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
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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 ( )
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