95-1499 .
Council File # 95 -�
�99
L . 1 P. Ni i � N Green Sheet # 28623
RESOLUTION
CI ► SAINT PAUL, MINNESOTA /6
Presented By
Referred To Committee: Date
1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint
2 Paul, the proper City officers are hereby authorized and directed to pay out of the Tort
3 Liability Fund 09070 -0511 to Nancy Williams the sum of $50,000.00 in full settlement of
4 her claim for damages sustained December 12, 1990, as a result of her son's death by
5 drowning in Wheelock Way Pond.
6
7
8
9
10 APPROVED:
11
12 f �
13 j
14 It
15 Judge of f' ams - y County District ' ourt
r/
Yeas Nays Absent Requested by Department of:
Blakey �—
Harris ��
Grimm e'" City Attorney
Guerin ✓
Megqard ,/
Rettman ---- �/�
Thune ✓ BY:
0 / O
Adopted by Co - '1: Da - / /� 7 /9c Form Approved by City Attorney
Adoption ertified f/iisecretary • By: ��✓
/ Y�
By:
/ Approved by Mayor for Submission to
A r oved b Council
Pp , y , r: a e ✓m
B l� It Y 7
By:
9 999 v
DEPARTMENT/OFFICEJCOUNCIL DATE INmATED No_
City, Attorney 12/19/95 GREEN SHEET
INITIAL/DATE -
CONTACT PERSON & PHONE • CD DERARTMENTOIREC? In CITY COUNCL INITIALJD ATE t-•
James S. Tures, 266 -8746 Asum ` Ej CTV ATTORNEY BD CITY CLERK
MASER FOR
MUST BE ON COUNCIL AGENDA BY (DATE) Noma 0 BUDGET DIRECTOR a FIN. '& MGT. SERVICES DIR.
ORDER in MAYOR (OR ASSISTANT) E
TOTAL # OF SIGNATURE AGES (CUP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of resolution settling claim of Nancy Williams against the City t
of Saint Paul for $50,000.
RECOMMENDATIONS: Approve (p or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION _ CIVII= AMISSION 1. Has this person/firm ever worked under aContract for this deportment?
CIS COMMITTEE I{{ � 2. Has this person/firm ever been achy employee?
_ STAFF —DEC �p YES NO
DISTRICT COURT 19 95 3. Doss Mb pe rson/firm possess a skkill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
MAYOR'S OFFICE Explain all yes answers on sowed* *net sod attach an ch to grow sheet
4
NTI
I ATING PROBLEM, ISSUE. OPPORTUNITY (Who, Whet. When. Where. WM): ¶
Nancy_Williams,ft the mother and trustee for the heirs of Jared
Williams an action against the City of St. Paul in State 4
District Court. In her action she alleged that the City of St.
Paul was negligent in the construction and maintenance of Wheelock; I
Way Pond, a small body of water constructed by and located in the
City of St. Paul, The City brought a motion for summary judgment 1
based on our municipal parks and recreation immunity. The Trial
Court 'naiad d 4gA i nazt the* ri ty, AA di A. tha Cnnrf of artpe" la tw1Oan' t1�g
r
ADVA N TAGES Ie'eeTtlon was appealed. The Supreme Court refused to consider the 4
matter. Plaintiff is alleging certain facts which, if believed by
a jury, would expose the City to its statutory liability limits. i
Given the potential for a larger verdict and the additional costs
which would be incurred if the matter goes to trial, this office
recommends settlement of this matter in the amount of $50, 000.00.. i
L.
;
a
DISADVANTAGES IF APPROVED: t
•
1
t .
f
I
j 2
3
DISADVANTAGES IF NOT APPROVED: t
i
Research Center
DEC 21 1995 t
•
i
• i.,
1
TOTAL AMOUNT OF TRANSACTION $
50.000.00 COST/REVENUE BUDGETED (CIRCLE ONE) 411, NO t ,
I
FUNDING SOURCE Tort Liability ACTIVITY NUMBER nQO
FINANCIAL INFORMATION: (EXPLAIN)
!
t
1
NOTE: COMPLETE DIRECTIONS ARE 'INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Budget Director •
3. City Attorney 3. City Attorney
4. Mayor (for contracts over $15,000) 4. Mayor /Assistant
5. Human Rights (for contracts over $50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. - Finance Accounting
ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (alt others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the #of pages on which signatures are required and paperclip or flag
each of thee* pages.
ACTION REQUESTED
Describe what the project/request seeks to accomplish in either chronologi-
cal order or order ofknportance, whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s) your project/request supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL)
PERSONAL SERVICE CONTRACTS:
This information witi be used to determine the cityls liability for workers compensation claims, taxes and proper civil service hiring riles.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this project/request produce if it is passed (e.g., traffic delays, noise.
tax increases or assessments)? To Whom? When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? inability to deliver service? Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are,addressing, in general you must answer two questions: How much is it
going to cost? Who is going to pay?