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Claim by Pfohl's Inc.BARRY A. LINDAHL, S CITY ATTORNEY MEMO To: Mayor Roy D. Buol and Members of the City Council DATE: May 11, 2007 RE: Claim against the City of Dubuque by Pfohl's Inc. C7 0 -~ Q ~ ~~ ~ C ~i _ ~ ""'i"1 ~_ ~ ~ 3 ~° ~" m ~ rn Claimant Date of Claim Date of Loss Nature of Claim Pfohl's Inc. 05/09/07 10/17/04 Property Damage This is a claim in which the claimant alleges that claimant's building located at 335 W. 1St Street sustained structural damage due to a water main break that occurred on October 17, 2004. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool. BAL:tIs cc: Michael C. Van Milligen, City Manager /Jeanne Schneider, City Clerk Don Vogt, Public Works Director Bob Green, Water Department Manager Pfohl's Inc. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3O0 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 /FAX (563) 583-1040 / EMAIL balesq@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 wil! not be paid. 1. Name of Claimant: ~~ ~ ~ S ~ G 2. Address: ~j ~ ~ ~ ~5f ~~/`P~~ 3. Telephone Number ~ a'_ (o 4. Date of Incident: 5. Time of Incident ~e. a c~ ;tee. a~ac 6. Location of Incident ~Be specific) 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 emplo ~ 's n~ fed) ' ~{~ ~ ~ 8. What were ~~~ ~ 9. Give and add ~cl, ~e itions like? any witnesses: ~~ ~"~ L/ /~C;r~L~ °~• l-~ n ° ~, -~- m %= to y. C ["tl _ ~ 10. Did police ~P~ ggnte? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). ~~ 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 da ag ) 13. What oth r d m es do you claim, if any? SPe a~~~P~ ~. ~ 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.) ~l0 15. What amo t d yo claim from the City of Dubuque? ~-~ ~~~~~a~ ~ ~ 16. Why do yAu c~aim~the Cit~r of Dubuque is responsible? 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, a~~i„if so, in what amount? Dated this y Jday of , 2p ~` ~C .. ( ignature) 1 ~ Sri c~iy cf ~ • i ~ ~ ~^ ~ _J_d h n ,~i N b~S (P nt Name) Pfohl's Inc. Providing Quality and Home Fashions Since 1946 335 W. 1st Street Dubuque, IA 52001 Phone (563) 582-6247 Fax (563) 582-6247 www.pfohls.com 1. Name of Claimant: Pfohls, Inc. 2. Address: 335 West 1st Street 3. Telephone: 563-582-6247 4. Date of Incident: Sunday, October 17, 2004 5. Time of Incident: 3:40 A.M. 6. Location of Incident: In alley between First and Second Streets, Dubuque, IA, alongside of the building at 335 W. First Street. 7. Describe the accident or occurrence that caused injury or damage. A 6 inch hole in the water main, 19 inches from the lead-in service line, was spewing muddy water up to 18 inches high in the air. This section of the alley was literally flooded the complete width of the alley. It was very deep along our building foundation. If a city employee was involved, give the employee's name. Police involved were Officers O'Fallon and Stecklein 8. What were the weather conditions like? Cold, clear crisp morning. Frost was on some vehicles, but no icing. Temperature had been predicted to drop to 27 degrees. 9. Give name and address of any witnesses: Ray and Norma Jean Kirpes - 1296 Langworthy St. Dubuque, IA Graber Vertical Blinds Graber Mini Blinds Accordion & Wood Folding Doors Woven Wood Porch Shades Draperies Honeycomb Shades Distributors: Kirsch Drapery Hardware Window & Insulating Shades Metal Toilet Partitions Energy Shades Woven Wood Rollups We Service & Repair All Window Covering Products! Pfohl's Inc. Providing Quality and Home Fashions Since 1946 335 W. 1st Street Dubuque, IA 52001 Phone (563) 582-6247 Fax (563) 582-6247 www.pfohls.com 10. Did Policy investigate? Yes, Officer O'Fallon and Officer Stecklein 11. Was anyone injured? No 12. Was any damage done to property? Yes, structural damage - a crack has developed and opened in the alley side of the building, in the area of the water main break. 13. What other damages do you claim? None 14. Have you been compensated for any part or all of your claim by any insurance company? No 15. What amount do you claim from the City of Dubuque? Cost of repair Estimated at $10,887.48, December 2006 16. Why do you claim the City of Dubuque is responsible? Because this structural crack is the subsequent result of the water main break on October 17, 2004. 17. Have you made any claim against anyone else for damages as a result of this incident? No 18. Other information: Week of October 18, 2004 city crews worked to do the final resurfacing on the damaged section of the ally. John was told by the city work crew "if any damage was done to the building, or if any damage occurred in the future, to notify the city" The crew said that damage was likely to occur because the break was only 19" from Pfohl's Inc. water lead-in line. Graber Vertical Blinds Graber Mini Blinds Accordion & Wood Folding Doors Woven Wood Porch Shades Draperies Honeycomb Shades Distributors: Kirsch Drapery Hardware Window & Insulating Shades Metal Toilet Partitions Energy Shades Woven Wood Rollups We Service & Repair All Window Covering Products!