Loading...
Claim by Sondra KochMasterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MF,MORANDUM To: Mayor Roy D. Buol and Members of the City Council DATE: April 17, 2014 RE: Claim Against the City of Dubuque by Sondra Koch Claimant Date of Claim Date of Loss Nature of Claim Sondra Koch 04/17/14 01/24/14 Property Damage This is a claim in which claimant alleges that a water main break on Foye Street caused damage to claimant's home and foundation. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. cc: Michael C. Van Milligen, City Manager Bob Green, Water Department Manager Dan Brown, Fire Chief Sondra Koch 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 tsteckle@cityofdubuque.org CLAIM AGAINST THE CITY OF DUBUQUE, IOWA 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 Attorney's 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: o tearyrye koch 2. Address: 2) go roeie 3. Telephone Number ( &3) -5 WY / 7 4. Date of Incident: ..),uw.,•,•,1-y /Li 5. Time of Incident:ct v 7 / 0 (L./ t ) ; fit,. ,S c1 L -S C C v C' (/ cl - tt: oke 6 Vi i 0 CIO() r / , C Lt. rii-75,n9e:r-ti-icl ex t -,_CI) S 1-1,(C 5/))()<&' CI) h 0 M 6. Location of Incident (Be specific): vi,ciat c Or il-oye =5tr-c=1, apprex1i7?(Lte-Ifyi /0 -15 I-ec-t e“,,,icy ir-cfn the )=-3°,31_--,(-,--ti_„1 CLL- d.:253.() 1---cLic- SL 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.) Vv'(LCr onci-Cr) brca/ L )LC1CILC t 1?LrcL7 e Li e c/cLIr&(9cSa-/16- Cc home Fol racia coo/e' baserner,t, estrIj -rernace it catch DobL,,c)c,,o Fi:re-, Dept, Di_ibuoue Potte,:e Dept, 4;!../--)ci_hicj.vki4L.ce-k- be.pe,rtn)ei-rt. pre -Sent:. 14 Ci<e Fi-007 CL:cyJ?LLCL7? 3CVLC t c-tne,5-_S-' v re -,1-uicit:--_-tCesi-> Clain 8. What were weather conditions like? (tVarr-?cfs not taken due to ep)ot Loi,c-L1 9. Give name and address of any witnesses: t,,)-427. 0- - Car? ir)veSt L et. --9h 6 4; ? 0 .„ 6 9 D8 a Pcil.Lcc- bept, br;'0 r DepLDJCQ, \of eLLc, CV, 13& i?t,t LCILE-45 .'e, -v LCCS' 711)1,) 1,:at II) t PI-C7'feC5tt )1 ,Cct =-5-'‘-'1-1/1-e-Cl-C, DOI JCZ,t/C,L 1C/L C-Ct 10. Did police investigate? (If so, give names of officers.) TcL-c"-- br?.9 • ur)knci,J,-) oczr) eau CIcp t/7//L Cei)c-1 L i-)eecieCi poi -t- ejivei) t15IY7Cf 2_ e 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). Afc 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.) ; am clyc;' ttJ U1S CJ .L'c' Of: ittcc2/7; base-me/2t tG)r cines con ten t.S`, e7 rct3c2.L )Lry waLL.S, f rna-c:C, L[Li7 -ttz-tom 19 poSJ L'bie CLty,5'Letewectk l (.1)1:12 ic- i'ot- ea), �tt=,77aLCS" tricLvdec! 13. What other damages do you claim, if any? 7 -Line a .1-,-)0n r7cCLef[r7[rp ccr>�t. Cee tcr7 J L Sz�i"r7L Ct s`, �}1c G.00 J L Ley X 4Ohrs. -r = ' F_fCC,c1 (rt) C ' L cc- Very LOL,c; /Y)G-tc� 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.) Ii'7,St^;"`cLr7C` Case G r7 out.S"cac war et L ci c. i r? G;l l "%' Le) h C' L. r9, [77 C tt y o4',AubL)Cltac= 15. What amount do you claim from the City of Dubuque? (vl, 905.5/ r any L>ncxpec- Lc'c/ cos r�7 16. Why do you claim the City of Dubuque is responsible? /aS c -L C'LZS/ bri'C€Ccr .ft a - CcS° v't' LrL'e'C1 by -the VVate r ,De parta) c'(7t rkL=rs. Their tti 5ccn [vrth hOIrh CiCc=r (natl)• /-iOTr?c t0a% LcLLi Ct hi i s /4y 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? i-7CJ 0 Dated this P7 r" day of /. pj L , 20 (Print Name) CDp' 0 CD .10 0 ni 0 ii1 m C7 Confidential This communication and any attachments may contain information which is confidential and privileged by law and is for the use of the designated recipient. If you are not the intended recipient, you are hereby, notified that you have received this communication in error, and that any review, disclosure, dissemination, distribution or copying of its contents is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of your receipt of these items and destroy the communication and any attachments immediately. Further disclosure of this information may violate state and federal restrictions. Confidential information may include the following: 1) Social Security Number(s) 2) Medical/Health Information 3) Personnel/Disciplinary Information 4) Bank Account Information 5) Financial lnformation 6) Credit Card Numbers If any documentation you desire to submit to the City