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Claim by Patricia and Lyle Galliart Copyrighted February 4, 2019 City of Dubuque Consent Items # 3. ITEM TITLE: Notice of Claims and Suits SUMMARY: Paula Beecher for vehicle damage, Robert Decker for vehicle damage, Eagle Window& Door, Inc. for property damage, Patricia and Lyle Galliart for property damage, John Kirk for vehicle damage, Kelly Keenan O'Rourke for vehicle damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Beecher Claim Supporting Documentation Decker Claim Supporting Documentation Eagle Window& Door Claim Supporting Documentation Galliart Claim Supporting Documentation Kirk Claim Supporting Documentation O'Rourke Claim Supporting Documentation 1 � ��`M CLAIM AGAINST THE CITY OF DUBUQUE, IOWA �� n-r1 � � This written report constrfiutes your claim against the City of Dubuque, lawa. You should y complete this form in full and attach any additional information thafi supports your claim. ; � The Claim must be filed with the City Clerk at City Hall, 50 W. '13t'' St., Dubuque, IA 52001. It �'l will then be referred by the City Council to the appropriate department for investiga�ion. Once that investigation is completed, a report and recommendatian wilt be submitted to the � Gity CounciL You will be provided wi#h a copy of that report and recommendation. ,i THE FINAL DECISION ON ALL CLAIMS IS MAGE BY THE C1TY COUNGIL. NO EMPLOYEE OF ;� THE CITY OF DUBUQUE HAS THE AUTHCJRITY TO M�KE ANY IiEPRESENTATlON TO YC�U I� AS TO WHETHER YDUR CLAIM WILL �R WILL Nt3T B� PAID. I� 1. Name of Claiman#: ��--z�,,�'�cJe 4�c� �� e G�.��4r� ; � 2. Address: �3D° ✓d�'I�IGv�/� /�riVC �i �� Cit�: �ud/-��u� State: ��/l Zip: Szo�.� 3. Tel�phone Number. `lDme -° 56,� ,�c�3- ��'�3 �. �� s c�l�� 563 5-4Z5"3 ' i 4. Date of Incident: -✓�Gc��'ri��' � zD✓� I'�' ii I{ 5. Time of Incident: 4=00 �.m. ��pro�,,%v�4Z�e � , . � 6. Location af Ir►cident (Be specific): �3vb �Di�� Yi��- ��5c�-ie��a�� oh-, � G.�G� D�,z��iro�ar� � /�.�Ga��../ s��r /ir�� in ��`"cC��c� c�' Se�� ,�i' � � 1 7. �ESCRIBE ACCIDENT OR C?CCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give !i full defiails upan which you base your claim, If a City emplayee was invc�lved, give the �Ij employee's name,) ,. „ D J /� � /�h 6�/� � �ur �zv�,s-�� s � � rr�am �; � iz � � ou se�✓��- � u � r o� �r r .., , , , /,�1'l� �iC��jY'OL7�'l. CX�h�n��/d/� ��?��'U�-zL/Z�r1 �CCurr�! b�-, /z ��' �1'lc� � 1Z�lI�/� / �i�� f''� �'"'oo�s �� Z� � C�l�_SC �7` c ,, 4C��tlj,;, -- - - --- . .. � 8. What were weather conditions like? �/e�Y c�.�-��. �°� � ��- , 9. Give name and address of any vwritnesses: �'fG ��4 ��u ��"s �� I� �� _ _._ _ _ ._ 10. Did police investigate? (If so, give names of officers�) �V� � 11, Was anyone injured? (If so, give names, addresses, and extent of inJuries). �� 12. Was any damage done to property? (If so, describe property and the extent af i damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) I� Cxc��z��vn ��s neccs� �h a�� -�o �,��ss �hc y-�r� ��,%y�� /�� _ , r,d r� dui'' ul S��PY' �1YlL �iG� �� c�� lY�e , G'l�`eC'� G�/�/ rJecG��JG J/`�J�4Jr�� /VI S�YI✓�5 � �-T 1 S. What other damages do you claim, if any? . L:��ense5 ihc�c�ccP i� e�yr,ih r��_ �� SezJ�Y �Ih2 �ncC �lc4�l�^, �e Yoo� ��oC�G p, �j �— N 14. F4ave you been compensated for any part or all of yaur claim by any insurance ';; company? (If so, give name and address of insurance company and amount paid.) I � /VD I �,i 15. Wha�t amaunt do yo��laim from th�.� ityh�buque? ',i z /g�.