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97-892Council File ��`— p 9 d� Green Sheet # �1144 t,, j i� j V�� RESOLUTION PAUL, MINNESOTA �o Presented By Referred To 1 2 3 Committee: Date RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper City officers are hereby authorized and d'uected to pay out of the Tort Liability Fund 09070-511 to Carol Ann Mueller, OBO the heirs and next-of-kin of Jill Huntington and her attomeys Meshbesher & Spence, Ltd., the sum of $22,000.00 in full settlement of the claim for damages arising out of the death of Jill Ann Huntington in the Water Street Caves, south of Piato Boulevard, on September 26, 1992. APPROVED: ��/� � • JUDGE DISTRICT COURT B a� e� Bostrom co� Harrzs Me4ar Morton T une Requested by Department of: City Attorney's Office BY= � � � .`� �" 1 Adopted by Council: Date � Form Approved by City Attorney Adoption Certified by Council S etary gY: `/ � \ �W �.� B y° ��—�—��--'�^ '�''�-- Approved by Mayor for Submission to Approved by Mayor: Date ��ZJ�S'r Counc% 1`Ji�(A�,df ���I r"� sy: � l z ���J $ y ° _T Qn-RQ� DEPAqTMENT/OFFICECOUNCIL DATE INITIATED � p � city Attorney offi�e 7loi/9� GREEN SHEE N_ 1144 CONTACTPERSON & PHONE INRIAVDATE INRIAVDATE � DEPARTMENT DIRE � CRV CAUNCIL Theodore D. Leon 266-8747 ass�c,�+ OGNATfORNEY �crtrc�aK MUST BE ON CAUNCIL AGENDA BY (OATE) NUMBER FOR ❑ BU ET DIRECTOR O FIN. 8 MGT. SERVICES OIR ROUi1NG OROER MAYOR(ORASSIST O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACfION iiEQUESTED: Approval of resolution settling claim of Till Huntington against the City of St. Paul for $22,�00.00. FECOMMENDATIONS: npprove (A) ar Reject (R) pERSONAL SEtiVICE CONTRACTS MUST ANSWER 7XE FOLLOWING �UESTIONS: _ PIANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has ihis person/firm ever worketl under a contract for Mis departmeM? _ q8 COMMtTfEE _ YES "NO _ S7APF 2. Has this perwnfirm ever been a city employee? — YES NO _ mSTRICi CAUR7 _ 3. Does this person/Firm possess a skill not normally possessed � by any current cily emplqree. SUPPOflTS WNICH COUNCIL OBJECTIVE? YES NO ExQlain all yes answus on separate aheet and attaefi to grean ahaet INITIATINCa PROBLEM, ISSUE, OPPEIRTUNITV (Wha, What, Whan. Where. Why): On the evening of September 25, 1992, seventeen-year-old decedent, 7i11 Auntington went into the "Water Street Caves" located on City property, south of Plato Boulevazd and West of Wabasha Street, along with a companion. Late the next day three other youthfixl trespassers discovered the bodies ofHuntington and her friend in the caves. Both had died due to carbon monoxide poisoning secondary to smoke inhalation. Both had been drinking prior to their deaths although Huntington's blood alcohol concentration was below the legal limit. ADVANTAGES � C aue in which the girls died was one of 12 interconnecting caves at that site and one of 72 caves found along the river bluff in St. Paui. In the years prior to Huntington's death several people have been killed or injured while trespassing in these caves. Generally, the accidents have been caused by persons starting fires in the caues which then cause cave-ins or carbon mono�de build up. The periodic fires in the caves often smolder for days or weeks because the fire department cannot effectively ea�tinguish them. The Parks and Recreation Division had signs piaced along the bluff which read "No Trespassing in Caves." No signs were placed which had specific warning regarding o�SAO�ANTACE����qg�� of starting fires. Furthermore, parks personnel testified that they knew these signs were not effective in keeping people out of the caues. Since Auntington's death, signs have been placed with specifically warn about the fire hazards in the caves. Huntington's mother instituted this wrongful death action aileging that the City was negligent in several respects. She alleged that the City was negligent in failing to properly sea7 the caves; in failing to keep youthful trespassers out of the caves; and in failing to adequately warn potential trespassers DISADVANTAGE . � a alcohol to the girls thereby contributing to their death. Ci�uSIC� � �fL'h C�3�f' RQCENED JUL �� i�97 J�L 3 199T �1RYQfi'S Of�lC� _ _..,,.