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)