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
-/
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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
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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.
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