of Dubuque contains any of the items above this cover sheet must be attached directly to the confidential information and indicate the type of information that is included. I, rr) OC include the following protected information: Social Security Number(s) Medical/Health Information Personnel/Disciplinary Information , hereby certify that the attached documents Bank Account Information Financial Information Credit Card Number(s) understand that this information may be distributed within the City organization or to agents of the City for processing and I hereby authorize the City to act accordingly taking all precautions to protect my information from unnecessary distribution. Date Sondra Leanne Koch 2280 Foye Street Dubuque, Iowa 52001 April 14, 2014 City of Dubuque City Clerk Office City Hall 50 West 13th Street Dubuque, Iowa 52001 Dear City of Dubuque: I am submitting this binder for the purpose of reimbursement of damages caused to my property located at 2280 Foye Street, Dubuque, Iowa, as related to a City of Dubuque water main break. At approximately 7:10 am on January 24, 2014, I was awoken by my doorbell. Subsequently I smelled smoke and immediately grabbed the fire extinguisher, which I gave to my fiance to find the source of the fire. At that point I called 911 due to the large amount of smoke that filled the main floor of my home, and informed the dispatcher that my house was on fire. I answered the door while he attended to the origination of the smoke, and was greeted by my neighbor located at 2260 Foye Street. She informed me that there was a large amount of water rushing and pooling against 3 sides of my house. I was confused because I thought she was going to inform me of my home being on fire. I then went back inside and found my fiance in the basement, unable to find the source of the fire, but standing in several inches of water. At that point, I grabbed my dog, and my fiance and I evacuated the house. The Dubuque Fire Department, EMS, and Dubuque Police Department arrived a few short minutes later. There was a lot going on simultaneously at the time of the incident. These facts I know to be true and accurate: • Dubuque Fire Department opened the windows in the home and let the smoke out of the house. O They entered the basement where the smoke was originating from, but did not find the source of the fire. Although they did acknowledge that there was a fire; most likely electrical, due to the nature of the smoke. O The Dubuque Fire Department shut off the gas and electricity to the home while they inspected. • They opened the 2 back doors to my home in the basement to let out several inches of standing water, and the water that continued to pour into my basement from the south and west sides of my home. • The Dubuque Police Department asked me where the smoke came from; I informed them that it came from the basement, and that the Dubuque Fire Department was still investigating. City of Dubuque April 17, 2014 Page 2 ® The Dubuque Water Department arrived and investigated the source of the water. • The Dubuque Water Department shut off the water to my home and the water continued to still enter my home. • The Dubuque Water Department worked several hours to locate the source of the water main break, using several pieces of equipment. They located the break approximately 10-15 feet uphill from my home in the middle of the street. • I was informed that it was a city water main break and that there was a large area that needed to be backfilled leading up to my home. To my knowledge and witness, the area under the street was backfilled, but not all the way to my home. The ground is currently soft, and sinking since the ground thawed. • The water department worked all day and left after dark; after they repaired the main, and repaired the street. The street still contains a temporary patch that is sinking as well. • During their repair, I contacted Kanndo Professional Cleaning Service to begin the cleanup process. They removed several inches of mud, and work continued over the next couple of weeks to remove the damaged flooring, walls, and mold and mildew remediation. I immediately had to give them a $500 deposit to begin work. My niece stays at my home every other weekend and