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Claim by James and Molly KolfMasterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council DATE: October 25, 2010 RE: Claim Against the City of Dubuque by James & Molly Kolf Claimant Date of Claim Date of Loss Nature of Claim James & Molly Kolf 10/25/10 07/23/10 Property Damage This is a claim in which claimant alleges that a city -owned detention basin overflowed and flooded the basement of their residence at 2342 Matthew John Drive. 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 Gus Psihoyos, City Engineer James & Molly Kolf MEMORANDUM OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL tsteckle @cityofdubuque.org August 8, 2010 Mr. Gus Psihoyos City Engineer City of Dubuque 50W 13 Street Dubuque, IA 52001 Dear Gus RECEIVED 10 OCT 25 AM 9:51 City Ler• Office Dubuque, IA Enclose is my claim for damages from the backup of the retention bond on July 23, 2010. I have included only actual damages and did not include my time or incidental costs. I strongly feel this was a maintenance issue that was the primary reason the problem occurred. Two or three days prior to the storm, the City crew cut the grass in the pond, including the near waste high center area that had not been cut for quite a while. I understand that this high grass was inaccessible for cutting much of the summer due to the wet conditions. After cutting this high grass I believe the cutting should have been picked up and removed. l understand from talking to neighbors that the top of the outlet structure was covered with grass restricting water flowing through the grate. This probably also contributed to the restricted drainage of the controlled outlet on the side. I looked at the grate on the top of the structure and am wondering why it has such small openings, about 1" square? For safety I would think 3" to 4" openings would be OK and provide a little protection from this clogging up again. I am hoping the City's insurance will cover all of our damages. I appreciate your efforts on our behalf. Sincerely James an Molly Kolf 2342 Matthew John Drive Dubuque, IA 52002 F. James kolf 2342 Matthew John Drive Dubuque, IA 52002 Flood Damage - July 23, 2010 Kandoo Professional Services - Flood Cleanup Kandoo Professional Services - Restoration Carpet pad and drywall removal Carpet pad and Replacement Final claening of tile floors Geisler Brothers - AC and furnace service Owner damages and work Replace 6 doors and frames 2 $120.00 /Ea. Replace dehumidifier Personal items damaged Furniture damaged TOTAL $1,267.61 $4,280.94 $60.00 $720.00 $200.00 $500.00 $500.00 $7,528.55 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 West 13th St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorney's Office. 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: 1< d i i 4 /'Moat 2. Address: 2W7 iy"yeu/ Jo/m/ anivi !e!L 3. Telephone Number 543- SS 5 - c/6 3 (Pb ,r . Sq9 /) 4. Date of Incident: --tai y Z?, Ze /ea 5. Time of Incident 67 enuteAl /-:or d . 1 489 Afri 6. Location of Incident (Be specific): 4 /lam /rev, , 4/ ' 'J tiff/ D/ /14riii 'J -.kw/NJ az- 1 ,U»vw O� 4r ' y Rp . Sf/Qver / 4,Q✓ff, vid4 f /don / /I /Q,' 7. Describe the 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.) AGr'Ii JJ /ort✓ 3,41/x./ 6 v1// W�rf4/1 /6 eiht 4teK y440 Ol /1q'40 x. 3' DA/ '/l, dc 111, o 1 o/ E $ 40o.4 /pvir 0 `Lan Leon . q/.r.+i/1 9H,1,,✓bil /,,{c fAafr Ave Mitzi ,Odn,/f to y 1,//4 7f /614 8. What were weather conditions like? / /,,vY 44/vt fweve.Ai 4J /vi{ f 9. Give name and address of any witnesses: l # //S Y/e4/ '%ti2 Z3Z`f M9 1174,41 .41141 JiM x ef,✓, r4 ail St, z R „ 1 1 10. Did police investigate? (If so, give names of officers.) it 20 - G',71 I. /6 /'vain ✓61 S * 1 1 QE OiO./ 11/4"f1 /i tiff, Dd. 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 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.) Yet„ &40 A/4 >ER cAWe La R leifit ((mu arl) Ault' 7 4 t 4•J 1/ 01/7f /0E &Au . ap Zfr ir/c(JOt Ate f PA4. O1 r' Ji « / ?/l /A 1 lNv 0 /J'l /Jt• 1r11O1ka/1 14.1'a4 >d2m'W E 44(04146 K Ord > /onlr, 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.) /U6 15. What amount do you claim from the City of Dubuque? -# 7, Coo `° (fie 4»,*rn0 u privet >) 16. Why do you claim the City of Dubuque is responsible? Ll�Y /y4AwiO An/fiMJ /oA✓.? A4> ,C'/!,/ I‘ ' 1/Ar,0 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 this 6 day of 41)6 1/11 , 20 /0 . (Signatu ` e) ✓ qe iv (Print Name)