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Claim by Bill and Kathy Miller MVM �c(a� Pub1 ic �oYKs CLAIM AGAINST THE qN OF �UBU�UE, IOWA Wa�f./' R�(✓�' �fYIE�rIhy This written report constiW[es your claim against [he City of Dubuque, lowa. Vou shoultl comple[e ihis form in full and attach any atltlicional information [M1at supports your claim. The Claim mus[ be filed wilM1 tM1e City Clerk a� City Hall, 50 W. 1]�^ SL, Oubuque, IA 53001. It will then be referretl by [he City Council ro [he appropria[e tlepartmen[ for imestigation. I Once Ihac investigation is completetl, a report antl recommentlation will be submitted to the CityCoun<il. Vouwillbeprovidedwithacopyoftha[ repor[ andrecommendation. THE FINAL DECISION ON ALL CLAIMS IS MA�E BY THE LITY COUNCIL. NO EMPLOVEE OF THE CITV OF DUBUQUE HAS THE AUTHORITV TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER VOUR CLqAIM WILI OR WILL NOT BE PAI�. � 1. NameofClaimant: 1J.[G ' �HrNU /Y/� GC.cti' 2. Atltlress: 39S OiVE��L STKEEY � ciry:�L�iRa/; ut state: SA zip: S�tOG/ ]. TelephoneNumber: S�3 -,$57-$/oy8 6. Da[e of IncitlenL c��r�U a - �ut y 3 v 5. Timeoflncitlent ��Q9Am �duC.��� — �(/cnr� �du��,4� 6. Locationoflncitlen[ (Bespedfic): /n�rEP. secrio<J (viE:tt ' RlZuusu�icL' ]. DESCRIBE ACCIOENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involvetl, give the employee's name.� 5FE AT�Ru/ED 8. Wha[werewea[hercondiHonslike? Hor ' f�pnlU� 9. GivenameandatldressofanywiMesses: J�E �TrRCNE 10. Did police investiga[e? Qf so, give names of officers.) 11. Was anyone injured? pf so, give names, atltlresses, antl extenl of injuries). tiU 1]. Was any tlamage tlone to propertyi (If so, tlescribe property and [he extent of damages. Attach es[imates oi damages or tlescribe basis for ascertaining exten[ of tlamage.) � .SEi,.AiF :.� BasEmeiiT - Hat> �'o Ai.<vcseife,ms ( Sfc Ari'ncr/eD 13. Whatotherdamagestloyoudaim, ifany? �e,.nnu2seme�.�'r Fo2 HnrE[ . _$E2vi�e /✓nsrE¢. GieSF s ifcmz rNarmerzc d;isameT 14. Have you been compensatetl (or any part or all of your claim by any insurance company? Qf so, give name and address of Insurance company and amount paid.) No 15. WM1atamomttloyouclaimfromtheCityofOubuque? Sfc an:w��F \ 16. Why tlo you claim [he Ciry of Dubuque is responsible? iHEv REp�nc� rHE /Y/riu,Wi/v �ove✓L 'CAusci> u//�E2 /✓/R/N �QP,� � ��i/�SfCR� 1]. HaveyoumadeanydaimagainstanyoneelsefortlamagesasaresWlofihisin Idnt? Qf yes, give name antl atltlress.) NU 19. If [he answer ro Oues[ion 1] is yes, have you received any paymen[ from iha[ somce, antl if so, in what amomt? Da[etl at �ubuque, lowa this �e{h tley of �b!us�r , 20fQ. __'f/L7fif�/ ���� ISi9namre� 'F� ��� � � .r � m Tj/�rNi/ �- ��tLE2 �printName� - �' � � ��i � m D ? C, 2d v (Rev. 5118) . Claim against the City of Dubuque � July 10, 2019 Date of event: Julv 2, 2019 7:00 a.m. —Workers began working at the intersection of O'Neill & Brunswick to replace man-hole cover 1:00 p.m. — Severe vibration coming from compactor—whole house was shaking. The contractor was � using a large compactor and a large excavator. 2:00 p.m. —Water shut off 3:00 p.m. —Water main break—was informed that we might have water in our basement—which we did. (Sewage) 3:30 p.m. — Second water break 4:45 p.m. - Service Master was already in the area cleaning other homes—started cleaning our basement. 5:30 p.m. —Air conditioner quit working —called Giese 5:30 p.m. — Informed that there was now a gas line leak 7:00 p.m. — Giese arrived to repair our air conditioner 7:15—Told to evacuate due to gas leak— Giese had to leave also — repair was not done at this time. 8:30 p.m. —Waited in our neighborhood until 8:30— Gas Company had no idea when the leak would be fixed —so since a storm was about to hit Dubuque we checked into a hotel. The hotel was booked for 3 adults, an elderly family member who was visiting from out of town and our pets. (At this point we had no water, no air conditioning, no gas and told to evacuate) Julv 3, 2019 Was able to re-enter our home. Service Master was back to check on dehumidifier and measure the area and complete their paperwork. Giese also came back and was able to fix our air conditioner Called Gas Company to have our gas turned back on. This was all completed by noon Amoun[fo be cleimetl from iM1e Ciry of Oubuque: 2 Holel rooms -$ 126.