Claim by Garrett Waterproofing, Filed by Clint Duffy•
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE: May 22, 2009
RE: Claim Against the City of Dubuque by Garrett Waterproofing, filed by Clint
Duffy
Claimant Date of Claim Date of Loss Nature of Claim
Garrett Waterproofing 05/14/09 04/23/09 Reimbursement Request
for Towing Charges
This is a claim in which the claimant alleges that its cement mixer was wrongly towed
while it was parked in front of 2610 North Grandview Avenue.
According to the report of Kim Wadding, Chief of Police, Police responded to 2610 North
Grandview regarding a traffic concern of an unattended cement mixer sitting on a steep hill
with only small wheel blocks holding it in place. Upon arrival the responding officer found
a red Whiteman cement mixer with small rubber blocks behind each of the two cement
mixer wheels. The officer estimated the cement mixer could cause major damage if it
were to roll down the steep hill.
Due to this unsafe condition, the officer attempted to contact the owner and have the
cement mixer moved. The officer made contact with the homeowner, Gerry Jacobi,
2610 North Grandview. Gerry Jacobi told the officer the cement mixer was owned by
Garrett Waterproofing. The waterproofing company had been working at Mr. Jacobi's
residence and was uncertain if the waterproofing company was coming back that day or
the next.
The officer explained to Mr. Jacobi the cement mixer was parked in an unsafe spot and
needed to be moved. Mr. Jacobi told the officer he would call Garrett Waterproofing
and leave a message to come and remove the cement mixer. After receiving the
telephone number of Garrett Waterproofing, the officer called the number and left a
message to remove the cement mixer by 9:00 P.M. or the cement mixer would have to
be towed.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
l
On April 23, 2009 at approximately 8:40 P.M. the officer contacted Mr. Jacobi to see if the
cement mixer had been moved. Mr. Jacobi told the officer the cement mixer was still there
and he had tried to move it himself but the cement mixer was too heavy. Mr. Jacobi told
the officer he had left two messages with Garrett Waterproofing but did not receive a call
back. With no response from Garrett Waterproofing, the officer returned to 2610 North
Grandview and had the cement mixer towed by Wenzel Towing due to the unsafe
condition.
Based upon the officer determination, the cement mixer was parked in such a manner
as to cause a dangerous condition to exist. City ordinance 32-282 allows the officer to
remove any vehicle parked in this manner
Chief Wadding reports that the actions of the officer were found to be appropriate and
prudent. Therefore, it is his recommendation to deny the claim. The City Attorney's Office
concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Kim Wadding, Chief of Police
Garrett Waterproofing
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EnnAIL tsteckle@cityofdubuque.org