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Claim Response Egan, Karen " BARRY A. LINDAHL, Es CORPORATION COUNSE , CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council i ., , ~} DATE: November 16, 2005 RE: Claim against the City of Dubuque by Karen Egan Claimant Date of Claim Date of Loss Nature of Claim Karen Egan 11/07/05 10/01/05 Property Damage This is a claim in which the claimant alleges that employees of the City refuse crew threw away her garbage can lid during weekly pickup. According to the report of Paul Schultz, Solid Waste Management Supervisor, refuse is normally collected at approximately 6:00 a.m. in claimant's neighborhood. Claimant stated that there were no witnesses regarding City refuse crew disposing of her lid, however, she went to retrieve her garbage can shortly after collection and the lid was missing. Mr. Schultz states that claimant's container likely had a partially attached lid which could have fallen into the refuse truck unnoticed, due to the dark. Mr. Schultz also states that lids are required for collection. Replacement lids, however, for claimant's model of container are not locally available for purchase. It is therefore the recommendation of Paul Schultz to approve this claim for the amount of the submitted estimate of $16.49. The Legal Department concurs with this recommendation. BAUls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Management Supervisor Karen Egan SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org D~~~E ~c/Ae-~ MEMORANDUM November 15, 2005 TO: FROM: SUBJECT: Barry A. Lindahl, Esq., Corporation Council Paul F. Schultz, Solid Waste Management Supervisor Claim of Karen Egan The claim is recommended to be approved to replace one solid waste container for $16.49. Karen Egan submitted a claim alleging that a City's solid waste collection crew, on October 1, 2005 around 6 AM, disposed of her solid waste container lid. The claimant stated that there were no witnesses but when she went to retrieve her empty container soon after collection, the lid was missing. The customer's container likely had a partially attached lid fall off into the hopper in the dark and get disposed at the landfill. (The crew did not recall the circumstances of collecting this setout four weeks previous to the filing of the claim.) Lids are required for collection. Replacement lids were not locally available for purchase for this model of container. The customer offered to give us the old container that was requested to be replaced (without the lid) which we would be able to use. I recommend approving a claim for a similar solid waste container with a fully detachable lid.