� TO7ALAMOUN70FTRANSACTION $ 22.000.00 COST/qEVENUEBUDGETED(CIRCLEONE) YES NO FUNDINGSOURCE Tort Liability ACTIVITYNUMBEF 09070 FINANCIAL INFORMATION: (EXPLAIN) ' q�, - gqa Mediation in this case was held on June 10, 1997. After a full day of inediation the parties agreed to a proposed settlement that would require Mr. Greven's insurance company to pay $10,000.00 and the City to pay $22,0OO.OQ along with an agreement by the City to place a sign at the entrance to the cave, in remembrance of the decedent, and waming of the potential danger to entrants. Given the liability issues and the potential verdict ranges in this wrongful death case, this office recommends settiement ofthis matter in the amount of $22,000.00. Council File ��`— p 9 d� Green Sheet # �1144 t,, j i� j V�� RESOLUTION PAUL, MINNESOTA �o Presented By Referred To 1 2 3 Committee: Date RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper City officers are hereby authorized and d'uected to pay out of the Tort Liability Fund 09070-511 to Carol Ann Mueller, OBO the heirs and next-of-kin of Jill Huntington and her attomeys Meshbesher & Spence, Ltd., the sum of $22,000.00 in full settlement of the claim for damages arising out of the death of Jill Ann Huntington in the Water Street Caves, south of Piato Boulevard, on September 26, 1992. APPROVED: ��/� � • JUDGE DISTRICT COURT B a� e� Bostrom co� Harrzs Me4ar Morton T une Requested by Department of: City Attorney's Office BY= � � � .`� �" 1 Adopted by Council: Date � Form Approved by City Attorney Adoption Certified by Council S etary gY: `/ � \ �W �.� B y° ��—�—��--'�^ '�''�-- Approved by Mayor for Submission to Approved by Mayor: Date ��ZJ�S'r Counc% 1`Ji�(A�,df ���I r"� sy: � l z ���J $ y ° _T Qn-RQ� DEPAqTMENT/OFFICECOUNCIL DATE INITIATED � p � city Attorney offi�e 7loi/9� GREEN SHEE N_ 1144 CONTACTPERSON & PHONE INRIAVDATE INRIAVDATE � DEPARTMENT DIRE � CRV CAUNCIL Theodore D. Leon 266-8747 ass�c,�+ OGNATfORNEY �crtrc�aK MUST BE ON CAUNCIL AGENDA BY (OATE) NUMBER FOR ❑ BU ET DIRECTOR O FIN. 8 MGT. SERVICES OIR ROUi1NG OROER MAYOR(ORASSIST O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACfION iiEQUESTED: Approval of resolution settling claim of Till Huntington against the City of St. Paul for $22,�00.00. FECOMMENDATIONS: npprove (A) ar Reject (R) pERSONAL SEtiVICE CONTRACTS MUST ANSWER 7XE FOLLOWING �UESTIONS: _ PIANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has ihis person/firm ever worketl under a contract for Mis departmeM? _ q8 COMMtTfEE _ YES "NO _ S7APF 2. Has this perwnfirm ever been a city employee? — YES NO _ mSTRICi CAUR7 _ 3. Does this person/Firm possess a skill not normally possessed � by any current cily emplqree. SUPPOflTS WNICH COUNCIL OBJECTIVE? YES NO ExQlain all yes answus on separate aheet and attaefi to grean ahaet INITIATINCa PROBLEM, ISSUE, OPPEIRTUNITV (Wha, What, Whan. Where. Why): On the evening of September 25, 1992, seventeen-year-old decedent, 7i11 Auntington went into the "Water Street Caves" located on City property, south of Plato Boulevazd and West of Wabasha Street, along with a companion. Late the next day three other youthfixl trespassers discovered the bodies ofHuntington and her friend in the caves. Both had died due to carbon monoxide poisoning secondary to smoke inhalation. Both had been drinking prior to their deaths although Huntington's blood alcohol concentration was below the legal limit. ADVANTAGES � C aue in which the girls died was one of 12 interconnecting caves at that site and one of 72 caves found along the river bluff in St. Paui. In the years prior to Huntington's death several people have been killed or injured while trespassing in these caves. Generally, the accidents have been caused by persons starting fires in the caues which then cause cave-ins or carbon mono�de build up. The periodic fires in the caves often smolder for days or weeks because the fire department cannot effectively ea�tinguish them. The Parks and Recreation Division had signs piaced along the bluff which read "No Trespassing in Caves." No signs were placed which had specific warning regarding o�SAO�ANTACE����qg�� of starting fires. Furthermore, parks personnel testified that they knew these signs were not effective in keeping people out of the caues. Since Auntington's death, signs have been placed with specifically warn about the fire hazards in the caves. Huntington's mother instituted this wrongful death action aileging that the City was negligent in several respects. She alleged that the City was negligent in failing to properly sea7 the caves; in failing to keep youthful trespassers out of the caves; and in failing to adequately warn potential trespassers DISADVANTAGE . � a alcohol to the girls thereby contributing to their death. Ci�uSIC� � �fL'h C�3�f' RQCENED JUL �� i�97 J�L 3 199T �1RYQfi'S Of�lC� _ _..,,.