10-810SUSPENSION ITEM
7-21-10
Presented by
1 WHEREAS, the settlement set forth in the Settlement Agreement and Release, attached and incorporated
2 hereto as Exhibit "A", will result in a full, final and complete settlement and release of flie legal actian
3 commenced in Ramsey County District Court, entifled Charles J. (Chip} Michel, Jx., Individually and on
4 behalf of Concerned Citizens of the Ciry of St. Paul, and State of Minnesota by Charles J. (Chip) Michel,
5 Jr. vs. City of St. Paul, Civi] Court Pile No. 62-CV-10-6306; and
6
7 The Council having fully considered the same:
9 BE TT RESOLVED, that the proper City officers are hereby authorized and directed to take all actions
10 necessary to execute and file the appropriate settlement documenis, attached and incorporated hereto as
ll Exhibit "A".
Yeas
RESOLUTION
SAINT P�l11L, MINNESOTA
C17Y
Absent I Requested by Department of:
Council File # 10-810
Green Sheet # 3116047
Bv:
Approved by the Office of Financial Services
Stark
✓
By:
Approved , ity'Attomev �
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Approv Mayor for Submission to Council
By:
Adopted by Council: Date �
Adopaon Certifie by Cou cil Secretary
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BY �r�
Approved Ma o . Date �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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CO - Council
21JUL2010 I Green Sheet NO: 3116047
'� Contact Person & Phone: j �
I Judy Hanson �
I
��__ _ . _ ._ __ - _.. ____ - ___.- _._� Assign
'� Must Be on Council Agenda by (Date): j Number
� 21-JUL-1D '� For
� - --- ----- ; Routing
IDoa Type:
RESOLUTION � Order
L _— ._� _ -_ -_._-_--�
i E-Document Required: Y
Document Contact:
I ContactPhone: 266-8727
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1
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Total # of Signature Pages _(Clip All Locations for Signature)
�� Action Requested:
i The CAO recommends approval of Resolution authonzing the settiemeot of Charles 7. (Chip) Machel, Jr. v. City of St. Paul in
�, accordance with the SeYClement Agreement and Release.
'
� Recommendations: Approve (A) or Re�ect (Rj:
' Planning Commission
� CIB Committee
_ _
Civit Service Commissioo
Personal Service Co�tracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skilt not normally possessed by any
� current cRy employee�
Yes No
I t Explain all yes answers on separete sfieet and attach to green sheet.
'_ ___ _ _ ____._-_- _- _-__- ..._-___-.—____1-.._- __-_- _._-_-_-__-__._-_-___—_.- -_
' Initiating Problem, Issues, Opportunity {Who, What, When, Where, Why):
I Plaintiff Charles J. (Chip) Michel brought an action m state district court seeking a permanent injunchon prohibiCing the sidewalk
� portion of the Ciry's Pro�ect ] O-P-] 336 ("Project) from commencing on the City's right-of-way which abuts Tow� and Country's
� property; alleging violations of Minn. Stat. 1 16B.03, the Minnesota Envvonmental Rights Act ("MERA"), and abuse of ptocess.
I Advantages If Approved: � ��
� The City will be abte to proceed with the Project this season and avoid the nsk of losing the federal funding for the Project and
i potential damages associated with the cancellation of the Project contract. Additionalty, the Ciry avoids the costs and risks of trial.
Setdement of this case is not an admissio� of liability.
� DisadvantageslfApproved: � �
� The ludge could iss�e a TRO wlvch would delay the Project and risk the toss of the federal funding and cos[ the City in damages foi i
i breaching the Project contract.
L Disadvantages If Not Approved: � J ;
Total Amount of
Transaction:
Funding Source:
Financiallnformation:
(Explain)
CosURevenue Budgeted:
Activity Number:
Julv 21. 2010 9:34 AM panP 1
10-810
STATE OF MINNESOTA
COUNTY OF RAMSEY
Chazles J. (Chip) Michel, Jr., Individually
and on Behalf of Concerned Citizens of the
City of St. Paul, and State of Minnesota by
Charles J. (Chip) Michel, Jr.,
vs.
Plaintiffs,
DISTRICT COURT
SECOND NDICIAL DISTRICT
Case Type: Other Civil
Court File No.: 62-CV-10-6306
Honorable Gregg E.Johnson
SETTLEMENT AGREEMENT
AND RELEASE
City of Saint Paul, a municipal corporation,
Defendant.
This Settlement Agreement and Release ("AgreemenY') is made between Plaintiff,
Charles J. (Chip) Michel Jx, ("MicheP') and Defendant City of St. Paul (the "City").
