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Claim Response Galle, Dan ~ BARRY A. LINDAHL, ESQ. CORPORATION COUNSEL. CITY OF DUBUQUE MEMO F To: Mayor Terrance M. Duggan and Members of the City Council , N DATE: June 2, 2004 :,:? RE: Claim Against the City of Dubuque by Dan Galle ~ N Cf) Claimant Date of Claim Date of Loss Nature of Claim Dan Galle 04/29/04 04/26/04 Vehicle Damage This is a claim in which the claimant alleges that tires on his vehicle were damaged after rubbing up against the curb, striking the water intake on Hill Street at the 8th Street intersection. According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, the location of this intake is in the traffic island of Hill Street at W. 8th Street. Mr. Klostermann states that the condition of the intake is poor and the reinforcing rebar is exposed. However, he did not feel that this area required a barricade as the island does not receive pedestrian traffic and is not in the traveled portion of the roadway. Although Mr. Klostermann had prior knowledge of this defect, it is his recommendation to deny this claim, as it is his opinion that the damage was due to driver error since the location of the intake is not in the traveled portion of the roadway, but located in the traffic island. The Legal Department concurs with this recommendation. SAUls cc: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street & Sewer Maintenance Supervisor Dan Galle SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-41131 FAX (563) 583-1040 1 EMAIL balesq@cityofdubuque.org Operations and Maintenance Department 925 Kerper Boulevard Dubuque. Iowa 52001-2338 (563) 589-4250 office (563) 589-4252 fax (563) 589-4193 TDD ops&maint@cityofdubuque.org D~ ~cÆ~ May 28, 2004 Barry Lindahl Corporation Council 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the claim filed by Mr. Dan Galle. Mr. Galle states that his vehicle was dama~ed when his tires rubbed the curb and struck the water intake on Hill Street at the 8 street intersection. The location of this intake is in the traffic island of Hill Street at W 8th. The condition of this intake is poor and the reinforcing rebar is exposed. I did have prior knowledge of the condition of this intake and plan to have it replaced with the Hill Street resurfacing project currently scheduled for this year. Although I had knowledge of the defect I felt that it did not reqùire a barricade because the island does not receive pedestrian traffic and is not in the travel portion of the roadway. It is my recommendation to deny the claim even though the city had prior knowledge of this defect. I feel the cause of the damage to Mr. Galle's vehicle was due to driver's error since the location of the intake is not in the travel portion of the roadway, but is part of the traffic island. If you need any additional information conceming this claim, please contact me. q" J/ / 17 J n:~~ Street/Sewer Maintenance Supervisor Service People Integrity Rosponsibility Innovation Teamwork