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97-245Council File #` �� S r��=�i�€�� Green Sheet � 31190 MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Co[�ittee: Date `1..7 RESOLVED, that upon execution and delivery of a release in full to the CYty of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to Neil Gosman and Sandy Pappas the sum of $15,000.00 in full settlement of their claim for damages sustained to their house at 182 Prospect Boulevard as a result of a sewer backup. APPROVED: dge of District Court a �� Requested by Department of: Adopted by il Adopti Certified By: � Approved by Ma r: BYe '� � Secretary City Attorney By �� Form Ap roved by City Attorney BY=��.{ ��L � `— � Approved by Mayor for Submission to Council Date �3 �2,�/� � � / I l By: �i�t -��lS DEPAHTME AttOFJCOU DA2�26 D97 GREEN SHEE N°-_ 31� 19 0 F CAlRACT PERSON 8 PHONE � DEPAFi'fMENT DIqECTOfl O CRY COUNdL INITIAUDATE . 77 ASSIGN O CRYATTORNEV � CfTV CLEflK MUST BE ON CAUNCIL AGENDA BY (DATE) NUYBER FOR O BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR. XOUfING �� Q MAYON (OR ASSISTAtdT) � o TOTAL # OF SIGNATUpE PAGES (CLIP ALL LOCATIONS FOR SIRNATUR� ACTION FiE�UE57ED: Approval o£ resolution settling claim o£ Neil Gosman and Sandy Pappas against the City o£ St. Paul £or $15,000. RECOMMENDAi70NS: Nprove (A) a Reject (fi� pERSONAL SERVICE CON7HACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMI$$ION _ pVll SFAVICE COMMISSION �� Has Mis persoNfirtn ever worked under a contrad for tt�is deparlmeM? - _ CIB COMMII7EE YES �NO _ STAFF 2• Has lliis perso�rm e�er been a city emplqree? r � , �� — VES NO — ��'�P�IC]� R - 3. Does this persoMirm possess a skill not normalty possessetl by any curteM city employee? SUPPORTSwHICHCOUNCILO&IEC77VE? �� r YES NO � Explain all yes answera on separate sheet antl attaeh to green sheet '�"::�� r 3 ��1 INI7IATING PROBLEM, ISSUE, OPPOFiTUNIN (Who. Whet, When, Where, Why): Neil Gosman and Sandy Pappas brought suit against the City of Saint Paul, Car1. Bolander & Sons Company, the City's general contractor, Bonestroo, Rosene, Anderlik & Associates, Inc., the City's consulting engineer, and others for damages to their home at 182 Prospect Boulevard as a result of the Combined Sewer Separation Project. Records of the Public Works Sewer Division indicating tha the' riv te ouse connec 'o to t e sewer ma'n located 50 ADVANTAGESIFPP��fED:belOW street level, was 16 feet north of a catch basin connection that serviced Bellows Street. The house connection was via a vertical drill hole and horizontal drift tunnel. In fact, the house connection, made in 1947, was to the catch basin connection. As part of the CSSP and relying on the City's records, Bonestroo determined that the catch basin connection should be sealed to DISADVANTAG puYSUant tO L�Ie contract, bulkheaded the catch basin effectively sealing the Gosman/Pappas' house connection. Eventually the sewage backed up and flooded their basement. The cost to construct a new drill hole and drift tunnel to restore the house connection was more than $25,00-0. The Gosman/Pappas' total claim was $38,500. Gosman/Pappas asserted various theories against the defendants, including negligence, trespass, nuisance and breach of contract. DISr1DVAMAGE nP a e con i e e oca ion o eir house connection before sealing off the catch basin. The defendants denied any culpabiiity. The City claimed its decision was protected by statutory and official immunity. The parties eventually reached a compromise settlement of $25,000 with the City paying $15,000 and Bolander and Bonestroo paying the balance. The CAO recommends approval. TOTAL AMOUNT OF TRANSACTION $ 15 � OOO. OO COST/HEVENUE BUDGETED (CIFiCLE ONE) VES NO FUNDIfdGSOURCE Tort Liability ACTIVITYNUMBER 09070 FINANCIAL