WHEREAS, Michel learned in June 2010 that the City planned to construct a sidewalk
on Marshall Avenue between Cretin Avenue and Otis Avenue, and that parts of the environment
would be destroyed in the process; and
WHEREAS, Michel filed a civil complaint in this matter seeking a permanent injunction
prohibiting the sidewalk portion of the City's Project 10-P-1336 ("Project") from commencing
on the City's right of way which abuts Town and Country's ("T&C") property; in addition to
claims alleging violations of Minn. Stat. § 116B.03 (the Minnesota Environmental Rights Act
("MERA") and abuse of process; and
WHEIZEAS, the City has denied and continues to deny Michel's allegations; and
WHEREAS, the parties wish to settle and resolve all outstanding disputes and claims
between them to avoid the uncertainties and costs associated with continued litigation of the
matter, and;
EXHIBIT A
10-810
WHEREAS, the parties to this Agreement have successfully conciliated all issues of
dispute in the above-entitled matter;
NOW, THEREFORE, in consideration of the mutual promises established herein, the
parties agree as follows:
The City will proceed with the construction of the sidewalk along the north side
of Marshall Avenue between Otis Avenue and Cretin Avenue in accordance with the Project.
2. The crab trees will be removed and the City will consult with T&C about
placement and selection of replacement trees.
3. The contractor will use its best efforts not to damage T&C trees. The City has
identified three (3) spruce trees between Otis and Montrose which will be impacted by the
construction Project as follows:
a. ll.5 inch spruce at STA. 4+61L that is four feet (4') north of the north right-of-
line;
b. 6.5 inch spruce tree at STA. 5+88L that is two feet (2') north of the right-of-way
line; and
c. 6.5 inch spruce tree at STA. 6+02 tYiat is three feet (3') north of the right-of-way
line.
The City agrees that it will collaborate with T&C in the replacement of these three (3)
spruce trees by providing trees of similaz kind, height, and value at no cost to T&C. The City
�vill remove the three (3) spruce trees, including the grubbing and stump removal and replace the
trees as stated above at no cost to T&C. The replacement trees will be planted at least fifteen
feet (I S') north of the south line.
2
10-810
There are other coniferous trees north of the fence between Otis and Montrose which may
need to be "lifted" or "limbed up" to prevent the branches from projecting into the right-of-way.
The City will collaborate with T&C on this process. In addition there are vines growing on the
fence between Otis Avenue and Cretin Avenue which need to be trimmed as they are projecting
into the City right-of-way. The City will collaborate with T&C about the trimming of these
vines to provide sufficient clearance for pedestrian traffic along the new sidewalk.
4. In consideration of the above-mentioned terms and conditions and the execution
of this Agreement, Michel hereby fully and completely releases the City and all of its past and
present agents, officers, employees, predecessors, successors and successors in interest of the
City in their official and individual capacities, of any and all claims for damages, costs and
attorney's fees which Michel has or may have, whether presently known or unknown, arising in
law or in equity, which were made, or which could have been made, in the above-entitled action.
5. Michel agrees that upon execution of this Agreement all such claims, defenses,
demands, rights and causes of action which Michel now has or may have had against the City,
and all the past and present agents, officers, employees, predecessors and successors in interest
of the City in their official and individual capacities, whether currently lrnown or uuknown,
arising in law or in equity, which were made, or which could have been made, in the above-
entitled action, are fully released, satisfied, dischazged and settled. This means that Michel
releases the City and all employees of the City from any and all claims for damages, costs and
attomey's fees, known or unknown, that were or could have been brought in relation to the set of
facts presented in the above-entitled action.
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6. In consideration of the above-mentioned terms and conditions and the execution
of this Agreement, the City, its successors and assigns, hereby releases and forever discharges
Michel from any and all liability, actions, causes of action, claims and demands, whether based
upon statute, regulation, contract, tort, or common law, known or unknown, that were or could
have been brought in relation to the set of facts presented in the above-entitled action.
7. Michel agrees that the terms of this Agreement aze binding on Michel and his
personal representatives, heirs, successors and assigns. Michel understands and acknowledges
the City does not admit any wrongdoing, improper action os ]iability foi any of Michel's claims
in equity, claims at law or any alleged damages.
8. The parties agree that this Agreement constitutes all the agreements and
understandings between Michel and the City. There are no other written or oral agreements or
understandings that modify the terms set forth in this Agreement.
9. Michel, by execution hereof, acknowledges that this Agreement has been read and
explained to him by legal counsel and he understands and fully agrees to each and every
provision hereof.
�
10-810
Date: f — 02(� —�? d
� Subscr bed and sworn to before me this
day of � 2010.
,*� _ � � 2 � '
Notary Public
Date:
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Patr ck H. O'Neill, Jr., #0207950
332 Minnesota St., Suite W-2600
St. Pau1, MN 55101-1355
(651) 292-8100
Attorney for Plaintiff
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Date: 1 ° ?
T. HENDRICKSON
By: \ %'_".�,��-,�
Ju,dlith A. Hanson, #207408
�Cssistant City Attorney
750 City Hall and Courthouse
I S West Kellogg Boulevard
St. Paul, MN 55102
(651) 266-8727
dttorneys for Defendant City of Saint Paul