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Claim by Andy RettenbeierTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: August 26, 2009 RE: Claims Against the City of Dubuque by Andy Rettenmeier Claimant Date of Claim Date of Loss Nature of Claim Andy Rettenmeier 08/24/09 10/31/08 Property Damage 08/24/09 08/24/09 Property Damage These are two claims in which claimant alleges that the retaining wall located near the back of claimant's property at 1854 Bennett Street was struck and damaged by a City of Dubuque sanitation truck on separate occasions. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL:tIs cc: Michael C. Van Milligen, City Manager Paul Schultz, Resource Management Coordinator Andy Rettenmeier 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 ~'~/~ '~' r"~' CC.- -j ~1~,t,c..f~ Andrew Rettenmeier 1854 Bennett St DBQ, IA 52001 563-583-8159 Page 2 of 5 CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, 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 CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: i 2. Address: (~s~ ~ehvt~{~ ~" ~~ 1 ~ .5 2 tTt)~ 3. Telephone Number: J63 ~ ~~3 ^ ~~~ 4. Date of Incident: I-I.G~G~ Z~ Z~ 5. Time of Incident: NytoJ'nin ~ co(~ec.~Wl all~~vx 7A~t II II 6. Location of Incident (Be specific): ~~ Sdyrtsz ~a(~ in oy1' ~ac.~< Vc~c~ W~~ch ru,S a.~o,c ~s;de <Z d~ a.~e~. 7. DESCRIBE ACCIDENT 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.) 1 ~ / r ,~ c~ ~S~K~~diw. ~/'~~.IC dl,J¢/~ in ~'''uc-k ~ 31/0 ~'l,d- Cllr SV7>K~ f~(( PC'~JSet( n . .e i ~ 8. What were weather conditions like? G~4~~ tJ~ ~ rlrL. 9. Give name and address of any witnesses: ~/~ 10. Did police investigate? (If so, give names of officers.) ~~~ 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). ~~~ CJ J``~ c= -~ t-,, .-~ ; ~-, c= .. c _- ~ ~ l _~_ ~: _ Ti c. -~ -- ~- ~ -'~ y _~~ c7 ~ Andrew Rettenmeier 1854 Bennett St DBQ, IA 52001 563-583-8159 Page 3 of 5 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.) c'~ sII ~-~ ~~l( l~ ~/f/J~ w~ d ~ris~i~. ~ ~,,~ ./l~~~.sd~ ~~~Q~ t~.c h~~ ~ C:¢~(~A ~-Ndta.. ~o ed~i~71-rd 0~('e ~~~ia~L ''+)~ZISt7° -90~`2~lSaD"' 13. What other damages do you claim, if any? 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.) V c~ 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible ~/ ~n ~ dY ~c~ df~~f Imo, h ~} d~i~ s Scat a r,.la (1 .~ dim eS ; n'QSS dries,. ~ ~(eG~l- 17. Have you made any claim against anyone else for damages as a result of this incident? (tf yes,,give name and address.) ilJ c~ 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this ~ day of ~lt~ ~~s~ 20,~. _~r~~REaJ ~~T T E~t/n'!E/E~ (Print Name) (Rev. 1 /00 8 7/01) Andrew Rettenmeier 1854 Bennett St DBQ, IA 52001 563-583-8159 Page 4 of 5 Landscape Estimate Date April 20, 2009 • Finishing Touches Landscaping 9665 Monticello Drive Dubuque,lA 52003 Keith:- 563.590.7075 Tim: 563.590.9496 Name !Address Phone Andy Rettenmeier 1854 Bennett St. Dubuque la. 52001 c on ota Remove okf wall and haul away Install new versa-lok wall in its place New wall would set back approx 2 feet from current New wall would be approx 2' tall by 25' long $1,500.00 0% of total deposit is required to begin work glance of project due upon completion nvoices over 30 days past due charged 10%. ubtotal $1,500.00 ales Tax (7.00%) otal $1.soo.oo Andrew Rettenmeier 1854 Bennett St DBQ, IA 52001 563-583-8159 NAGrGERTY CONSTRUCTION SERVICES, INC. April 8, 2009 Andy Rettenmeier 1854 Bennett Street Dubuque, IA. 52001 Attention: Andy Reference: Retaining Walls Dear Mr. Rettenmeier Page 5 of 5 Haggerty Construction Services, Inc. (HCSI) is a General Engineering Contractor. HCSI brings over 25 years of direct experience in General Engineering Construction, Operations, Demolition, Remediation and Field Services projects, related to the environment and the construction industry. We are pleased to offer a quote for these services. We will provide labor, equipment and grading services for the above referenced project. Our quote is as follows: 1. Demo and remove existing limestone retaining wall. 2. Remove, transport and dispose of all additional dirt and debris generated from newly excavated area. 3. Install footing, drain the and drainage aggregate as required. 4. Install versa-lock block wall 36 feet. (color to be determined) Total Cost of this work: $2,150.00 Optional: Limestone Rock add $300 This quote good for 30 days If you have any questions, regarding this quote, call me at 563 564 9924. Thank you for the opportunity to offer pricing on your project. Sincer ly, _ ~.. Steve Haggerty HCSI 2922 Brandy Wine Park Drive • Dubuque, Iowa 52001 • Phone (563) 564-9924 • Fax (563) 556-1955 Andrew Rettenmeier 1854 Bennett St DBQ, IA 52001 563-583-8159 Page 1 of 5 Barry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place ~~ crrr ~ LUB 300 Main Street Dubuque, Iowa 52001-6944 ,' I ~ ~ ~~~y~' ._ (563) 583-4113 office (563) 583-1040 fax ~ $q Q$~}O balesq@cityofdubuque.org ~~ November 19, 2008 Andy Rettenmeier 1854 Bennett Street Dubuque, IA 52001 RE: Claim Against the City of Dubuque Dear Mr. Rettenmeier: If you wish to file a claim against the City of Dubuque regarding damage to your limestone wall located near the Bennett street alley, we would request that you fill out the attached claim form and return it to the City Clerk's Office at the following address: Ms. Jeanne Schneider, City Clerk City HaN -City Clerk's Office 50 West 13"' Street Dubuque, IA 52001 Once the claim has been stamped in by the City Clerk, it will be forwarded to the City Attorney's Office for investigation. Very: sincerely, Tracey Ste in Paralegal Enclosure cc: Paul Schultz, Solid Waste Management Supervisor