Claim by John OttaviTHE CTTY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE:
RE:
Claimant
John Ottavi
August 19, 2009
Claim Against the City of Dubuque by John Ottavi
Date of Claim
Date of Loss
Nature of Claim
08/14/09 07/07/09
Property Damage
This is a claim in which the claimant alleges that a City of Dubuque refuse truck backed
over claimant's mailbox at 2940 Spring Oaks Court.
According to the report of Paul Schultz, Resource Management Coordinator, Lead
Sanitation Driver Dave Sitzman investigated this incident and took photos. Mr. Sitzmann
confirmed that claimant's mailbox was struck by a City sanitation truck when the truck was
attempting to turn around on this dead-end street.
It is therefore the recommendation of Paul Schultz to approve the claim for $64.17 as filed.
The City Attorney's Office concurs with this recommendation.
cc: Michael C. Van Milligen, City Manager
Paul Schultz, Resource Management Coordinator
John Ottavi
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EnnAIL tsteckle@cityofdubuque.org
THE CITY OF Dubuque
L~u~ ~ ~.~~;~~~
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.Masterpiece on the ~Vlfssissippi
2Q07
TO: Barry Lindahl, Esq., Corporation Council
FROM: Paul F. Schultz, Resource Management Coordinator
SUBJECT: Claim of John Ottavi
DATE: August 18, 2009
The claim and estimate is recommended to be approved as filed for $64.17.
John Ottavi submitted a claim alleging that mid- morning on July 7, 2009, our refuse
collection truck was responsible for damage to his mailbox. The alleged damage occurred
backing up in a constricted area. Our trucks need to turn around on this dead end street.
Our driver reported the incident and left a note for the customer. Lead Sanitation
Driver, Dave Sitzman, went to the site and took pictures. The police were not contacted.
Therefore, the current claim, as filed, is recommended to be approved.
`` 11 / /~
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ~` r~ `
pp r
This written report constitutes your claim against the City of Dubuque, Iowa. You should(~;~'n~J~be ~l~is fclr~ ~~#u 2'nd
attach any additional information that supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13~h St., Dubuque, IA 52~~'~t JuiIM'ffi~n'k3eT~~~II ed to
the appropriate department for investigation and to the City Attorney's Office. Once that inve f~i ;i~,,GOmted, a
report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and
recommendation.
The final decision on all claims is made by the City Council. No employee of the City of Dubuque has the authority to
make any representation to you/as to whether your Gaim will or will not be paid.
1. Name of Claimant: .1 DYIh ~~~aV f;
2. Address: v~ % ~d C
'•,/tq QQ~$ ~Nyf
3. Telephor~ ^~,.. oer: S(o7j _.~g2' T~s~'
4. Date of Incident: 7 " 7 " V~
5. Time of Incident: a~qe+~.//~~7 !O : '30 ~ttT
6. Location//of Incident (Be specJJific): 7"'~ C.4 LNG / o~pu~ ~OJf {,uh~trG OUV'
Wt i t~dx ~ S IoC~T~
7. Describa [he aci;ident or occurrence that caused injury or damage. (Give full details upon which you base your
claim. If a City employee was involved, give the employee's name.)
!Y
~ D~! Y
le ~f ~to~e crµe~ ~eo,~ p ;c,7~uv~s , - -
8. What were weather conditions like? _ Gw/P..Q~' G<a(/
9. Give name and address of any witnesses: q QrbaQe ~'YkC,e~ do'~yW'
10. Did police investigate? (If so, give names of officers.)
lUd . ..Z'f wa S u.N.r~~~' ~t ~/, VDU a~CC~l~.~~i°.
11. Was anyone injured? (If so, give names, addresses, and extent of injuries.)
No.
12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of
damages or describe basis for ascertaining extent of damage.)
VPS - /Yla;~,6 ox was d'Qiwra9~ Q,r,~.~ N'tai ~,bax p osf Gvas S ~~~~~
13. What other damages do you claim, if any? ~~(CGr•I G~~9G d"Ll [f~
14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and
address of insurance company and amount paid.)
