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Claim by Brain & Dee Collins Copyrighted February 18, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Trever Allen for vehicle damage, Brian and Dee Collins for property damage, Robert Krohmer for vehicle damage, Eric Mueller for property damage; lawsuit by Jerry Brandenburg for personal injury. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Allen Claim Supporting Documentation Brandenburg Suit Supporting Documentation Collins Claim Supporting Documentation Krohmer Claim Supporting Documentation Mueller Claim Supporting Documentation �1 � ��r� CLAIM AGAINST THE CITY OF DUBUQUE, IOWA �� This written report constitutes your claim against the City of Dubuque, lowa. 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 i"HE C1TY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WNETHER YOUR CLAIM W1LL OR WILL NOT BE PAID. 1. Name of Claimant: ` �f I}C� �� k �� _ c� � ' � �S , 2. Address: o�rl�� Ci �\/��1.9C�C�'�' �i i '@� City: � _ �i " � State: .�� Zip: j��(�� 3. Telephone Number: � � � - L-( j � - �� :� � � �� 4. Date of Incident: � � � � � � , 5. Time of Incident: _ � r � C� ��y 6. Location of Incident (Be specific): �G�,�� v� ` ��-�~�1�p�� — d �--��- �«d �`� � ��- . �� t� � �- v.��t�s �-- � -�-�� ,'� -�. t 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give fu11 details upon which you base your claim. If a City employee was involved, give the employee's name.) S�.� :��c.k�e� 8. What were weather conditions like? �� Lt�j��-� �t- ` 5l��1!1 � _ � 9. Give name and address of anywitnesses: ��n� 10. Did police investigate? (If so, give names of officers.) �� 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Nv 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.) � r;w. � a�=`1E c� 13. What other dama es do ou claim if an � ? J Y , Y• �� -r�r�1�c.� 14. Have you b�en 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.) �C 15. What amount do you claim from the City of Dubuque? ` i..i�� Ca 1Mc�r�ct'� C�-� (�P 1ci�� f 5 16. Why do you claim the,City of Dubuque is responsible? S�� rs�-Ci C�'l�t:� 17. Have you made any claim agains# anyone else for damages as a result of this incident? (If yes, give name and address.) �� 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Gated ai �7ubuque, iowa this � y day oT � C_�(`l,i C� (`�f , 2�i�. 1 - C �' (Signature) �. ,--} �:, � t , .- � ""''' �; �-lE?C'� � C.V�� 1� (Print Name) _:'� y � ;3�' ,-,� C% �, .--. = cc� �. � �:� , � °�i"! � �� :;� ,�: `�' C.) � � «� (Rev. 5/18) _ a 7. At 8:30 p.m. on Tuesday,January 8, 2019, we found black sludge and sewer water covering shower walls, sink, toilet, and floor in the basement bathroom and on the floor in laundry room. Also sprayed black sludge/water on two walls in the bathroom. I called the Sewer Dept. on Wednesday,January 9, 2019, to inquire if there was any sewer work being done in the area. Their lines were busy so I left a message and I believe a (Theresa) called me back. She checked and called me back and said yes there was a crew and they reported using too much pressure. She said someone would stop by to talk to us. Someone did stop at approximately 4:15 p.m. (did not give his name) and confirmed that yes the crews used too much pressure and that is what caused the back up in our basement. He told us to pick up a claim form at City Hall, get a couple of bids and submit a claim. 12. Standing Sewer water/sludge covered floor and sat there for several hours (6 hrs??) before we found it and seeped under tile floor in bathroom and covered showers walls 5' up all sides and seeped into grout. We also believe that since water was under the tile it is also under the shower pan. Wainscoting and wood base also wicked up this sewer water. There was also a small shelving unit that was sitting in the standing water that also wicked up nasty water. 13. Clean up time= 9 hrs total. • 2 people cleaning at 3 hrs. each • 1 person taking up tile floor= 3 hrs Shelving unit=$60.00 16. City Sewer Department admitted to fault of workers using too much pressure in the sewer lines. Copyrighted February 18, 2019 City of Dubuque Consent Items # 3. 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: Trever Allen for vehicle damage; Brian and Dee Collins for property damage; Robert Krohmer for vehicle damage; and Eric Mueller for property damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Supporting Documentation 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: February 14, 2019 RE: Claim Against the City of Dubuque by Brian & Dee Collins Claimant Date of Claim Date of Loss Nature of Claim Brian & Dee Collins 02/14/19 01/08/19 Property Damage This is a claim in which claimant alleges that a City sewer backed up into the lower level of claimant's home at 2588 Marywood 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 Brian & Dee Collins OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, �IARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/F,v� (563)583-1040/EMAi� tsteckle@cityofdubuque.org