Claim Response Avenarius, Milt
"-
BARRY A. lINDAHL. V
COR P 0 RAT ION C 0 U N S\~~. C IT Y 0 F DUB U QUE
éi
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
iC'
DATE:
September 20, 2004
RE:
Claim Against the City of Dubuque by Milt Avenarius
Claimant
Date of Claim
Date of Loss
Nature of Claim
Milt Avenarius
09/02/04
08/30/04
Property Damage
This is a claim in which the claimant alleges that the City water was shut off near 2980
Oak Crest Drive because of a water leak, without notice to the homeowners, which
caused the elements in claimant's hot water heater to burn out.
According to the reports of Bob Green, Water Department Manager and Mike Brekke,
Water Distribution Supervisor, the Water Department was involved in repairing a water
main break at 3085 Oak Crest Drive. While excavating to make the repairs, the service
line was accidentally hit and severed by the backhoe bucket. Due to the amount of
water spraying out from the broken service line, it was necessary to shut off the water
immediately. Crew members knocked on doors in attempt to notify surrounding
homeowners that is was needed for the homeowners to shut off their water, and that
they would possibly be without water for a few hours. However, when asked, the crew
members could not recall whether they actually spoke with someone at the Avenarius
household, or if no one answered the door. Staff did report though, at no time did any
of the homeowners speak with crew members regarding problems from the water being
shut off. Nonetheless, Mr. Green does state that the damage alleged by the claimant
could have been a result from the work being done by the Water Department.
It is therefore the recommendation of the Bob Green to approve this claim for the amount
of $311.05. The Legal Department concurs with this recommendation.
BAL:tls
cc:
Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Bob Green, Water Department Manager
Milt Avenarius
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
. -
~
-~
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 17, 2004
TO:
FROM:
Tracey Stecklein, Legal Department
Bob Green, Water Department Manager~
SUBJECT: Damage Claim for Milt Avenarius
In evaluating this claim, we find that this damage could have taken place as a result of
our work. Therefore, it is staffs and my recommendation to pay this claim.
Please let me know if we can be of any further assistance with this claim.
vie
Attachments
cc: File
.~
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 16, 2004
TO:
Bob Green, Water Department Manager
Michael Brekke, Water Distribution superviso¡ ¥)ß
FROM:
SUBJECT: Damage Claim for Milt Avenarius
I have reviewed the information provided in regards to the damage claim against the
City of Dubuque filed by Milt Avenarius. On August 30, 2004 the Water Distribution crew was
involved in repairing a water main break at 3085 Oak Crest Dr. While excavating to make the
repairs the service line for 3085 Oak Crest Dr. was accidentally hit by the backhoe bucket
and severed. Due to the amount of water spraying out from the broken service line the
Distribution crew needed to shut the water off immediately. A couple of the crew members
went around to each of the houses on the street and knocked on doors to let the
homeowners know they were going to have to shut the water off and they would be without
water for possibly the next couple of hours. Mr. Avenarius's house would be included in this
area. Staff cannot recall if they actually talked to someone or if no body was home at the
Avenarius house. In making the repairs to the water main a section of the pipe had to be cut
out, therefore draining the water main from Greenwood down to the cul-de-sac (see
attachment). Staff reports that at no time did any of the homeowners speak with them
regarding any problems from the water being shut off. Mr. Avenarius did call my office and
speak with me a day or so after the main break to tell me what had happened. I advised Mr.
Avenarius that if he felt the City was in any way liable for the damage to his water heater he
would need to file a claim at the City Clerks office in City Hall. I also feel that all the routine
procedures were correctly followed as the situation dictated.
As for resolution to this matter your help and cooperation would be greatly
appreciated. I am available at your earliest convenience to review and discuss further details
pertaining to this issue.
Attachments: GIS map of area
cc: File