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Claim Response Michel, Rebekkah BAR R Y A. L I N D A H L, E CORPORATION COUNS CITY OF DUBUQUE ..i . MEMO To: Mayor Terrance M. Duggan and Members of the City Council (,, DATE: December 13,2005 RE: Claim against the City of Dubuque by Rebekkah Michel Claimant Date of Claim Date of Loss Nature of Claim Rebekkah Michel 12/07/05 11/26/05 Property Damage This is a claim in which the claimant is requesting that the second of two solid waste containers, which was disposed of by City refuse crew, be replaced. According to the report of Solid Waste Management Supervisor Paul Schultz, Rebekkah Michel submitted a prior claim on October 26, 2005 alleging that the City's Solid Waste Collection Crew broke her two refuse containers and disposed of one of them. She stated that both containers were high quality Rubbermaid brands and requested both be replaced. The crewmember confirmed that he had disposed of the broken container. However, he should have tagged the broken container twice before disposing of it. Upon an investigation at the alley site in which photos were taken, it was discovered that the remaining broken container was a cheaper, less resilient brand container. City Ordinance 40-18(d) directs crew to remove broken and improper containers. Mr. Schultz explains that he approved the first claim for the amount of the one seized container since it was disposed of without adequate prior notice. However, the breakage of less sturdy containers under normal crew handling is not the responsibility of the City. City Council approved Ms. Michel's first claim upon the recommendation of Mr. Schultz for the amount of $13.00, which is the replacement cost of a similar, sturdier container. However, because claimant has not yet returned the signed release, the $13.00 check has yet to be disbursed to claimant. Claimant is now making a second claim for the reimbursement for the same second broken container. Mr. Schultz states that the second container was split down the side, had only one handle, was missing 75% of the rim and 50% of the side-wall, and had no SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org , lid and no way to accommodate a lid. Additionally, Mr. Schultz reports that the empty broken container had been set out in a rack in the right of way for weeks after Mr. Schultz's telephone conversation with claimant explaining instruction on container rules and the written denial notice of Ms. Michel's initial claim for the second container. It is therefore the recommendation of Paul Schultz to deny this claim as the crew properly disposed of claimant's second refuse container. 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 Rebekkah Michel SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 f FAX (563) 583-1040 f EMAIL balesq@cityofdubuque.org