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Claim Response Horsfall, Leanne BAR R Y A. L I N D A H L, ESQ. CITY ATTORNEY MEMO To: Mayor Roy D. Buol and Members of the City Council DATE: June 14, 2006 RE: Claim against the City of Dubuque by Leanne Horsfall Date of Loss Nature of Claim Claimant Date of Claim Leanne Horsfall 04/03/06 04/05/06 Property Damage This is a claim in which the claimant alleges that the basement of her residence located at 2161 Lincoln Avenue sustained water damage due to a plugged city sewer line. According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, Mr. Klostermann initially recommended this claim to be denied on April 9, 2006, and the denial was approved by the City Council at the May 1, 2006 City Council meeting. That recommendation was based on records that indicated there had not been a request for service in the 2100 block of Lincoln Avenue since 1998. The Claimant then submitted a request at the June 5, 2006 City Council meeting for the City Council to reconsider her claim. After receiving claimant's request, Mr. Klostermann researched the sanitary sewer inspection file and found a report dated February 18, 1997 which indicated the manhole located on Lincoln Avenue at Stanton Street was in poor condition and had roots in the bottom of the manhole at the time of the inspection. Since the March 31, 2006 backup, the defective manhole has been replaced and a section of pipe on Lincoln Avenue has been repaired. Therefore, based on the new information found in the February 18, 1997 report, it is Mr. Klostermann's recommendation to approve this claim as filed for the amount of $202.23. The Legal Department concurs with this recommendation. BAUls cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street & Sewer Maintenance Supervisor Leanne Horsfall OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org