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Claim Response Jones, Connie BAR R Y A. L I N D A H L, E CORPORATION COUNS CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: August 24, 2005 RE: Claim Against the City of Dubuque by Connie Jones Claimant Date of Claim Date of Loss Nature of Claim Connie Jones 07/11/05 06/05/05 Property Damage This is a claim in which the claimant alleges that during a storm which occurred on June 5, 2005, a City tree was blown onto claimant's house located at 1790 Key Way. Claimant alleges that the condition of the tree was unstable due to street repairs made to Key Way in October and November of 2004. According to the report of John Hail, Park Division Manager, Mr. Hail spoke with City Forester Steve Pregler regarding the possibility of tree damage due to a water main break which lead to the street repairs referenced in claimant's claim. Mr. Pregler stated that the entire root ball of the tree was exposed the night of the storm and showed no sign of root damage. However, Mr. Hail reports that while the crane service removed the tree from the house, 80 square feet of sidewalk was damaged. According to an estimate by the City Engineering Department, the average replacement cost of sidewalk is $4.50 per square foot. This would total $360.00. It is therefore the recommendation of Mr. Hail to approve this claim for the amount of $360.00. The Legal Department concurs with this recommendation. SAL:tls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk John Hail, Park Division Manager Connie Jones C. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE,IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org ~, AUG-23-2005 rUE 02:57 PM LEISURE SERVICES DBQ IA FAX NO. 1 563 589 4391 p, 02 DUB%iduE ~t/k.~ MEMORANDUM August 23, 2005 TO: Barry Lindahl, Corporation Counsel FROM: John J. Hail, Park Division Manager r'. IJ- ./ .A- /.' SUBJECT: Claim of Connie Jones, 1790 Key Way Drive I spoke with Steven Pregler about the possibility of damage that may have been done to the tree previously because of a water main break in front of the residence. He stated that Ms. Jones asked the same question that night. Steve said the entire root ball was exposed and showed no sign of root damage or die-back in that area. In regard to the sidewalk repair, when the crane removed the root ball, 80 square feet of sidewalk was damaged. City Engineering estimated that average cost for replacement of sidewalk is $4.50 per square foot. This would total $360. I recommend this settlement for damage caused when the crane removed the tree from the house. JJH:et