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Claim by Nick Helgerson Copyrighted October 7, 2019 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUM MARY: Nick Helgerson for property damage, William Hickson for property damage, Mary Kisting for vehicle damage, LJ R Investments, LLC c/o LinsyAdamsforpropertydamage, Jayantibhai Patel for property damage, Jhony Edgordo Ramirez for property damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Referto City Attorney ATTACHMENTS: Description Type Helgerson Claim Supporting Documentation Hickson Claim Supporting Documentation Kisting Claim Supporting Documentation LJR Investments, LLC Claim Supporting Documentation Patel Claim Supporting Documentation Ramirez Claim Supporting Documentation I�o�a 1 x t� J cr �� G. ,PS;h o� CLAIM AGAINST THE CITY QF DUBUQUE, lO1NA J• K1 o"s�t'��`"``�' This written report constitutes your claim against the City of Dubuque, lowa. You should complete this form in futl and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Half, 50 W, ��fh St., Dubuque, IA 52001. It will th�n h� referr�� by the �ity �o�ncil ±Q the apprQpriate departrrtient for in��e�tigati�n. 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 AUTHORtTY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAtD. 1. Name of Claimant: ,��'�-� ��`� ��--��s�� 2. Address: l/.�`� ��,��y'I� ��r'lj�. }�c� . City: �.��c��=- State: ..z-.� Zip: �a .��`'�� , 3. Telephone Number: �� S ��. � �`=�� 4. Date of Incident: S�I %�; �.�/� v � — b , ; 5. Time of Incident: �,�'�ir'�'�k �.y�� /� �, 6. Location of Incident (Be specific): �-,�� 'r...rl��.�-/� .� % 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 empioyee's name.) �b��-d��-1�. �=-��'��if�y C r.-rG�.�°c-cl��l G�c-'�1��'�1�1 °�rG''r� G-g'��i'�bs<�� . �' / �'�� C.Ci 7��J✓'.r fC�/iG"« J?�Ic�f�?�',�cz�S' r:��rilJ��i.�G� �G9'�'��' ��cld �/?rr�,� ��`�%�� .5�c�' t�- G�^z-"�`f"c-;rz�1��N��f�� I2 �z'�' 8. What were weather conditions like? /�Gi_../,r� ✓��.��a N �`1� C c��I�,y/ .�z�".i f►'r'x'rf�i; 9. Give name and address of any witnesses: �?;/"/ �c,�e�-ei-� ��.�' � y��yr�-is ST 10. Did police investigate? (If so, give names of officers.} ��,.. �f 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). _�r'� ;; � ` 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 ex#ent of damage.) ��_�� - ��r�� .��t. �G �� ;�� .t�-�,� �� , � .. �-�( C%i�/�E,%� ,� ��-� c�i9�' � ,c J' iT t-Y�`��>�?oJC� cL�r¢., .;r -��E'G�:z�,. �� cx �' I c:_%L �/c�� cz-.��c�'��.y.�i',Ics �, 5E-,� c�_t'��cr�5/��a�t.s� �-:>?`-j��r�7`'��- y� � ��or�l 13. What other damages do you clairrf, if any? �f�l � "�.� � �� - -��f- � �o��-.�.f ��ct�� s��:`f. l�c�?/ � Y'��'��J�L��F � 14. Have you been compensated for any part or all of your ciaim by any insurance company? (if so, give name and address o# insurance company and amount paid.) �� 15. What amount do you claim from the City of Dubuque? ,..�`�S; l�-r �� ai � <:�,�v L��f"�• �- yG�� - �.. �.. � ri 2 3 r��r r„'�,�r�.�-�.��/C�.,s 16. Why do you claim the City of Dubuque is responsible? �T�' �I�J G-d-s��^Cxt'�c%�� .Gif�� d^ � �� e= �� C�,��e >� ' 's� f 7`_ �.s��-� L.�C'-t�U u'' � �JE� �--�cc>G?-c�"�'+C��ct� �✓s%�f�' 't�/?�' ��:"��o l�-,7�'7�y� CC f` .,�v`Z-�`"�J�1�'��l��/✓ --C�� 17. Have you rnade any claim agair�st anyone else for d"amag�s as a result of this incident? (If yes, give name and address.) . �sJ-a %h��,E=��.� �,� -` � � � �.,�.. l�'"�7 �- " ci.- � �c.r.��1.:1 � �C>v"1`.�.��YJ�s ll�S��'Zr'er�P�'c?� Y^��l'Jr�'�5��?/��riC�"' t� �. ��e� rN� � l��`s��.?.Sic�Y; �y --�I� �2=c_ �i�'�c,� �%�JnS //�`S�` ��'l��✓'7L"� �GG' �t�c�cEV' ��, ��7�� -P., � /� ��CfsS"; .�� f.� ,-P7t7�11r� �i'I�� Ld�`c�:% 18. If the answer to Question 17 is yes, have you received any payment from that source, T�� and if so, in what amount?� A �� Dated at Dubuque, lawa this ��`��'�� day of S�_,:- � �� 20 , � �� ; ;_----m...: . (Signature} •��- �" -i� ' /j'� (Print Name) ; � � ,`�� =�: -' �-. -� �--6--.. ':� �y;- c...� �1 ;-J � � I-j� �.