3.000 0000
541 GROVELAND
patch at drive approach. 8/25/08
#62722 08/28/2008 9:52 AM John Klosterman
STREET MAINTENANCE: ASPHALT CONTRACTOR CURB Ht DRIVE APPROACHES
GP~`~VELAfJD
5~ ' 900.0000
GROVELAND
tack next to 541 Groveland approach area in alley. per TK. 8/25/08
. CITY OF DUBUQUE PUBLIC WOKS DEPARTMENT DAILY CREW REPORT
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JOB EQUIPMENT
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