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Claim Response Haas, Henry Jr ~ BARRY A. LINDAHL, Es . CORPORATION COUNSEL CITY OF DUBUQUE MEMO "c' To: Mayor Terrance M. Duggan and Members of the City Council DATE: July 29, 2004 RE: Claim Against the City of Dubuque by Henry Haas, Jr. Claimant Date of Claim Date of Loss Nature of Claim Henry Haas, Jr. 07/14/04 06/30/04 Vehicle Damage This is a claim in which the claimant alleges that as he was driving on Kaufmann Avenue near 2411 Kaufmann, he pulled to the side of the street to give the right-of-way to an emergency vehicle, and popped the driver's side tire, due to a pothole in the street. According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, Kaufmann Avenue was resurfaced in 1995 and is in very good condition. Mr. Klostermann states that has not received any notice of this pothole defect prior to the filing of this claim. 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. BAUls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street & Sewer Maintenance Supervisor Henry Haas, Jr. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 I FAX (563) 583-1040 I EMAIL balesq@cityofdubuque.org Operations and Maintenance Department 925 Kerper Bouievard Dubuque, Iowa 52001-2338 (563) 589-4250 office (563) 589-4252 fax (563) 589-4193 TOD ops&maint@cityofdubuque.org D~ ~~~ July 23, 2004 Barry Lindahl Corporation Council 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: In this letter I will respond to the claim filed by Mary Jo and Henry Hass Jr. Mr. Hass claims to have damaged his tire while traveling on Kaufmann Ave, across from 2411 Kaufmann. Our records show that this section of Kaufmann was resurfaced in 1995 and is in very good shape. We did not receive any notice of this pothole defect prior to the filing of this claim. 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, please contact me. ~~ Street/Sewer Maintenance Supervisor Smice People Integ"ty Respoo,ibili!y Innov,tion Tc,mwo.k