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Claim Response Colson, KarenBARRY A. LINDAH~ CORPORATION COUNSEL, CITY OF DUBUQUE MEMO TO: DATE: RE: Claimant Karen Colson Mayor Terrance M. Duggan and Members of the City Council October 28, 2002 Claim Against the City By Karen Colson Date of Claim Date of Loss 10/22/02 10/15/02 Nature of Claim Property Damage This is a claim in which claimant states that her garbage can was broken by City of Dubuque Sanitation crew. According to the report of Paul Schultz, Solid Waste Management Supervisor, it was determined after speaking with his refuse crew that the container was damaged in normal crew handling. The wheel broke off when the customer's full refuse container was pulled from the curb onto the street in the process of moving the container to the truck. It is therefore the recommendation of Mr. Schultz to approve this claim for the amount of $10.87. The Legal Department concurs with this recommendation. BAl_/tls CC: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Management Supervisor Karen Colson SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MWCI.NET T-~5~0~ FRI 02:5? PM DUBUQUE PUBLIC WORK$ FAX:56~ 589 4252 PAGE 1 October 25, 2002 TO: FROM: SUBJECT: Barry A. Lindahl, Esq., Corporation Council Paul F. SchuRz, Solid Waste Management Supervisor~..~ Claim of Karen Colson The ctaim and estimate is approved as filed. From my conversation with the refuse crew, the referenced refuse container was damaged in normal crew handling. The wheel broke off when the customer's full refuse container was pulled off the higher than normal curb onto the street in the process of moving the container to the truck. The container was made of a less expensive, hard plastic and of a brand that has proven to be unsuitable for normal solid waste handling in our climate, City ordinance Section'40-18 (b) requires that containers used for solid waste disposal must be' -SuRable% "sturdy~ and may be =plastic containers which do not become briffle in COld weather". t would approve the c{aim for the $10.87 if the customer would purchase and use a.suitable container that is sturdy enough for the heavy-duty application of solid waste handling.