INFORMATION: (EXPLAIN) Council File #` �� S r��=�i�€�� Green Sheet � 31190 MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Co[�ittee: Date `1..7 RESOLVED, that upon execution and delivery of a release in full to the CYty of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to Neil Gosman and Sandy Pappas the sum of $15,000.00 in full settlement of their claim for damages sustained to their house at 182 Prospect Boulevard as a result of a sewer backup. APPROVED: dge of District Court a �� Requested by Department of: Adopted by il Adopti Certified By: � Approved by Ma r: BYe '� � Secretary City Attorney By �� Form Ap roved by City Attorney BY=��.{ ��L � `— � Approved by Mayor for Submission to Council Date �3 �2,�/� � � / I l By: �i�t -��lS DEPAHTME AttOFJCOU DA2�26 D97 GREEN SHEE N°-_ 31� 19 0 F CAlRACT PERSON 8 PHONE � DEPAFi'fMENT DIqECTOfl O CRY COUNdL INITIAUDATE . 77 ASSIGN O CRYATTORNEV � CfTV CLEflK MUST BE ON CAUNCIL AGENDA BY (DATE) NUYBER FOR O BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR. XOUfING �� Q MAYON (OR ASSISTAtdT) � o TOTAL # OF SIGNATUpE PAGES (CLIP ALL LOCATIONS FOR SIRNATUR� ACTION FiE�UE57ED: Approval o£ resolution settling claim o£ Neil Gosman and Sandy Pappas against the City o£ St. Paul £or $15,000. RECOMMENDAi70NS: Nprove (A) a Reject (fi� pERSONAL SERVICE CON7HACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMI$$ION _ pVll SFAVICE COMMISSION �� Has Mis persoNfirtn ever worked under a contrad for tt�is deparlmeM? - _ CIB COMMII7EE YES �NO _ STAFF 2• Has lliis perso�rm e�er been a city emplqree? r � , �� — VES NO — ��'�P�IC]� R - 3. Does this persoMirm possess a skill not normalty possessetl by any curteM city employee? SUPPORTSwHICHCOUNCILO&IEC77VE? �� r YES NO � Explain all yes answera on separate sheet antl attaeh to green sheet '�"::�� r 3 ��1 INI7IATING PROBLEM, ISSUE, OPPOFiTUNIN (Who. Whet, When, Where, Why): Neil Gosman and Sandy Pappas brought suit against the City of Saint Paul, Car1. Bolander & Sons Company, the City's general contractor, Bonestroo, Rosene, Anderlik & Associates, Inc., the City's consulting engineer, and others for damages to their home at 182 Prospect Boulevard as a result of the Combined Sewer Separation Project. Records of the Public Works Sewer Division indicating tha the' riv te ouse connec 'o to t e sewer ma'n located 50 ADVANTAGESIFPP��fED:belOW street level, was 16 feet north of a catch basin connection that serviced Bellows Street. The house connection was via a vertical drill hole and horizontal drift tunnel. In fact, the house connection, made in 1947, was to the catch basin connection. As part of the CSSP and relying on the City's records, Bonestroo determined that the catch basin connection should be sealed to DISADVANTAG puYSUant tO L�Ie contract, bulkheaded the catch basin effectively sealing the Gosman/Pappas' house connection. Eventually the sewage backed up and flooded their basement. The cost to construct a new drill hole and drift tunnel to restore the house connection was more than $25,00-0. The Gosman/Pappas' total claim was $38,500. Gosman/Pappas asserted various theories against the defendants, including negligence, trespass, nuisance and breach of contract. DISr1DVAMAGE nP a e con i e e oca ion o eir house connection before sealing off the catch basin. The defendants denied any culpabiiity. The City claimed its decision was protected by statutory and official immunity. The parties eventually reached a compromise settlement of $25,000 with the City paying $15,000 and Bolander and Bonestroo paying the balance. The CAO recommends approval. TOTAL AMOUNT OF TRANSACTION $ 15 � OOO. OO COST/HEVENUE BUDGETED (CIFiCLE ONE) VES NO FUNDIfdGSOURCE Tort Liability ACTIVITYNUMBER 09070 FINANCIAL INFORMATION: (EXPLAIN) Council