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Claim Appeal - Kuhle, ChristineDear Sir, I would like to present my case in front of the next City Council meeting. The case pertains to damage done to my car due to someone not doing their job in a timely manner. Please grant me time to present my case. Thank you Christine Knhle BARRY A. LINDAHL, ESe. CORPORATION COUHSEL, CITY OF DUBUQUE MEMO To: Mayor Terrance M. Duggan and Members of the City Council DATE: March 6, 2002 RE: Claim Against the City By Christine Kuhle Claimant Date of Claim Date of Loss Nature of Claim Christine Kuhle 02/25/02 01/14/02 Vehicle Damage This is a claim in which the claimant states that while attempting to back into the driveway of her residence at 2180 Carter Road, where she currently rents, her muffler caught onto the cement and was bent. Claimant states that the street, at 1880 Carter Road, has sunk 3 % to 5 inches, causing the damage to her muffler. According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, he responded to the phone call made by Ms. Kuhle on January 16, 2002. Mr. Klostermann inspected the area and found the curbing to be out of grade, but that the major defect was with the driveway approach located between the sidewalk and curb, which is the property owner's responsibility. As a temporary fix, Mr. Klostermann had a crew cover the approach area with cold mix asphalt. Since then, Mr. Klostermann spoke with Steve Clewell, property owner of 2180 Carter Road, and agreed to a joint repair project in the spring. The City would replace the curbing and Mr. Clewell will replace the driveway approach and necessary walk. It is Mr. Klostermann's recommendation, based on his inspection of the site, to deny the claim. He believes the area that caused the damage to Ms. Kuhle's vehicle was the driveway approach, which is the responsibility of the property owner. The Legal Department concurs with his recommendation. BAL/tls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk John Klostermann, Street/Sewer Maintenance Supervisor Christine Kuhle SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, Ia 52001.-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET Operations & Maintenance Department 925 Kerper Boulevard Dubuque, Iowa 52001-2338 (319) 5894250 (319) 589~1252 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. Christine Kuhl. I am not aware of the previous calls that Ms. Kuhl refers to in her claim. I did respond to her call to our office on January 16, 2002. I inspected the area and found that the curbing is out of grade, but the major defect is with the ddveway approach located between the sidewalk and curb. The ddveway approach and part of the sidewalk, which is the property owner's responsibility to maintain, had undermined and settled. In order to help Ms. Kuhl get through the winter, I had a crew cover the approach area with cold mix asphalt as a temporary fix. Since then I have talked to Steve Clewell, the property owner, and he has agreed to a joint repair project in the spring. The City would replace the curbing and Mrl Clewell will replace the driveway approach and necessary walk. Based on my inspection of the site, I believe the area that caused the damage to Ms. Kuhl's vehicle was not the curbing, but the driveway approach, which is the responsibility of the property owner. Therefore, it is my recommendation to deny the claim. If you need any additional information concerning this claim, please contact me. Street/Sewer Maintenance Supervisor Service People Integrity Responsibility Lrmovation Teamwork 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 W. 13th St., Dubuque, IA 52001.' It will then be referred by the City Council t0 the appropriate department for investigation. 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: 2. Address: 3. Telephone Number: 4. Date of Incident: 5. Time of Incident: 6. Location of Incident (Be specific): 7. DESCRIBE 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.) 8. What were weather conditions like? 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 1~). 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.) 13. What other damages do you claim, if any?. 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.) 15. What amount do you claim from the City of Dubuque? 16. Why do yOu claim the City of Dubuque is responsible? -~--- ~'~C~.C~ e_c~\~,~<~ CL~-~C~ 17.~ave you made any clamm against anyone else for damages as a result of this incioent? ~ (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? Dated at Dubuque, Iowa this .~- day of (Signature) --(Print Name) (Rev. 1/00 & 7/01) Kurt s Auto ESTIMATE # 1750 Radford Rd. Dubuque, IA. 52002 Phone - 563-557-5021 ESTIMATE FOR SERVICES Kuhle, John 2180 Carter Rd. Dubuque, IA 52001 Home 563-583-8309 Ext home -- Office 563-590-8302 Ext cell Cust Id: 70 Part Description / Number Qty List Extended 1 t.00 134.40 134.40 Shop Supplies 5.00 Estimate Date: 02/20/2002 1989 Mercedes-Benz - 190E Lic #: Odometer In: 0 Unit #: VIN #: Labor Description Extended replace muffler 26.99 replace muffler Hazardous Matexials 3.00 Parts: $139.40 Labor: $ 29.99 Tax: $10.16 Total: $179.55 I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees permission to operate the vetdcle described for testing and/ur inspection. Express mechanic's lien is hereby acknowledged on above vehicle to secure the mount of repairs thereto. SMOG: I understand that I can have emission service and/or adjuslments done elsewhere. I hereby waive this right. TEARDOWN ESTIMATE: I understand that my veblcle will be reassembled within days of the date shown above ifI choose not to authorize the service recommended. All parts removed will be discarded unless instructed otheawise: Save all parts . NOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT 13I CARS IN CASE OF FIRE, THEFT OR ANY OTHER CAUSE. SIGNATURE ................................................................................................. Neuwoeh~er, Tesha Page I of 1 Date ......................................... Time ......................... Ku~ s Auto 1750 Radford Rd. Dubuque, IA. 52002 Phone-563-557-5021 INVOICE 001432 INVOICE Print Date: 03129/2002 1989 Mercedes-Benz - 190E L2.6, In-Line6, VIN (Not Avail Lic #: Unit #: Vin #: Hat#: Ref#: Kuhle, John 2180 Carter Rd. Dubuque, IA 52001 Home 563-583-8309 Ext home --- Office 563-590-8302 Ext cell CustID: 70 Part Description / Number Qty List Extended Labor Description Extended check wh"ing 18.00 Odometer In: exhaust clamp exhaust clamp 1.00 1.00 1.00 muffler 44286 1.00 134.40 134.40 Shop Supplies 5.00 5.00 cheek wiring replace muffler 26.99 replace muffler Hazardous Materials 3.00 [ Technicians: Please, Select ] Org. Estimate $199.69 Revisions $0.00 Current Estimate $199.69 Additional Cost Revised Estimate [ Payments - ] Labor: $47.99 Parts: $140.40 Sublet: $0.00 Sub: $188.39 Tax: $11.30 Total: $199.69 Bal Due: $199.69 I hereby authorize the above r~pair work to be done along with the necessary material and hereby grant you and/or your employees permission to operate the car or track herein described on street, highways or elsewhere for the purpose to testing and/or inspection. An express mechanic's lien is hereby acknowledged on above car or truck to secure the mount of repairs thereto. Warranty on parts and labor is one years or 12,000 miles whichever comes first. Warranty work has to be performed in our shop & cannot exceed the original cost of repair. SIGNATURE.; ............................................................................................... Page I of I Date ......................................... Time .........................