�3, � ��,sG sr� �c ih�v��5 � ,� ; "16. Why do you1 �la' he Git qf D buque is res onsible? i' ,��m �r C�,Z-e D�� l�s�''bc�� " <� z� os � c�/mos�� vv ��rs ��sea� n A / � / p �?UYC �� %YJIG�.r�C C 1��,��/�j"S /`�5 �(1'7� �Uh ad^Ct,JOGc� 6 Z3�// . 'l' 17. Have you ma �any claim agairfst anyone eise for damages as a resutt of#his incident? � (if yes, 'rre name and address.) �� i� ,I 18. tf the answer to Question 17 is ye�, have yau re�eived any payrr�ent from that source, �� and if so, in what amount? '�� 1�a�ed at Dubuque, I�wa#hi� 2��' day ofi �-✓��'�'� , 20 /q � �_, , � , � 'l, � Si nature {:�:� � � J ) =t c�v ' :�� ' � �. /� �, ��1�, �- �� ,�w; �d � � q (Print Name) � e� +y .� �;� C'�� -�� `� � � � c`� °` ��`� �l� � f,7 (Rev. 5/18} � � � I� January 28, 2019 ',� The Honorable Mayor and M�mbers of the City Caunci) of Dubuque, lowa � cJo the City Clerk's Office � City Hali j; 50 W. 13th St. I� Dubuque, lA 52001 � 11 � Dear Mayor and Council Members, On December 9,2018, our residence again sustained a sewer line back-up, with sewer contents ` discharging into our bailer room and our newly renovated downstairs bathroom. Your emergency 'i employee, Ron Gulyash, promptfy respanded that evening and ran a jet down the city sewer line, advising that he did run inta something in the area of where our lateral line ties into the city line. Ron � was eventually able to run the jet to the end o�F the city line. He kindly�dvised us that we should 'I contact our plurnber, and to again cantact him if we wanted him to run his camsra down the city line. On Mcanday,January 10,2018,Troy Kruser of Kruser Septic Service ran a camera dpwn our(ine and was unable ta ascertain the nature of the prablem, Total Plumbing and Heating was alsa contacted and it was decided that it would be necessary for McDermatt Excavating to excavate the area at which our line ',i met the city line—an act"rvity with which w�were f�miliar as McDermott had to do a sirnilar excavation ' in 2Q09. As a result, Ron Gulyash again returne�!ta our location and utilized his city camer� in the eity 'I line. A significant raot kaiockage was again observec! in the vicinity of Qur lateral tine and the city line. � This was the sarne approximate location of similar blockages that we had experienced on January 21, % 2002, May 18,2009, and July 28,2009. Although the City advised us in 2002 that a liner u�rould fae 'i instalied in its fine,such installation did nat occur unti)approximately June 23,2011,which was almost ' two years after the then rnast recent blockage on July 28,2009—which wauld have been ample time for � further root aetivity to resume. �" While we very much appreciate the City's understanding of our previous problems and the prampt !j response of Ron Gulyash on this occasion,we are in the unfortunate position of again seeking ;� reimbursernent for expei�ses incurred in the sum of$2,19p.13 as a result of this most recent incident. � This clairn does not take inta account the work that we wil! need ta do in the spring to repair the ground !� which was excavated. � To assist in consideration af our daim, pfease find en�losed the fallawing: Ietter to Jahn Klosterr�tann �" dated 8/27/09 summarizing sewer issues to that date;emails from John Kfastermann dated 4/10/10 and '� Daron Muehring dated 4/23/10; Natice af Sewer Utility Worlc scheduled for 6J23/11; Kruser Septic Service invoice dated 12/10f 18 in the amount af$300.00; Kruser Septic Service invoice dated 12J11/18 � in the amount of$415.00;Total Plumbing and Heating invoice dated 12/17/18 in the amount af $1,475.13. The total cost sustained by Pat and myself as a result of this rrtost reeent roat damage is$2,190.13. It � has again been a aource of exteme anxiety, not to mentfan the effort required to elean up the mess. We g respectfully request that the City of Dubuque reimburse us for the damage sustained as a result of this most recent sewer problem. 