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
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AUG-23-2005 rUE 02:57 PM LEISURE SERVICES DBQ IA
FAX NO. 1 563 589 4391
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MEMORANDUM
August 23, 2005
TO: Barry Lindahl, Corporation Counsel
FROM: John J. Hail, Park Division Manager
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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