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Claim Response Waddick, Robert V BARRY A. LINDAHL, ,\~Q. CORPORATION COUNS\, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: October 12, 2004 RE: Claims Against the City of Dubuque by Robert Waddick Claimant Date of Claim Date of Loss Nature of Claim Robert Waddick 10/05/04 05/04/04 Property Damage This is a claim in which the claimant alleges that the bottom rail of his patio door, which was bracing up his mailbox, was mistaken for refuse and disposed of by the City of Dubuque sanitation crew. According to the report of Paul Schultz, Solid Waste Management Supervisor, a seasonal utility crewmember collected and disposed of a piece of used metal track roped up against a curbside mailbox. The claimant called and explained that the metal piece had not been set out for refuse, but that he was using it to brace up his mailbox. Mr. Schultz unsuccessfully spent several hours trying to locate a replacement track from the original manufacturer, and also from several door suppliers, distributors and installers. It is therefore the recommendation of Paul Schultz to approve this claim for replacement of the patio door for the amount of the submitted estimate of $273.47. The Legal Department concurs with this recommendation. BAL:tls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Management Supervisor Robert Waddick -/ lc' SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE. IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org . . Operations and Maintenance Department 925 Kerper Boulevard Dubuque, Iowa 5200]-2338 (563) 589-4250 office (563) 589-4252 fax (563) 589-4]93 TDD ops&rnaint@cityofdubuque.org D~ ~<k~ October 11,2004 TO: Barry A. Lindahl, Esq., Corporation Council Paul F. Schultz, Solid Waste Management superviso~ Claim of Robert Waddick FROM: SUBJECT: The refuse crew did collect and dispose of the used piece of metal channel that is the basis of the claim. On May 4, 2004, a utility crewmember, filling-in on a refuse route servicing 1610 Lori Street, collected a piece of used metal track propped-up against a curb line mail box allegedly five feet from the refuse container. Mr. Waddick called and explained that the metal piece was not setout as refuse but was being used as a support for cementing in his mailbox. We were not able to recover the track for Mr. Waddick. Dave Sitzmann interviewed the crewmember on the accidental circumstances at that setout location and took a photo of the mailbox. Mr. Waddick made a dimensional drawing of the track channel. Paul Schultz spent several hours trying to locate a replacement track from the original manufacturer, the company that purchased the manufacturer, patio door suppliers, local distributors, and local installers to no avail. Mr. Waddick was also unsuccessful in locating a track that would work. Since this specific configuration of track is needed for Mr. Waddick's door, and it is not able to be located, a replacement door and track will be needed. The claim and estimate is approved as filed. Service People ¡ntegrity Reopons'bil'ty Innovation Teamwork