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Claim by Scott KressCopyrighted December 6, 2021 City of Dubuque Consent Items # 2. City Council Meeting ITEM TITLE: Notice of Claims and Suits SUMMARY: Phyllis Hankel for personal injury; Joshua Holder for vehicle damage; Scott Kress for property damage; Caitlyn Tekippe for vehicle damage. SUGGESTED Suggested Disposition: Receive and File; Refer to City Attorney DISPOSITION: ATTACHMENTS: Description Type Claim by Phyllis Hankel Supporting Documentation Claim by Joshua Holder Supporting Documentation Claim by Scott Kress Supporting Documentation Claim by Caitlyn Tekippe Supporting Documentation CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. 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. 13t" 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 THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: Scott Kress 2. Address: 360 Edith St City: Dubuque 3. Telephone Number: 563-580-6080 4. Date of Incident: 07/03/2019 5. Time of Incident: 2:00pm State: IA Zip: 52001 6. Location of Incident (Be specific): The basement of my home at 360 Edith St 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 employee's name.) The street was dug open for repairs outside of my home. While it was being repaired, a water pipe was hit causing multiple homes around me to have water back up into our basements. 8. What were weather conditions like? Normal summer day 9. Give name and address of any witnesses: Robert Schmitz, Russ Reed, Dave Cole (all neighbors) 10. Did police investigate? (If so, give names of officers.) Unknown 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Not to my knowledge 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.) Nothing was phycially damaged, however I was billed for the water cleanup by Service Master. I have attached their bill along with this document. 13. What other damages do you claim, if any? 14. Have you been 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.) Are 15. What amount do you claim from the City of Dubuque? $954.87 16. Why do you claim the City of Dubuque is responsible? The work on the street was the cause of the water backup. Not a fault of myself as the homeowner. 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) No 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this 18th 175 &7X't'vz� Scott Kress (Rev. 5/18) day of November 7 2021 (Signature) (Print Name) Filing a Claim When Should I File a Claim? If you have sustained an injury or damage for which you believe the City or one of its employees is responsible, you may file a claim against the City, How Do 1 Request a Claim Form? In order to obtain a claim form, please contact or visit one of the following City offices: -City Clerk's Office City Hall 50 W. 13th St. Dubuque. IA 62001 563.589.4120 City Attorney's Office Harbor View Place, Ste. 330 300 Main St. Dubuque, IA 52001 563.583.4113 Can I Send in Additional Information with the Claim Form? Yes. It is recommended that you send in as much information as possible with your claim form in order to expedite the investigation of the claim. This includes, but is not limited to, estimates, receipts, medical bills, pictures and any other information you feel may be relevant to your claim. It is also recommended that you send in copies of these items and keep the originals for your records. What Happens After I File My Claim? Once a claim has been received and file -stamped by the City Clerk, it is forwarded to the City Attorney's Office for investigation. Claims involving personal injury or substantial property damage will be forwarded to the City's claims agency for investigation. You will receive a letter from the City Attorney's Office indicating that your claim has been forwarded to the claims agency. This letter will also contain the claims agency's contact information. A claims adjuster will then contact you regarding your claim. At that point, any questions regarding your claim should be addressed to the claims adjuster. All other claims will be forwarded to the appropriate City department for investigation. After speaking with employees and consulting department records, the department manager / supervisor will make a recommendation as to whether the claim should be approved or denied. Based on that information, the City Attorney will then make a recommendation to the City Council as to whether the claim should be approved or denied. If the City Attorney recommends that the claim be denied, you will receive a copy of the department manager / supervisor's report along with the City Attorney's report to the City Council. If the City Attorney recommends that the claim be approved, you will receive the City Attorney's report to the City Council as well as a release form to be signed and returned to the City Attorney's Office. These are only recommendations. It is important to note that the final decision on all claims is made by the City Council. No employee of the City has the authority to make any representation to you as to whether your claim will or will not be paid. If the City Council approves the claim for payment at its City Council meeting, a check will be mailed to you provided the City Attorney's Office has received your signed release form. What if My Claim Is Denied by the City Council? The City Council makes its determination at City Council meetings, which are held the first and third Monday of each month. We recommend writing a letter to the City Council indicating why your claim should not be denied and any additional information that you have to support your claim. It is not necessary to appeal the City Attorney's recommendation for denial of your claim before the City Council makes its determination, however, you may do so. You are invited to attend the City Council meeting when your claim will be decided; however, your attendance is not mandatory and you still have the right to appeal the City Council's decision any time after it has been made. If your claim or appeal is denied, you have the option of filing a lawsuit in a court of appropriate jurisdiction. How Long Do I Have to Wait Before my Claim is Resolved? The length of time it takes to investigate and resolve a claim depends largely on the nature of the claim and the amount of damages Involved. Some claims may take a few weeks to resolve, while others may take longer. If you wish to check on the status of your claim or if you have any questions or concerns about the process, contact the City Attorney's Office at 563.583.4113. How Long Do I Have to File a Claim? You may file a claim at any time. However, if your claim is denied by the City Council and you wish to file a lawsuit, you should be aware that state law may limit the time In which to file a lawsuit. City of Dubuque City Council Meeting Consent Items # 3. Copyrighted December 6, 2021 ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Anthony Cobbins for vehicle damage; Phyllis Hankel for personal injury; Joshua Holder for vehicle damage; Scott Kress for property damage; Caitlyn Tekippe for vehicle damage; White Animal Hospital for property damage. SUGGESTED Suggested Disposition: Receive and File; Concur DISPOSITION: ATTACHMENTS: Description I CAP Referral Type Supporting Documentation THE CITY OF DUB E N N D H a Masterpiece on the Mississippi JONI MEDINGER LEGAL ADMINISTRATIVE ASSISTANT To: Mayor Roy D. Buol and Members of the City Council DATE: 11 /23/2021 RE: Claim Against the City of Dubuque by Scott Kress Claimant Date of Claim Date of Incident Nature of Claim Scott Kress 11 /18/2021 7/3/2019 Property Damage This is a claim in which claimant alleges that a City sewer line backed up into Claimant's basement. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager Christopher Lester, Water Department Manager Scott Kress OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4113 / FAX (563) 583-1040 / EMAIL jmedinge@cityofdubuque.org