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Claim Response Wubben, LoisBARRY A. LINDAHL, CORPORATION COUNSEL, ESQ,~/'~ C ITY~O F DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: March 5, 2002 RE: Claim Against the City By Lois Wubben Claimant Date of Claim Date of Loss Nature of Claim Lois Wubben 02/27/02 02/13/02 Vehicle Damage This is a claim in which the claimant states that while attempting to park on VVhite Street, her tire hit the broken end of the curb, flattening her tire and cracking her hubcap. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, Engineering records indicate that the area of missing curb that may have contributed to the damage was actually a driveway approach that was removed by the property owner in the year 2000. Due to a scheduling problem the contractor who was hired to do the job was unable to complete it. Jane Smith of Engineering has contracted the contractor who assured her that the work will be COmpleted this Spring. Mr. KJostermann states that due to the City's awareness of the construction defect and having adequate time to make the repair, it is his recommendation that the claim be approved in the amount of $88.38. The Legal DePartment concurs with his recommendation. BAL/tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Lois Wubben SUITE 330, HARBOR ViEW PLACE, 300 FvlAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/FAX (563)583-1040/EMAiL BALESQ~MWCI.NET Barry A./~ndahl, Esq. Corporation Counsel Suite 330, lqarbor View Place 300 Main Sheet Dubuque, Iowa 520016944 (563) 583-4113 office (563) s83-~040 f~ balesq~nwci.net March 6, 2002 Ms. Lois Wubben 13010 W. Valley Road Galena, IL 81036 RE: Your Claim against the City of Dubuque Dear Ms. Wubben: Enclosed is a copy of my Report to the City Council, recommending payment of the claim you filed on February 27, 2002, for the expenses you incurred when your hubcap and tire were damaged after hitting a broken curb on White Street. Also enclosed is a Release Form, which yOu should sign in the presence of a witness and ratum to me in the enclosed envelope. Your claim will be on the agenda for the City Council meeting scheduled for March 18, 2002, and if the Council approves your claim, a check in the amount of $88.38 will be forwarded to you sometime after that date. Corporation Counsel BAL/tls Enclosures co: John Klostermann, Street/Sewer Maintenance Supervisor Service People , [niegrity Responm"oillty Innovation Tea~nwork Operations & Maintenance Department 925 Kerper Boulevard Dubuque, Iowa 52001-2338 (319) 589~.50 (319) 589~252 FAX March 1, 2002 Barry Lindahl Corporation Counsel 50 West 13th Street Dubuque, IA 52004-4864 Dear Barry: This letter will respond to the Claim filed by Ms. Lois Wubben. Engineering records show that the area of missing curb that may have contributed to the damage occurred by Ms. Wubben was actually a driveway approach that was removed by the property owner in the year 2000. A private contractor was contacted to install a section of curbing, however, due to a scheduling problem this project was not completed. Jane Smith has checked with the contractor and has been assured that the work will be completed this spring. It is my recommendation to pay the claim as filed due to the City's awareness of the construction defect and having adequate time to make the rep.a r. If you need any additional information concerning this claim, please contact me. ~' cereijo~n Kio~e rmann~---~'~-- Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Innovation Teamwork ~\.