Loading...
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 Service People Integrity Responsibility Innovation Teamwork