Claim Response Elliott, Mike & Vi
BAR R Y A. L I N 0 A H L, ESQ. ~ \ ~
(~ORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
'.0:
Mayor Terrance M. Duggan and
Members of the City Council
[)ATE:
October 26, 2005
F~E:
Claim against the City of Dubuque by Michael & Viola Elliott
~Iaimant
Date of Claim
Date of Loss
Nature of Claim
I\~ichael & Viola
E:lliott
1 0/19/05
06/1 0/05
Property Damage
T'his is a claim in which the claimants allege that as a City refuse truck was attempting to
turn into the alley between South Grandview and Bradley Street, the truck struck and
damaged the eave of claimant's garage.
Alccording to the report of Paul Schultz, Solid Waste Management Supervisor, tread
rTlarks of a high profile truck were discovered near the corner of the garage where the
alleged damage occurred. Mr. Schultz states that because refuse is picked up in this
area on Fridays, and that it would be highly unlikely for a second high profile truck to be
using this alley, he believes it must have been a City refuse truck that caused the
damage to claimants' garage.
It is therefore the recommendation of Paul Schultz to approve this claim for the filed
almount of $285.00. 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
Michael & Viola Elliott
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SUITE 3301 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 25, 2005
TO:
Barry A. Lindahl, Esq., Corporation Council
FROM:
Paul F. Schultz, Solid Waste Management Supervisor
SUBJECT:
Claim of Michael and Viola Elliott
The claim and estimate is recommended to be approved as filed for
$285.00.
Michael and Viola Elliott submitted a claim alleging that one of the City's
solid waste collection trucks on June 10,2005 made to sharp a turn entering or
exiting the narrow alley behind 301 South Grandview striking the garage eave
and damaging the gutter.
Upon investigation, none of the three collection trucks servicing the alley
that day could remember getting close to or damaging the garage. There was no
visible evidence on the damaged eave or on any of the truck bodies at the height
of the eave.
However, the type of tire tread marks cutting the corner and the fact that it
is extremely rare for any other high profile truck to use that alley, much less on a
Friday morning, has lead me to conclude that it was almost certain that one of
our collection trucks caused the damage.
MEMO
,. _.~>
BAR R Y A. L I N 0 A H L ,SQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
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To: Mayor Terrance M. Duggan and
Members of the City Council
DATE:
November 2,2005
(~';
RE: Claim against the City of Dubuque by Rebekkah Michel
Claimant
Date of Claim
Date of Loss
Nature of Claim
Rebekkah Michel
1 0/26/05
1 0/13/05
Property Damage
l-his is a claim in which the claimant alleges that employees of the City refuse crew
damaged two of her garbage containers, and seized and disposed of one of the
containers.
According to the report of Paul Schultz, Solid Waste Management Supervisor, a City
refuse crewmember seized and disposed of one of claimant's broken containers. Mr.
Schultz states that before a City refuse crewmember resorts to seizing a broken
container, the container should be tagged twice, informing the resident of the broken
container. However, Mr. Schultz also reports that, upon investigation of the second
container at the alley collection site, which according to the claimant was identical to the
first container, photos indicate a broken, lesser quality container.
It is therefore the recommendation of Paul Schultz to approve this claim for the
replacement of the one container that was seized and disposed of, as breakage of less
sturdy containers are not the responsibility of the City, according to City Code 40-18(b).
Mr. Schultz priced a similar sturdier container at a local retailer for $11.92, and is
therefore recommending payment of this claim in the amount of $13.00
BAL:tls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Rebekkah Michel
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque,org
MEMORANDUM
November 2, 2005
TO:
FROM:
SUBJECT:
Barry A. Lindahl, Esq., Corporation Council
Paul F. Schultz, Solid Waste Management Supervisor
Claim of Rebekkah Michel
Part of the claim is recommended to be approved to replace the one can
which was seized for not over $13.00.
Rebekkah Michel submitted a claim alleging that a City's solid waste
collection crew on October 10,2005 broke her two Rubbermaid refuse
containers and seized and disposed one of them. The claimant stated that there
were no witnesses.
The claimant spoke on the phone to me about the incident when she was
called to get the dollar amount of the claim which had been left blank on the
submitted form. She stated that both her cans were high quality Rubbermaid
brands and both should be replaced. She stated that they retail for $23.95 each
at Theisens.
Upon my investigation, the crewmember confirmed that he had seized
and disposed of a broken container. However, he should have tagged any
broken container twice before seizing and disposing of it. He also stated that the
cans were a much cheaper, less resilient Cornerstone brand and not a high
quality Rubbermaid brand. An investigation at the alley collection site and
photos showed a broken Cornerstone container. City ordinance directs crew to
seize broken and improper containers.
City Code in 40-18 (b) also states:
Containers shall be of a type originally manufactured for refuse or
garbage, with tapered sides for easy emptying, and shall be of
lightweight and sturdy construction.
I recommend approving a claim for this one seized container at the value
of a similar Rubbermaid container as long a sturdier container is purchased as
the replacement. Breakage of less sturdy containers under normal crew
handling is not the responsibility of the City. I priced a similar Rubbermaid
container today at Lowe's for $11.92.