�0 & $i66 00 = $ 492.00 (we paitl) - requesting reimbursemeM Ilems tlisposetl of due to sewage: Lea�hercoat - $ iW.00 Win�er ma� -$ ]5.00 vacuom ciezoer- E eo.00 Sleeping Bag - $ 56�0 Chrislmas W reath -$ 25 00 Towels - $ 20.00 Hemstlisposetl: 5600.U0 - requeslingpaymerit Service Mas[er $ 1,6365]- bill enclosed -we have not paid this Giese - $ 21935- bill encbsed -we have not paid ihis Witnesses' Robert (Smiley) Schmi�z 3085 Brunswick Street, 52001 Chns Reed 3105 Bmnswick Stree�, 52001 Jon & Amy Shireman 3020 O'Neill Shee�, 52001 Jim AMofer 3]5 O'Neill Shee�, 52001 aataaaaataaaiii�iaaaaaataaa+++aatiaaa+aaaaaaitaaaiittaaa�aatat+++a+++++++++++ It ehould be mted that the mutcactoc dfdnY do the cuatomary s[reet signa to notify Mat [he street wes boaically cloarA. There wue vchicles tlriving [hrou� Ihe work azra. Wih ou� whole house shalm�g-we IookeA outside m eee what the wnhacto�s were usng - they wae usvg e lerge wmpactor a�d en ezwvator. b�ev too exceasive for Ne avra inGastrucmre. l, why weav't the gas initislly shut o1i in such Goae pmbmiLyP 2. When Ne iuitiel watec bceak happeued why waenY Ne erea reloea� eiuce Me hole was enlarged. Confidential This rommuniwtion and any attachments may confain information wM1ich is confitlential antl privilegetl by law antl is for the use of the tlesignatetl recipienc. If you are no[ [he in[entled recipient, you are hereby m[ifietl tha[ you have received ihis communication in error, antl that any review, tliscbsure, tlissemination, tlistribution or copying of its contenis is prohibi[ed. Please notify City olDubuque immetliately by telephone a[ (S6J)-589-4120 of your receipt of these items antl tles[roy the communication antl any atfachmenis immedia[ely. Fur[her disclosure of tM1is informacion may violate state and federal reshictions. Confitlentialinformation mayinduCelhefollowing: i) SocialSecurityNumber(s) 2) MetlioeUHealtM1 Information 3) PersonneVDisciplinarylntormation 4) Bank Accomtlntormation 5) Financiallnformation 6) GredilGardNumbers If any documentation you desire to submit lo the City of Dubuque rontains any of ihe items above this covar sheet must be atlachetl directly �o the conPitlential 'mforma�ion and Intlicate Me type of information ihat is includea. I, t nue �B�n � ' 6arH4/n�<<E,� , hereby certiy Ihat ihe atlached tlacumenfs inclutle [he following'protectetl i �ormatio� SodalSecudtyNumber(s) _BankAccountlnforma9on Medical/Health Inlormation Financiallnformation ParsonnallDisdplinary Intormatton _Credlt CaN Numba�(s) I understantlthatthisinformation may be dls�ributetl withinthe City organization orro agenis ofthe City for pmcessing and I hereby au[horire the City to act acmrdingly laking all precautions to protect my informa[ion from unnecessary dishibution. �1'���rr��PP , , R/�/�y gnalur - �ate Copyrighted August 19, 2019 City of Dubuque Consent Items # 3. ITEM TITLE: Disposition of Claims SUMMARY: CityAttorney advising that the following claims have been referred to Public Entity Risk Services of lowa, the agent for the lowa Communities Assurance Pool: Susan Beckman for property damage, Mike and Jeanne Duggan for property damage, Brian Feldman for property damage, Bill and Kathy Miller for property damage SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Staff Memo "THE CTTY QF �U� � � � E MEMOI� AleTDUM Mc�sterpiece on the Mississippi ; TRACEY STECKLEIN �`� PARALEGAL 'I iI To: Mayor Roy D. Buol and �� Members of the City Council � i DATE: August 7, 201 J ��� �� i R�: Claim Against the City of Dubuque by Bill & Kathy Miller ; ,; Cl�imant Da�e of Cla�m Date ofi Loss Na#ure of C�aim '�'� I; Bill & Kathy Miller 08/06/19 07/01 & 07/02/19 Property Damage �I � _ � This is a claim in which claimant alleges that a City sewer line backed up into claimant's ��,; basement at 395 O'Neill Street. � This daim has been referred #o Public Entity Risk Services of lowa, the agent for the lowa � Communities Assurance PooL � I; cc: Michael C. Van Milligen, City Manager Denise Ihrig, Water Department Manager �h� Arielle Swift, Assistant Public Works Director �, Bill & Kathy Miller �� � i � 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/EMai� tsteckle@cityofdubuque.org � �