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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 c ) I l I , ~- ~ \. L! SUITE 3301 HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org DU~~E ~<lk-~ 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 "- .J ~1 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.