I did not was to have an unsafe living environment. • 1 also called Total Plumbing & Heating to service my boiler that was not working. The weather was cold on January 24th, and by the time my heat was restored, the home was 45 degrees inside. The weather was also forecasted to be 40 degrees below zero the next couple of days. • When Total Plumbing & Heating inspected my boiler, they found that there was a fire in the electrical compartment, and determined that to be the cause of my fire. The boiler was not salvageable and needed to be replaced immediately. They did not have the exact boiler in stock, and used a similar replacement item. O Throughout the day, I inventoried damaged items and took pictures of the water outside, the crews working, and inside damage. • After cleanup was completed, I started working on getting estimates from reputable companies in Dubuque to repair the damage in my home caused by the water main break. It was difficult to get estimates due to the fact that certain contractors did not want to bid on the property. My home is located on a large hill with a house located very closely to me on the south side. This makes it very difficult to get the necessary equipment in to complete work on the basement. I have however gotten all necessary estimates in to complete the work, and they are included in the binder for you to view. City of Dubuque April 17, 2014 Page 3 I am a registered nurse in Dubuque and purchased this home in August of 2013. This is my first home and I am very proud of the work that I have done to it. The home was purchased from my Aunt, whom just recently passed away at the age of 56 from cancer. It was her wishes that I have the home, and that I love it just as much as she did. At the time of the incident, and currently, my fiance and brother reside with me. My brother has joint custody of his daughter, and she resides with us every other weekend and other random times while on school break and in the summer. My brother is currently working on obtaining full legal custody. The home is three stories; that includes the basement. The main floor and the second floor is where my fiance and I reside. These two floors have a kitchen, living room, bathroom, and four bedrooms. The basement is where my brother stays and helps to pay the mortgage. This area was completely finished and includes a large family room, a kitchen, a full bathroom, a sunroom, a furnace room/office, and a laundry room. The basement area is what incurred all of the damage. We have no known damage upstairs at this point. You will see that the estimate for damaged items includes all of his personal items. He is a long time mechanic at Berry Plastics in Peosta. He works night shift, and thankfully was not home at the time of the incident; but arrived shortly thereafter. I am only asking the City of Dubuque to pay for damages to repair the home to its original state with comparable materials. I asked for a small amount of money related to my time working on this claim, which comes nowhere close to the actual amount of time involved. I also am seeking replacement values for my brothers' personal belongings. We kept nearly all of the damaged items and have also included a disc of pictures of the items for proof of damage. Some receipts, especially for the new furniture and appliances, are available upon request. Because of the extensive damage to the foundation, we contacted the City of Dubuque, and they sent Mike from Building Services to bear witness to the extent of damage. He agreed with the contractors bid to repair the foundation. Sunlight can be seen through the multiple cracks/shifting in the foundation. hope that I have included everything necessary to submit this claim. Copies of this submission were made and are available at your request. I am happy to provide any more information that I can, and look forward to hearing from you. I can be contacted as follows: Mail: Sondra Koch, 2280 Foye Street, Dubuque, Iowa, 52001 Telephone: (563) 564-3577 Work: Finley Hospital Intensive Care Unit (563) 589-2421 Email: Sondylea@yahoo.com City of Dubuque April 17, 2014 Page 4 Thank you for your time. Sincerely, / (7r)cCw rciL,/ Sondra Leanne Koch Homeowner at 2280 Foye Street, Dubuque, Iowa