__ �� . (Rev, 5J18) �' T` � � � � c;� �' cr� � 2205 Francis St Flooding and Water Damage Sept 12t", 2019 The evening of Thursday, 9/12/19, tenant Monique McCauley called to report the basement was filling with water and she could no longer see the washer and dryer. Shortly thereafter, she reported that there was a loud crash which she believed to be the basement wall collapsing. A short while later, Bill Hickson from 22Q7 Francis St called to report details of the flooding. He stated that water completely surraunded the house and there was no way to leave without gaing into rushing water. He also reported that the basement was completely flooded to the ceiling and the brick wall collapsed on the east end of the basement.The collapsing wall also took out the north half of the brick chimney up to the 15t floor. I arrived at 22Q5 Francis St about 9:00 PM on 9/12/19 and the water outside the premises had receded enough to allow me to enter the house. At that time the water level in the basement had receded a foot or 2 but had been up to the basement ceiling level at its highest point. After abserving the basement, l went outside to check the exterior for damages. While on the south side I observed that construction equipment and material for the job site was placed on Kaufmann St blocking off well over%z the street width making an obstruction to the normal water flow. With the lacic of light I was unable to get photos to see gaod detail, however, I returned shortly after 6:00 AM on 9/13/19 to better investigate and photographed the equipment prior to anything being moved. Photos are attached to this report. In order to get data on the water level in the street on the west side of the equipment, I stretched a string from the high water mark on 2205 Francis St to the high water mark on 120 Kaufmann Ave.The distance from the stringline to the street surface in the center of the street was 40 inches. There was also a water mark on a Vermeer S450TX skid steer that was at 42 inches (this skid steer was parked at the edge of the street and the crown in the street and swirling water could account for this difference). The rainfall on Sept 12th began in the evening and approximately 3.5 inches of rain fell causing the basement at 2205 Francis St to fill to the ceiling. As a comparison, rain starting in the evening of July 27, 2011 and into the morning of July 28t" resulted in local rainfall reports in excess of 14 inches. With this rainfall event in 2011, water entered the basement mainly through the fioor drain due to a saturated city sewer system. I would estimate about 12 inches of water was in the upper level of the two level basement and 20 inches in the lower level. When I purchased the house in late 2011, there was still a water mark on the furnace from this event. As another detail, on Sept 19`h, 2019, the contractar did not work due to rain. Construction equipment and materials in the street were blocking off at least 50%of the street width. Approximately 2.2 inches of rain fell that morning and water was once again diverted through the back yard of 2205 Francis ST causing fence boards and a large fire pit bowl to get washed around the fence and down the sidewalk, which has not happened in recent history with a number of 2+ inch rainfalls. The conclusion from these rainfail events and the resulting flooding at 2205 Fr�ncis St on 9/12/2019 indicate that construction equipment and construction materials placed on Kaufmann Ave impeded water flow causing the water to divert onto the surrounding properties. Copyrighted October 7, 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: Nick Helgerson for property damage; William Hickson for property damage; Mary M. Kisting for vehicle damage; LJ R I nvestments, LLC c/o LinsyAdams for property damage; Jayantibhai Patel for property damage; Jhony Edgordo Ramirez for property damage. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Staff Memo � Dubuque THE CITY OF �. A(bAearica City � �✓' J� .i� Nfi11CMM1Lm4GtkPCUF. , I 'I'�r Masterpiece on the Mississippi 2017*2019 '� � � TRACEY STECKLEIN � PARALEGAL MEMO �i To: Mayor Roy D. Buol and I Members of the City Council � Da�'E: October 1, 2019 � ;I 1 R�: Claim Against the City of Dubuque by Nick Heigerson � � Claiman# Da#e of Claim Da#e of Loss Nature of Clairr� !�3 � Nick Helgerson 09/30/19 09/12/19 Property Damage Il This is a claim in which cfaimant alleges that construction being perFormed at 22nd Street and Kaufrnann Avenue caused the residence at 2205 Francis Street to flood. This claim has been referred to Public Entity Risk Services of lowa, the agent for the lowa Communities Assurance Pooi. cc: Michael C. Van Milligen, City Mar�ager Gus Psihoyos, City Engineer DPrc�� M��Phrin�, �ivil Fn�i�pPPr �! John Klosterrnann, Public Works Director Nick Helgerson OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOF2 VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHONE (563)583-4113/Fax (563)583-1040/EMai� tsteckle@cityofdubuque.org � �