Claim Response Mess, JamesBARRY A. LINDAHL, ESQ.
CORPORATION COUNSEL,
CITY OF DUBUQUE
MEMO
TO:
DATE:
RE:
Mayor Terrance M. Duggan and
Members of the City Council
October 10, 2003
Claim Against the City of Dubuque by James Mess
Claimant
Date of Claim
Date of Loss
Nature of Claim
James Mess 09/22/03 09/11/03
Towed Vehicle
This is a claim in which the claimant alleges that his vehicle was wrongfully towed when it
was parked on Johnson Street while Garfield Avenue was being repaired.
According to the report of Mike Koch, Public Works Director, this claim relates to the 2003
Asphalt Paving Project that is being done by River City Paving. The claimant alleged that
"No Parking" signage was not posted when claimant parked on Johnson Street (an
adjacent side street). Based on Mike Koch's discussions with the City Inspector, the signs
for Johnson Street were not posted by the contractor within the 24-hour requirement.
Although the contractor was in error in not placing the signage with sufficient notice, the
vehicle should not have been towed. It is therefore the recommendation of Mike Koch to
approve this claim in the amount of $53.15. The Legal Department concurs with this
recommendation.
BAL:tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Mike Koch, Public Works Director
Klm Wadding, Chief of Police
James Mess
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 10, 2003
TO:
FROM:
SUBJECT:
Tracey Stecklein, Legal Department
Michael A. Koch, Public Works Director,~l.~, V.~,~?,'.'["~ "~", ..
Claim Against the City of Dubuque by James Mess
This claim relates to the 2003 Asphalt Paving Project (Fiscal Year 2004) that is
being done by River City Paving, Division of Mathy Construction, for the
resurfacing of Garfield Avenue.
The claimant has indicated that "No Parking" signage was not posted when he
parked on Johnson Street (an adjacent side street). Based on discussions with
the City Inspector, the signs for Johnson Street were not posted by the contractor
within the 24-hour requirement.
Although the contractor was in error in not placing the signage with sufficient
notice, the City Police Department should not have towed the vehicle in question.
It is my opinion that the City Police Department should therefore be responsible
for the towing cost.
If you have any questions and/or need further assistance, please call me at (563)
589-4270.
MAK/vjd
cc: Klm Wadding, Police Chief
Mike Felderman, PE
Attach.