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Claim by Joseph Healey_AppealTHE CITY OF DUB Masterpiece on the Mississippi BARRY LI CITY ATTO EY MEMORANDUM To: Ma • Roy D. Buol and Members of the City Council DATE: April 22, 2013 RE: Joseph Healey Appeal of Claim Denial This is a claim for $7,285.31 for damage to the sanitary sewer lateral at 668 University, owned by Joseph Healey. The claim was filed on December 7, 2012 and was referred to Public Entity Risk Services (PERS). Based upon the investigation by PERS, the claim was denied on January 14, 2013. PERS concluded that there was no evidence that the City or the contractor who performed work for the City for the 2004 street reconstruction project caused the damage alleged by Mr. Healey. Mr. Healey appealed the denial of the claim to the City council and the City council referred the claim to the City Attorney's Office. It is our recommendation that the denial be affirmed. Based upon several meetings with City staff from the Engineering and Water Departments, including a meeting with Mr. Healey and his excavation contractor, Drew Cook, the following appears to be the sequence of events relating to this claim: 1. Mr. Healey's property is located at 668 University Avenue. In 2002, the old lead water service serving Mr. Healey's property developed problems. Mr. Healey had a private contractor connect a new water service to the water main in University Avenue and abandoned the old lead service. 2. In 2004, the City reconstructed University Avenue. At the time of the project, Mr. Healey's property was served by a clay sanitary sewer lateral which was originally installed in 1913. 3. As a part of the reconstruction project, the City replaced the storm sewer main which was located approximately perpendicular to and above Mr. Healey's sanitary sewer lateral. The City also installed a new water main to serve several properties on University Avenue. The new water main was connected to the old 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 water main. The connection was in close proximity to Mr. Healey's sanitary sewer lateral. 4. No problems were reported to the City by Mr. Healey following the 2004 street reconstruction project other than a sanitary sewer backup on one occasion in 2006. The cause of that backup was never determined and no claim was filed by Mr. Healey at that time. 5. On December 7, 2012, Mr. Healey filed the present claim alleging that the work to the City water main in 2004 caused damage to his sanitary sewer lateral. The sewer had backed up and in attempting to determine the cause of the backup, he discovered that the lateral was obstructed. Mr. Healey retained Drew Cook Excavating to repair the damage to the sanitary sewer lateral and when the area was excavated for the repairs, Mr. Healey claims that he noticed the proximity between the damaged sanitary sewer lateral and the City's water main repair from 2004. He came to the conclusion that the work done by the City to the water main in 2004 caused the damage to his sewer lateral. 6. Following several more meetings with City staff, we are unable to determine that the City work on the water main in 2004 was the cause of the damage to Mr. Healey's sanitary sewer lateral. Although the City work to the water main could have caused the damage, the damage could just as easily have been the result of the fact that the water service line was damaged in or prior to 2002 and may well have caused undermining of the almost 100 year old clay sanitary sewer lateral, eventually resulting in its collapse. The damage to the sanitary sewer lateral could also have simply been the result of the age of this clay sanitary sewer lateral by itself. Based upon the information available to me, I am unable to conclude that the cause of Mr. Healey's damage was any conduct on the part of the City or the City's contractors. I would recommend that the original denial of the claim be affirmed. BAL:tls Enclosure cc: Gus Psihoyos, City Engineer Robert Green, Water Department Manager Brenda Snyder, PERS F: \USERS \Laserfiche Legal \Claims \H \Healey Joseph\ MayorCouncil _AppealOfClaimDenial_042213.doc 2 CLAIM AGAINST THE CITY OF DUBUQUE, IOWA HVM 4<ei 1e Jrc ti ' -r /zee e 2L12 5 This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The claim must be filed with the City Clerk at City Hall, 50 West 13th St., Dubuque, IA 52001. It will then be referred to the appropriate department for investigation and to the City Attorneys Office. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. The final decision on all claims is made by the City Council. No employee of the City of Dubuque has the authority to make any representation to you as to whether your claim will or will not be paid. 1. Name of Claimant: TO / S C° %J%- ect / f° c.j 2. Address: 2.c-F6 c r 6' S c kj /\ 3. Telephone Number: 3 3 "— `f 9 S S 5 g- 4. Date of Incident: l2 ` .- — 0 f l 5. Time of Incident: 6. Location of Incident (Be specific): S°14411- Wes1 corner or u rit v ( 1 a1 n CA- cc! i'7 (,(a ( b U,nive.r 5--; fy 7. Describe the accident or occurrence that caused injury or damage. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) e;'r, c� !iC Ci -t j' fert7,`e c�/teC+ • c tI-et rN"i /l r t , re ,4: , /fi e t F'1.• C e c d't Nickel e ()tie 0f o F 5 N toe, r g rf'4-, t / cf� / ✓ in/ r'ccC<T, ls " ; Re S (1; 1 9 8. What were weather conditions like? C lea 1` �» U,3- A13 -1S4b 9. Give name and address of any witnesses: �,/ 0 h Yl U)C 1 k \TcarniC' 0a1 @ 5'63 b 5%2 -9515 10. Did police investigate? (If so, give names of officers.) () 11. Was anyone injured? (If so, give names, addresses, and extent of injuries.) No 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) Pc? /%`t cc C d 0 n e' to ee/ Cclq (: A(' 6 ^O r77 Uri rr g Celt S ii L %; 0 /r / /�tT f c�'c f /3 ►1 2. ac' e71 13. What other damages do you claim, if any? Street-- k e pal rt 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of Insurance company and amount paid.) No 15. What amount do you claim from the City of Dubuque? '7 a 0 h . 3 16. Why do you claim the City of Dubuque is responsible? 15 C' c ctbt 5 P i 1 1./ a S cl G `% 51 -rdeI- Re UCt;`c i 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) No 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated this 7 day of 1 e C ( P1 -b e , 20 1 Z. (Sig t fe) fif �Jos'erkt E tie (Print Name) Barry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001 -6944 (563) 583 -4113 office (563) 583 -1040 fax balesq @cityofdubuque.org Joseph Healey 2586 Crissy Drive Dubuque, IA 52001 Dubuque All-America Cil 111111 2007 April 15, 2013 RE: Your Claim Against the City of Dubuque Dear Mr. Healey: THE CITY OF 4 DUB Masterpiece on the Mississippi After several meetings with City staff members, and the meeting with you, as well as a meeting with Drew Cook and John Welch, we are unable to conclude that the damage to your sewer lateral was the result of any work on the part of the City of Dubuque. The damage to the sewer lateral could have been the result of the age of the lateral which we understand was installed in 1913, or the leaking lead service line which was replaced in 2004 may have undermined the sewer lateral, or the work done by the City on the City water main in the vicinity of your sanitary sewer lateral. We have not seen any evidence which would allow us to conclude what the cause of the damage was with any confidence. Attached is a draft of a Memorandum I intend to submit to the City Council for the May 6, City Council meeting. You are certainly welcome to provide any additional information to the City Council for that meeting and to ask the Council for an opportunity to address the matter. You also have the option of taking your claim to Small Claims Court if you so choose. Please stop in at your convenience and pick up your original file. Thank you for your cooperation with our investigation of this matter. Very sincerely, BAL /tls Enclosure cc: Gus Psihoyos, City Engineer arry A. Lindahl, Esq. ity Attorney F: \USERS \Laserfiche Legal \Claims \H \Healey Joseph\ Healey _ClaimDetermination_041513.doc