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Claim Response Weitz, RonaldBARRY A. LINDAHL, ESQ. CORPORATION COUNSEL, MEMO CITY OF DUBUQU~I ~ To: Mayor Terrance M. Duggan and Members of the City Council DATE: August 14, 2003 RE: Claim Against the City By Ronald Weitz Claimant Date of Claim Date of Loss Nature of Claim Ronald Weitz 07/08/03 07/04/03 Property Damage This is a claim in which claimant alleges that while a City paving truck was parked at the top of Lowell Street, water was diverted onto claimant's property, damaging a chain link fence, washing out an embankment, and causing water damage in the basement of claimant's property. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, many areas of the City received storm damage caused by wind and heavy rain on July 5th. Also on this same date, the Operations & Maintenance Department received a notice from police dispatch that an embankment located at 2310 Hempstead Street had washed out due to the heavy reins. While visiting the area, Mr. Klostermann noted that an Ops & Maintenance asphalt paver was parked propedy next to the curb. There was also a pick- up truck parked in the same manner up hill from the paver. After reviewing the damage, Mr. Klostermann became concerned with the possibility of additional rainfall, and had the paver moved to another location to avoid additional damage. Although it is the opinion of John Klostermann that the paver was propedy parked, his investigation did show that the front tires of the paver diverted water over the curb. It is therefore the recommendation of John Klostermann to approve this claim for the claimed amount of $475.00 since the paver may have contributed to additional flow onto the property. The Legal Department concurs with this recommendation. BAL:tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Ronald Weitz SUn*E 330, HARBOR V~EW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MWCI.NET Operations and Maintenance Department 925 Kexper Boulevard Dubuque, Iowa 52001-2338 (563) 5894250 office (563) 5894252 fax (563) 5894193 TDD ops&maint~cit~ofdubuque.org August 13, 2003 Barry Lindahl Corporation Council 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Ronald Weitz. The claimant alleges that the asphalt paving equipment that was parked for the weekend on Lowell Street, diverted water onto the claimants yard and caused him property damage. Dudng the eady moming of July 5th, many areas of the city received storm damage caused by wind and a heavy rain. Reports of 1.9 inches of rain dudng a very short time were not uncommon. Street flooding occurred on several streets including Kaufmann Avenue, Rosedale, West Locust and East 22nd Streets. On July 5th, I received a notice from the police dispatch center that the embankment had washed out due to the heavy rains. While reviewing the area, I noted that our asphalt paving equipment was parked propedy next to the curb. There was also a pick up truck parked in the same way up hill from our asphalt paver. After reviewing the damage, I became concerned with the possibility of additional rainfall, and had the paver moved to another location to avoid additional damage. Although I feel that the asphalt paving equipment was properly parked, my investigation did show that the front tires of the paver diverted water over the curb. It is therefore my recommendation to pay the damage claim of $475.00 because the paver may have contributed to additional flow onto the property. If you need any additional information concerning this claim, please contact me. Sincerely, J~n~;~ ~ ~K~°eS~rm~r ~r vis or Service People ~ategrit7 Responsibiti~* Innovation Teamwork