Claim Response Spensley, ScottBARRY A. LINDAHL, ESQ.
CORPORATION COUNSEL,
CITY OF
DUBUQUE
MEMO
To:
DATE:
RE:
Mayor Terrance M. Duggan and
Members of the City Council
November 21, 2003
Claim Against the City of Dubuque by Scott Spensley
Claimant
Date of Claim
Date of Loss Nature of Claim
Scott Spensley
11/05/03
10/08/03 & 10/10/03 Property Damage
This is a claim in which the claimant alleges that the City sewer main located near 380
Stoltz Street, backed up, causing water damage to claimant's basement.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, the
Operations & Maintenance Department does not have a record of being notified of a sewer
problem on October 8th. VVhen Operations & Maintenance crew arrived at 380 Stoltz
Street on October 10, 2003, they discovered the main line was plugged, possibly due to
roots in the line. The line was cleaned and service restored.
Operations & Maintenance records indicate that there is not a history of problems with this
sewer line. It is therefore the recommendation of John Klostermann to deny this claim due
to the lack of prior knowledge. The Legal Department concurs with this recommendation,
BAL:tls
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street/Sewer Maintenance
Scott Spensley
SUITE 330, HARBORVIEVV PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Operat4ons and Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(563) 589-4250 office
(563) 5894252 f~x
(563) 5894193 TDD
ops&maint~dtyofdubuque.org
November 18, 2003
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Scott Spensley..
Our records show that we were notified of a possible sewer problem at 9:30AM on
October 10, 2003. We have no record that we were notified of the first back up on
October 8th at 7:30PM. When the crew arrived on October 10th, they found that our
main line was plugged. The possible cause of the cloggage was roots in the line. The
line was cleaned and service restored in a timely manner.
Our records show that we do not have history of problems with this line. It is therefore
my recommendation to deny the claim due to the lack of prior knowledge.
If you need any additional information concerning this claim, ~lease contact me.
S' erely,
Jo n Klostermann
Street/Sewer Maintenance Supervisor