7hank you for consideration af our request. Sincerely, V �. ! L . Galliart � 1300 Tamahawk Drive � I Dubuque, IA 52003 ,� � Home Phone: (563} 583-6983 Lyle's Cel) Phone: (563)845-9253 i � i I i , � �� I ,� !I i r, il 'i '�i i ';j ;; I� u I I il �p �l I� I!� d I� � � ii i� •,`",,-..�._.,�-''� � � � �i _ '>'� � ; �C�tICt� j; af . ' sewer utilit wQr�c I'�� Y , i � Dear Hameown�r/RentaUBusiness 4wner: ';i, li �su-Sewer h�s been contracted to reline the main�ine I% i; ' sanitary sewer that your prctperty is cannected to. Reliriing allaws for Xenewing the existing sewer without ;;� tlae incanvenience of conventi�nal digging a�d relaying. I Du�ing this wo�k,your sewer latera�will be iemporarily ;� disconnected from the main sewer. Reli�aing is normally I� �__.J�o�n�leted in one_day, within t.�vo.�hifts._The_first shift , ,.__ '�; crew installs the liner,The second shift crew reconnec#s �� the building laterals to the new liner. �� To avoid probierns,we need youi-coaperation.�educe !� �I odars by pouring ap�roxirn�tely one gallon of wat�r �il dovcm each of your floor drains an�I traps.Use your i� toilet oniy if absolut�ly necessa�-y and discontinue �� further use af ali water including; washing machines, � dish washers,bath tubs,showcrs�nd sinks on the ' � follawin�date: ' � DATE:�_ I� ,� � , � s��`�t � TIME: � �:��C� A� UNTIL � '.t�t'� (�'a � Visu-Sewer wi�1 not be held resportsible for damage p resultir�g from failure to eamply with these procedures. g Thank you for your cooperation. Ifyou have any questians please feel free ta call I-$40-876-8478 . VISU-SEWER,�NC. Page 1 of 2 _�� I Lyle R. Galliart From: "Deron Muehring"<Dmuehrin c�cityofidubuque.org> I� To: "Galfiart, Lyle R."<Yrgalliart@dbqca.org> � Cc: "Gau, Charlie"<Ggau@cityafdubuque.arg> " Sent: Friday,April 23, 2010 3.5T PM � Subject: Re:sew�r iiner � , Lyie, Chalie Gau a�nd I just spoke about this again today. The lining of the sewer near Tomahawk Drive is II scheduled to be done next year at fihis ti.me, li l �eron I; I� ;j Deron L. Muehring, Civil Engineer I Gi�y of Dubuque, IA � � � 50 W. 13tb S�reet i Dubuque, IA S�flO� 'I P: �63-589-4276 I'I F: 563-�89�4205 � ,� h ; i� Subject#o the requiremenEs of tkte Iowa Open Recqrds Act,this message and accompanyina dvcwnents aze covered by the Electrpnic Commanications Privacy Aet, I 18 U.S.G.Subsectian 2510-'�52,as amended,flnd contaiqs information intendad for the specified intlividuai(s)only.3'his information is confidential.Tf you are�ot �� die intended recipient or an agent sesponsible for delivering it to the intended recipient,yoa are here6y notified that ynu have received this documant in error and that � any review,disseminarion,copying,or the taking of any action based on the contents of fhis iuformatiora is strictIy prohibitetl.If you have receiued this � communication in error,please notify us immediately by e-mail,and delete the otiginal message. � `i »> !