Claim Response Pape, Garry JBARRY A. LINDAHL, E~
CORPORATION COUNSB~L, CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
Garry J. Pape
Mayor Terrance M. Duggan and
Members of the City Council
October 16, 2002
Claim Against the City By Garry J. Pape
Date of Claim Date of Loss
10/03/02 09/22/02
Nature of Claim
Vehicle Damage
This is a claim in which claimant states that while his vehicle was parked in front of his
residence at 2824 Balke Street, a branch was blown from a City tree and landed on
claimant's vehicle
According to the report of John Hail, Park Division Manager, the Park Division received a
request from claimant regarding this tree on August 19, 2002. The request stated that on
the previous Fdday (August 16, 2002), a branch blew out of the tree and was laying at the
base of the tree near the curb. Mr. Hail reports that the Park Division did not receive a call
from the claimant on or near the date of September 22, 2002, when the alleged damage
occurred, nor were the police notified.
It is therefore the recommendation of John Hail to deny this claim. The Legal Department
concurs with this recommendation.
BALJtls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Hail, Park Division Manager
Garry J. Pape
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 ! EMAIL BALESQ~MWCI.NET
Leisure Services Department
2200 Bunker l-~dll Road
Dubuque, Iowa 52001-3010
(563) 5894263 office
(563) 58974391 fax
(563) 5894193 7DD
October 9, 2002
Mr. Barry A. Lindahl
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, .Iowa 52001-6944
RE: Claims against the City of Dubuque by Garry J. Pape
Dear Barry:
I have talked with Steven Pregler, City Forester, and checked our records
back to June 30th, 2002, for tree work orders. First of all, the tree is not located
in front of his residence. The tree is adjacent to his next-door neighbors'
residence. Secondly, we did receive a request from Mr. Pape on August 19th,
2002. (see enclosed copy of work order) Our forestry department responded to
the work order the next day and picked uP the branches.
The sidewalk is raised adjacent to the two trees in front of 2816 Balke.
Jane Smith from our Engineering Department has been in contact with the
neighbor. The neighbor has the option of either keeping or removing the trees.
We are waiting on that decision.
The night in which the truck was damaged was stormy. We had six (6)
other calls to pick up downed branches the following Monday. We were not
called to pick up the branch that did the damage, and police were not notified.
Our question is why were we not called when the damage was done? It is my
recommendation that the claim be denied.
On October 8th, 2002, Steve Pregler checked the condition of the tree and
found some small branches or twigs in the tree, but nothing that would cause
damage, mature Ash trees have dead twigs)
Park Division Manager
JJH:jlr
enclosure
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