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Claim Response Bartolotta, MichBARRY A. LINDAHL, ~. CORPORATION COUNSEL, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: June 13, 2003 RE: Claim Against the City By Michael Bartolotta Claimant Date of Claim Date of Loss Nature of Claim Michael Bartolotta 06/03/03 05/15/03 Vehicle Damage This is a claim in which claimant alleges that his automobile was towed from Bennett Street, where he parked it after he was given notification that there was to be no parking on Grace Street on May 14th and May 15th, due to the street paving project. Claimant alleges that he was unaware that Bennett Street was also being asphalted, and therefore, parking was not allowed on this street. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, it is Operations & Maintenance Department policy to notify residents living along the street and tag any vehicles that are parked on the street 24 hours in advance of the project. If efforts are unsuccessful, Ops & Maintenance works with the Police Department to have the vehicles towed to another location, at the expense of the Ops & Maintenance Department, so that the paving can proceed. However, according to Dubuque Police Department Impounded Vehicle Report No. 03-19192, this vehicle had to be towed due to street construction and held due to a hazardous condition of the vehicle. The report states that the gas line on the vehicle was replaced with a soft rubber hose, which was held together with hose clamps and hanging on the ground. Due to this condition, the officer felt it was necessary to remove this vehicle from the street. It is therefore the recommendation of John Klostermann to approve the initial towing cost of $45.00 to remove the vehicle from the street in order for the paving project to continue, but to deny any additional charges for towing and storage due to the hazardous condition of the vehicle. The Legal Department concurs with this recommendation. BAL:tls cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Michael Bartolotta SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583~1040 / EMAIL BALESQ(~M~NCI.NET Operations and iVlaintenance Department 925 Kerper Boulevard Dubuque, Iowa 52001-2338 (563) 5894250 office (563) 5894252 fax (563) 58941.93 TDD op$&maint~cityofdubuque.org Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 June 11,2003 Dear Barry: This letter will respOnd to. the claim filed by Mr. M~hael Bartolotta. Mr. Barto[otta claims that his automobile was towed from Bennett Street due to the street paving project. Mr. Bartolotta also Claims that he was nOtified that we were paving on Grace Street, but did not receive-any notice that we were paving on Bennett Street. It is our policy to notify residents living along the street and tag any vehicles that are parked on the street we plan on paving 24 hours in advance of the project. When our efforts are unsuccessful, we do work with the police department and have vehicles towed to other locations so paving can proceed. When it is necessary to do this, we normally pay for the towing charge. In this case, according to the Dubuque police department impounded vehicle report, "this vehicle had to be towed due to street construction and held due to a hazardous condition". The report states that the gas line on the vehicle was replaced with a soft rubber hose, which was held together with hose clamps and hanging on the ground. Due to this condition, the officer felt it was necessary to remove this vehicle from the street. It is my recommendation to pay the $4'5.00 towing cost to remove the vehicle from the street so the paving of Bennett Street could continue. It is also my recommendation to .......... ~*~" I~.arges for~toragex:lue ~ ' , " 41en~ -~,,z ....... hal c th~ ,,~fuvus~vnditi-orr of .... the vehicle. If you need any additional information concerning this claim, please contact me. Sin erely, ~ Service People L'xteg~ty Responsibility Innovat/on Teamwork DUBUQUE POLICE DEPART/V~IVT ( ) OWNER CF ( ) um, ourmm) v~mcLi~ ~___~n,r ~ro~ ~E Y~ '~ CO T B LI~ NO. [ ~ ~ATE N~C ~ ~S~TS ()~ ~ ) ~ ( )~s ( )s~on~ o~o~$~ ~o~o~ss OP~TOR ~ NO. D~ ~ ~B ~ TO~D RY ~ ~'D~ , ~ '~'~O TOW CO~ D~GE P~TS ~G ~O~ - ~O~ ~~ CO~ION I ~V~ logy ~ u~ ~ ~:' ~-~:O PROPER~ O~ER ~ED ~. OR S.W. O~ NO.