�i Fr+�m; "Ly1� R. Gaf[iart" �[rgalliart a�dbeco.org> ','', To: "Deron Muehring'� <Dmuehrir�a�cityofd�buque.c�rg> , ; CC: "Charlie Gau" <C�au@cityofdub�que.org> �; D�fie: 412312fl'i 4 3:13 PM N Subject: Re: sewer I�ner �! Thanks fflr your respor�se, Deron. An�fur�her news? '� tyle Gafiiart � � � u r -----Original Message---- From: Derc►r�Muahrina To:�le R, Galfiart Gc. Charlie Gau Sent: Tuesday,Apri!Q6,20'i Q 4:58 PM Sub�ec#: Re: sevver liner � Mr. Galliart, � I have inquired to staff as ta the tunetable for lining the sewer near Tamahawk Drive and I expect a � report sometime tc�morrou�. I know that staff has been 7ooking claser at the specific challenges of � Ii:�ing the sewer m questian.I w�ll provic�e yau w�.th more anformahvn as�t becomes a�axlable. 4/26/2Q10 Page 2 of 2 Thanks for your patience. Deron � � Deran L. Mue.lu�ng, Civil Engineer � City of Dubuque,3A �: i. 5(?V�. 13th Street Dubuque,IA 5�0�11 �! P: Sb3-589-4276 F: 563-589-42{}5 i ; � Subject ica fhe requirements o£Yhe Iowa�pen P�cords Act,this message and accompanyiqz;documeuts are eovered by the Eiectronie Commtmieations jl Privacy Aci,i 8 U.S.C.Subsaction 251Q-252,as amended,and cantains information i�iended for t1�e spaeified individual{s}only.T�is information is 'I canfidential.If you are not the intended recipiant or an agent responsible for delivering it to the intended recipient,you are hereby notified ttrat yon l�ave i� received this document in error and Ehat any review,dissemination,copying,or fhe takiag of any acticm based on the contents af this information is strict3y I� groh4bited if you have receiverl#his commvnication in emar,ptease norify us ffimediately by e-maii,and delete the original message. �� !!I i I »> I� Froma "Lyie R. GalErart" <lrgalliart a�c�bqco.arg> �j; T�. <dmuehrin@c�tyt�fd�rbuc{��.c�rg> �,� �ate: 41�/2010 2:13 Pf� ,� Subj��t�sewer(iner ;� �ear Nlr. Muehring, ;I �; Last wesk,Jc�t�n Kiosterrnann farwarcied ta you an inquity tha#t had made��Jahn concerning the status af the installatian c�€a lin�r in the sewer iine near our residence on Tc�mahawk t�rive,which finer is neeessitated by ro�at blockage and the resutting messes that occurred in our ham�in both 2002 and I� �t}49. Yesterday,sorneone from the City Enginser's t��cs left a message on c�ur home phc�n� � answering rn�chine,which message was difficult ta unders#and_ Perhaps fih�t perSon was yc�u, but the caller did not identify himself. 1n any event, please be advised that w�remain concerned�bout the � s�tatus ta�this prvject and certainly F�ope that w�dt�not hav�any further difficulties. t wr�uld�ppreciate it � if you could,�zt yc�ur earlies#convenience, provide same ctarification. Please#eel free tc�contact me at I rny o#€ice, rny phane number be�ng 589-447Q. Thank you€ar yc�ur assistance, ' �' Sincerely, �.yi��i�� ; �� 4/�6I201 a Page 1 of 1 � b A � Lyle R. Galliart � �rom: "John Klostermann"�Jkfoster@cityafdubuque:org> � Ta: "Deron Muehring"<Dmuehrin@cityafdubuque.org> q Cc: <Irgal6art@dbqca.org> i Sent: Wednesday, March 31, 2U1Q 4.44 PM { Subject: �wd: Sewer Liner-Tomahawk � Deron 'i ,I i; Can you respond to Lyl�concerning his question on the schedule�or installatian of the sanitary sewer liner on Tomahawk? � I� ,� � Than.ks i; Jc�hn � � ,� »> "Lyle R. Galliart" <Irgalliart�a7dbqco.org>3/3112010 3:57 PM»> I�� Hi Jo#�n, �N This May, it wili be one year s'tnce we experienced aur mast recent problems with roat blockage in aur sewer line. As on#he revic�us occasion in 2002, we were advised tl�at the ci would instali a lir�er in the sewer line. P tY pviousl it is our ho e that we will not hav�ta ex erience such a mess a ain. While we have no idea what such . P P Y J li an insfatl�fian wou}d invaive, during our daily trips in and out af the r�eighborhood,we have not seen any activifiy which woufd suggest that a liner has ar will be installed. Couid you please advise us as ta fhe status of the i, project? We lr�ok fc�rward to hearing frorn you. Thank you for your consideratiqn. !