Claim Response Neyens, Steven
BAR R Y A. L I N D A H L, E s .
CORPORATION COUNSE~, CITY OF DUBUQUE
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MEMO
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To: Mayor Terrance M. Duggan and
Members of the City Council
DATE:
October 6,2005
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RE: Claim Against the City of Dubuque by Steven Neyens
Claimant
Date of Claim
Date of Loss
Nature of Claim
Steven Neyens
09/16/05
08/11 & 08/18/05
Property Damage
This is a claim in which the claimant alleges that due to heavy rains which occurred on
August 11 & 18, 2005, the storm drains overflowed and the run-off washed away
claimant's driveway.
According to the report of Don Vogt, Public Works Director, there is an ongoing
stormwater problem near claimant's residence. A number of blocks of Kane Street as
well as some additional side streets drain to the low area of Kane Street immediately in
front of claimant's driveway. Mr. Vogt explains that there are no other catch basins or
storm sewers anywhere else in the area. Although the storm sewer serving the three
catch basins located by the claimant's driveway appear to be sufficient size to handle
the area's stormwater, an additional catch basin is needed to collect the extra water
from intense rain events that occur once or twice a year.
The City has been aware of this problem for a number of years, and the installation of
this needed catch basin in on the Engineering Department's capital improvement project
list.
Since the City has had prior knowledge of this stormwater problem near 850 Kane
Street, it is the recommendation of Don Vogt to approve this claim for the filed amount
of $360.00. The Legal Department concurs with this recommendation.
BAL:tls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street & Sewer Maintenance Supervisor
Steven Neyens
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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MEMORANDUM
October 3,2005
TO:
Barry A. Lindahl, Corporation Counsel
D~n Vogt, Public Works Director wL-
SUBJECT: Steven K. and Leslie E. Neyens Claim
FROM:
INTRODUCTION
The purpose of this memorandum is to respond to the claim filed against the City of
Dubuque by Steven K. and Leslie E. Neyens of 850 Kane Street.
DISCUSSION
In their September 16th claim, the Neyens allege that their driveway was damaged by
stormwater from two storms in mid-August. They are asking for compensation
($360.00) equal to what they paid a contractor to repair their driveway.
There is an ongoing stormwater problem in Mr. and Mrs. Neyens' neighborhood. A
number of blocks of Kane Street, plus Andrew Court, Linda Court, and Boyer Street,
drain to the low area on Kane Street immediately in front of the Neyens' driveway.
There are no other catch basins or storm sewers anywhere else in the area. While the
storm sewer serving the three catch basins by the Neyens' driveway appears to be of
sufficient size to handle the area's stormwater, an additional catch basin is badly
needed to collect the extra water from the infrequent, but intense, rain events that occur
once or twice per year.
The City of Dubuque has been aware of this problem for years. One of the Engineering
Department's budgeted capital improvement projects provides for the installation of the
needed catch basin. Hopefully, this work can be done in the near future. Since the City
has prior knowledge of the stormwater problem at 850 Kane Street, to the point that it is
already planning to address the problem through a scheduled capital project, I believe
that the Neyens' request for compensation equal to their cost to repair their driveway is
justified.
ACTION STEP
I recommend that the Neyens' claim be settled in their favor.