_ o . Tke avttycv~t;¢ o ~ ~ ~ ~, ; s h~w l!o-t~t~o~ru~v ~~~uc. ~dlp
15. What amount do you claim from the City of Dubuque?
Gy ~~
16. Why do you claim the City of Dubuqu/e is responsible? OCR ha N~f
WAt S ~Ci s~ rkvugGt ~ ICCt UG a. K 072 r cc S ~v i~
~a u/ S~ ~~Z ~ C~-u~e ~ru~.~~ .5`~ 9 - ~ZSy
17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and
address.)
1v0.
18. 1lf~the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount?
lVd,
Dated this o2d~ day of V ~ ~~/ , 20~.
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ignature)
lo~t~ Offay~
(Print Name)
Operations and Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(563) 589--1250 office
(563) 589-1252 tax
(563) 589--1193 TDD
ops&maint@citvofdubuque.org
THE CIT "~ ~~_
~'~iJ BUJ--~;
~7~Wrvray ~ a0
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Dear Sir/Ms:
~ ~ ~JQ ~ifl~` 5
The City of Dubuque Operations & Maintenance Department
acknowledges that we have damaged your property, building and/or
vehicle. Since the employee's supervisor has determined that the
estimated cost to repair the damage does not exceed $1,000.00, the
Police Department was not required to assist with paperwork,
investigation, etc..
Please contact the City Clerk at 589-4120 to obtain a damage claim
fore.
We apologize for the damage we have caused and the ~,~
inconveniences that have resulted for you. w~~ a
~~`°'" "
~~~
Sincerely,
on Id J Vo
Opera ons & Maintenance Manager
Fr~,
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Service People Integrity Responsibility Innovation Teamwork
THANK YOU FOR SHOPPING AZ STEVE'S AGE
11598-SIEVES :ACE ~` GARDEN
3350.`.JFK ~
DUBt~E, IA 1~2
(563- g90
553 SALE
7105109 2:57PM PAT ------------------
_ __--------- 1 EA 16.99 EAS 99
5268875
MAILBOX RURAL TIEL;TEB EA 36.99 EA
52486 36.99
pOgT MAILBX CEDR E i0N7 EA 5,99 EA 5,99
5192745 NT PL
BRACKET MAILBOX MOU 4,20
59.91 TAX' 64.17
SUB-TOTAL: TOTAL $64,17
BC AMT
BK CARD#: XXXXXXXXXXXX3821
ID: 870121159899 AMT: 64.17
AUTH: 86426P 310954 Bat#0233
Host reference #~ EXPR: XXXX
SWIPED
GARD TYPE:MASTERCARD
Trace # 000~?00 ,
.; ,1~1~~~~~~~~~~~11~~~~1~~~~I
,_» JRNL#D109*11203
COST # 19012956548
ACE REWARDS IO #
THANK YOU JOHN J OTTAVI
F~ YOtlR p~TRONAGE
Name: X
I agree to paY above total amount
to card issuer agreement
according
(merchant a9reemenVj f credit voucher
Ship to: JOHN OTTA~KS GT
Addr: 2940 SPR~~ A 52001-7506
DUBUQUE Customer' Copy
July 31, 2009
City of Dubuque
City Clerk Office- Claims
50 West 13th Street
Dubuque,lA 52001
RE: Damage to Mailbox at 2940 Spring Oaks Court
Dear Sirs:
Attached is the claims information for an incident which occurred on July 7, 2009. The incident involved
a City of Dubuque garbage truck striking our mail box and breaking the post and damaging the box. The
individual driving the truck was courteous and told my wife and left a note with instructions for filing a
claim.
If you have questions, 1 can be reached on my cell phone 590-6773 or at home - 582-4857. 1 appreciate
your attention to this matter.
Sincerely,
John Ottavi
2940 Spring Oaks Court
Dubuque,lA 52001