� ;i Sincerely, Ij; Lyle Galliart � I; 1300 Tomahawk prive � Dubuque, lowa 5�fl03 j (h)583-6�83 ! (w}5$�-4470 �a � �; �i �� I', � � �� il � � � ii : � �, �� , � � � �� 4/1/2010 � Page 1 of 1 � , Lyle R. Gafliart � � From: Jahn Kbs#ermann <Jkloster@cityofdubuque.org> � To: „Lyle R. Gailiart"<lrgalliart@dbqco.org> � . Sent: UVednesday, M�rCh 31, 2010 4:4Q PM � Subject: Re:Sewer Liner � � Hi Lyle ; ii 1'11 forward your question ta our engizzeerzng department for an answer to paur question. � ;; John i; ��, »> '�Lyle R. Galliart"�lrgalliart a�,7dbqco.org>3/31/201 Q 3:57 PM»> � Hi Jahn, �; � This May, it witf be ane year since we experienced our most recent probfems with raot blockage in our sewer Iine. II; As on the previous accasion in 2002,we were advis�d th�t the city wouid install a liner in the sewer line. �, flviously, it is aur hope that we wil! not have ta experience such a mess again. Whiie we have no idea what such 'r an installatian wauiri invalve, during our daily trips in and out of tha neighbarhood,we have not seen any activity I which vuauid suggest that�liner has or will be instatled. Cauld yau please advise us as to the status of�the I'�; project? We te+ok farward to hearing from you. Thank you far yaur consideration. � �� ; Sincerely, Ii C.yle G�Iliart " 1300 Tomahawk Qriue � f Dubuque, dawa 52003 i �h)583-6983 � (w)�$9-4�70 � I� � �� ; { � u � � �i � ti q � i l4 �� ij � � � � � � � � 411/2010 � Mr. Tohn Klostermann � City of Dubuque Public Worl�s Dept. S�reet and S�wer 1Vlaintenaz�.ce Su�ervisor u 925 Kerper Ct. ,� Dubuque, IA. 5204X � I� Dear Jahr�.: � ; i� 4n January 21.,2002,we experienced a sewer backup in the basement of our residence at ! J.300'�omahawl�Drive. Mola Plumbing and Heati.ng cleared th.e drazn at a cost of 4i $144.i 6. As you may�'ecall, I conta�ted yaur department shortly thereafter,and, upon � inspection,your p�o�l�discovered a"root ball"in the city's main Iine,�vhich the� �i cleared,much�a our ap�areciation. I believe that they also observed additional raats near � our coxulection with tI�e ci�ty line. Havi.ng been advised that we would be�esponsible for ; clearing those raots,on January 29,20Q2,we had Mr. Rooter xemove those roats at an ; additianal cost of$�4�.07, At the time of your department°s i.nvolvement,it zs my �I; reeollectican fram ccsnversations with you that the city would be instal�ing a"liner"in the �!� city Iine,thus allevia�ing eoncerns of any such�aroblems in the future. Havzng been ti u. informed of the installation af the"liner",we were content with that result and s�w n�o Ii need to address th�csast incurre� by us, which totaled$391.23. I'; i:; Unfortuxaately, on 1VIay 18,2(749,vve experienced a similax situation in aur basem�nt. !i Having assumed that the city Iine had a"liner"in it,I called Tota1 Plumbing and]FTeating i;, and had aur�zne cleared at a cast Qf$342.4(}. Shacifingly,further backup occunred just t�o manths later, on July 2$, 2009. A,gazn assuming that the city line had� "Iiner"in�t,I ii �; ce,ntacted Mr. Roater beca.use I knew that they 11ad a camera. Large a�-nounts of roats N were c�bserved near our Iateral's coruzecfaon with the cily Iine. We ag�zn had our line 4 cleared at a cost of�503.96. It was furt�ier reco7nmended that a partial xepazr be dane to I; our lateral�ine 1�ecause v�e cantiz�ued to�.ssume that there was no root activity in the city � �I lin�due ta the�resence c►�'the"1ir�er".As �.resuit, we had Mcl�ermatt E�cavatron and � TotaJ.Piumbing and Heati�g do the repair,th�.s