File #` �� S r��=�i�€�� Green Sheet � 31190 MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Co[�ittee: Date `1..7 RESOLVED, that upon execution and delivery of a release in full to the CYty of Saint Paul, the proper City officers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to Neil Gosman and Sandy Pappas the sum of $15,000.00 in full settlement of their claim for damages sustained to their house at 182 Prospect Boulevard as a result of a sewer backup. APPROVED: dge of District Court a �� Requested by Department of: Adopted by il Adopti Certified By: � Approved by Ma r: BYe '� � Secretary City Attorney By �� Form Ap roved by City Attorney BY=��.{ ��L � `— � Approved by Mayor for Submission to Council Date �3 �2,�/� � � / I l By: �i�t -��lS DEPAHTME AttOFJCOU DA2�26 D97 GREEN SHEE N°-_ 31� 19 0 F CAlRACT PERSON 8 PHONE � DEPAFi'fMENT DIqECTOfl O CRY COUNdL INITIAUDATE . 77 ASSIGN O CRYATTORNEV � CfTV CLEflK MUST BE ON CAUNCIL AGENDA BY (DATE) NUYBER FOR O BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR. XOUfING �� Q MAYON (OR ASSISTAtdT) � o TOTAL # OF SIGNATUpE PAGES (CLIP ALL LOCATIONS FOR SIRNATUR� ACTION FiE�UE57ED: Approval o£ resolution settling claim o£ Neil Gosman and Sandy Pappas against the City o£ St. Paul £or $15,000. RECOMMENDAi70NS: Nprove (A) a Reject (fi� pERSONAL SERVICE CON7HACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMI$$ION _ pVll SFAVICE COMMISSION �� Has Mis persoNfirtn ever worked under a contrad for tt�is deparlmeM? - _ CIB COMMII7EE YES �NO _ STAFF 2• Has lliis perso�rm e�er been a city emplqree? r � , �� — VES NO — ��'�P�IC]� R - 3. Does this persoMirm possess a skill not normalty possessetl by any curteM city employee? SUPPORTSwHICHCOUNCILO&IEC77VE? �� r YES NO � Explain all yes answera on separate sheet antl attaeh to green sheet '�"::�� r 3 ��1 INI7IATING PROBLEM, ISSUE, OPPOFiTUNIN (Who. Whet, When, Where, Why): Neil Gosman and Sandy Pappas brought suit against the City of Saint Paul, Car1. Bolander & Sons Company, the City's general contractor, Bonestroo, Rosene, Anderlik & Associates, Inc., the City's consulting engineer, and others for damages to their home at 182 Prospect Boulevard as a result of the Combined Sewer Separation Project. Records of the Public Works Sewer Division indicating tha the' riv te ouse connec 'o to t e sewer ma'n located 50 ADVANTAGESIFPP��fED:belOW street level, was 16 feet north of a catch basin connection that serviced Bellows Street. The house connection was via a vertical drill hole and horizontal drift tunnel. In fact, the house connection, made in 1947, was to the catch basin connection. As part of the CSSP and relying on the City's records, Bonestroo determined that the catch basin connection should be sealed to DISADVANTAG puYSUant tO L�Ie contract, bulkheaded the catch basin effectively sealing the Gosman/Pappas' house connection. Eventually the sewage backed up and flooded their basement. The cost to construct a new drill hole and drift tunnel to restore the house connection was more than $25,00-0. The Gosman/Pappas' total claim was $38,500. Gosman/Pappas asserted various theories against the defendants, including negligence, trespass, nuisance and breach of contract. DISr1DVAMAGE nP a e con i e e oca ion o eir house connection before sealing off the catch basin. The defendants denied any culpabiiity. The City claimed its decision was protected by statutory and official immunity. The parties eventually reached a compromise settlement of $25,000 with the City paying $15,000 and Bolander and Bonestroo paying the balance. The CAO recommends approval. TOTAL AMOUNT OF TRANSACTION $ 15 � OOO. OO COST/HEVENUE BUDGETED (CIFiCLE ONE) VES NO FUNDIfdGSOURCE Tort Liability ACTIVITYNUMBER 09070 FINANCIAL INFORMATION: (EXPLAIN)