occuning az1 ar about 1�ugust 1$,2009. A � significant root was remaved by Don J�cquinot fram the area v�here our laterai line enters p the city iine. l?on also observed rt�ots in the city line,�iut tuas unabie to remave ther�. It ° � was apparent that the saurce of�he r�ots in bath lines was an oak�ree on Teri and Jahn. d Goodmann's property just to the north af the city 3ine,oux Iine being to the south of the city Iine. We again paid:the cost c�f repair,this-time in#he amount of$1,40Q.f��. � Ironically, on the very day that I made the payment,August 25,2Q09,�our crew was � present in aur court checl�ing the city line. Rc�n Gulyash advised me�hat they had observed signifieant root activ�ty in the city line, and noted that there uTas ro�t blockage nea�the Gaod�nann's lateral. When I expressed my surprise at the discovery,observizxg that the"liner" should ha�e prevented this activity,I was stunned to�nd out that na such "liner"had been installed. This was e�tremely disappointang nevvs, since,had I kno�vn this all along,my first call would ha�ve been tp your department when the problems resurfaced. To our financial detriment,we relied upon the assuran�e th�t a"liner"had been installed seven years ago, only to find out otherwise. Additionally, and on a more persanal note, due to this unex��cted expense,my wife and i felt compelled to caneel a trip celebxating our 30�'wedding anniversary. � �I The total cost incurred by Pat�a,d myself as a result of the root damage�ince May 2009 � is$2,24636,not ta mention the a�iety involved an.d the cleanup by the tw� of us, '� Capies of the pertinent invoices are enclosed. We sincerely believe that the city should a reimburse us for the expenses sustained as a aresult of the�ailure to install the"liner". We � relied in good faxth and ta our deiximent that the problem had b�een addressed in 200�. � We believe that�lie interests of faimess merit such a resolution. We appreciate your '� consideratiaz�of this request and iook forward to hearing from you at yawr earliest �i i� convenience. ,'± I� �i �� Sincerely, �{ � � �� I'% P tr' ia and Ly1e Galliart !,; 1 Q Tc�mahawk Drive '� Dubuqne, ZA. 520�Q3 �'i �o�e�Phone: 583-69$3 � � � �� Ly1e'�Work Phone: 589-4474 1 � u ;, ;i ; � ;i i{ li. i� � �� ; ,� h � 1 i � � $ 9, � � Copyrighted February 4, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of lowa, the agent for the lowa Communities Assurance Pool: Paula Beecher for vehicle damage, Robert Decker for vehicle damage, Eagle Window& Door, Inc. for property damage, Patricia and Lyle Galliart for property damage, John Kirk for vehicle damage, Kelly Keenan O'Rourke for vehicle damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Staff Memo THE CTTY OF DUB E MEMORANDUM Mnsterpiece on tl2e Mississippi TRACEY STECKLEIN � - PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: January 29, 2019 RE: Claim Against the City of Dubuque by Patricia and Lyle Galliart Claimant Date of Claim Date of Loss Nature of Claim Patricia and Lyle Galliart 01/28/19 12/09/18 Property Damage This is a claim in which claimant alleges that tree roots caused a City sewer to back up into claimant's basement at 1300 Tomahawk Drive. This claim has been referred to Public Entity Risk Services of lowa, the agent for the lowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager John Klostermann, Public Works Director Patricia and Lyle Galliart OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET�UBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/Fax (563)583-1040/EMai� tsteckle@cityofdubuque.org