� TO7ALAMOUN70FTRANSACTION $ 22.000.00 COST/qEVENUEBUDGETED(CIRCLEONE) YES NO FUNDINGSOURCE Tort Liability ACTIVITYNUMBEF 09070 FINANCIAL INFORMATION: (EXPLAIN) ' q�, - gqa Mediation in this case was held on June 10, 1997. After a full day of inediation the parties agreed to a proposed settlement that would require Mr. Greven's insurance company to pay $10,000.00 and the City to pay $22,0OO.OQ along with an agreement by the City to place a sign at the entrance to the cave, in remembrance of the decedent, and waming of the potential danger to entrants. Given the liability issues and the potential verdict ranges in this wrongful death case, this office recommends settiement ofthis matter in the amount of $22,000.00. Council File ��`— p 9 d� Green Sheet # �1144 t,, j i� j V�� RESOLUTION PAUL, MINNESOTA �o Presented By Referred To 1 2 3 Committee: Date RESOLVED, that upon execution and delivery of a release, in full, to the City of St. Paul, the proper City officers are hereby authorized and d'uected to pay out of the Tort Liability Fund 09070-511 to Carol Ann Mueller, OBO the heirs and next-of-kin of Jill Huntington and her attomeys Meshbesher & Spence, Ltd., the sum of $22,000.00 in full settlement of the claim for damages arising out of the death of Jill Ann Huntington in the Water Street Caves, south of Piato Boulevard, on September 26, 1992. APPROVED: ��/� � • JUDGE DISTRICT COURT B a� e� Bostrom co� Harrzs Me4ar Morton T une Requested by Department of: City Attorney's Office BY= � � � .`� �" 1 Adopted by Council: Date � Form Approved by City Attorney Adoption Certified by Council S etary gY: `/ � \ �W �.� B y° ��—�—��--'�^ '�''�-- Approved by Mayor for Submission to Approved by Mayor: Date ��ZJ�S'r Counc% 1`Ji�(A�,df ���I r"� sy: � l z ���J $ y ° _T Qn-RQ� DEPAqTMENT/OFFICECOUNCIL DATE INITIATED � p � city Attorney offi�e 7loi/9� GREEN SHEE N_ 1144 CONTACTPERSON & PHONE INRIAVDATE INRIAVDATE � DEPARTMENT DIRE � CRV CAUNCIL Theodore D. Leon 266-8747 ass�c,�+ OGNATfORNEY �crtrc�aK MUST BE ON CAUNCIL AGENDA BY (OATE) NUMBER FOR ❑ BU ET DIRECTOR O FIN. 8 MGT. SERVICES OIR ROUi1NG OROER MAYOR(ORASSIST O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACfION iiEQUESTED: Approval of resolution settling claim of Till Huntington against the City of St. Paul for $22,�00.00. FECOMMENDATIONS: npprove (A) ar Reject (R) pERSONAL SEtiVICE CONTRACTS MUST ANSWER 7XE FOLLOWING �UESTIONS: _ PIANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has ihis person/firm ever worketl under a contract for Mis departmeM? _ q8 COMMtTfEE _ YES "NO _ S7APF 2. Has this perwnfirm ever been a city employee? — YES NO _ mSTRICi CAUR7 _ 3. Does this person/Firm possess a skill not normally possessed � by any current cily emplqree. SUPPOflTS WNICH COUNCIL OBJECTIVE? YES NO ExQlain all yes answus on separate aheet and attaefi to grean ahaet INITIATINCa PROBLEM, ISSUE, OPPEIRTUNITV (Wha, What, Whan. Where. Why): On the evening of September 25, 1992, seventeen-year-old decedent, 7i11 Auntington went into the "Water Street Caves" located on City property, south of Plato Boulevazd and West of Wabasha Street, along with a companion. Late the next day three other youthfixl trespassers discovered the bodies ofHuntington and her friend in the caves. Both had died due to carbon monoxide poisoning secondary to smoke inhalation. Both had been drinking prior to their deaths although Huntington's blood alcohol concentration was below the legal limit. ADVANTAGES � C aue in which the girls died was one of 12 interconnecting caves at that site and one of 72 caves found along the river bluff in St. Paui. In the years prior to Huntington's death several people have been killed or injured while trespassing in these caves. Generally, the accidents have been caused by persons starting fires in the caues which then cause cave-ins or carbon mono�de build up. The periodic fires in the caves often smolder for days or weeks because the fire department cannot effectively ea�tinguish them. The Parks and Recreation Division had signs piaced along the bluff which read "No Trespassing in Caves." No signs were placed which had specific warning regarding o�SAO�ANTACE����qg�� of starting fires. Furthermore, parks personnel testified that they knew these signs were not effective in keeping people out of the caues. Since Auntington's death, signs have been placed with specifically warn about the fire hazards in the caves. Huntington's mother instituted this wrongful death action aileging that the City was negligent in several respects. She alleged that the City was negligent in failing to properly sea7 the caves; in failing to keep youthful trespassers out of the caves; and in failing to adequately warn potential trespassers DISADVANTAGE . � a alcohol to the girls thereby contributing to their death. Ci�uSIC� � �fL'h C�3�f' RQCENED JUL �� i�97 J�L 3 199T �1RYQfi'S Of�lC� _ _..,,.� TO7ALAMOUN70FTRANSACTION $ 22.000.00 COST/qEVENUEBUDGETED(CIRCLEONE) YES NO FUNDINGSOURCE Tort Liability ACTIVITYNUMBEF 09070 FINANCIAL INFORMATION: (EXPLAIN) ' q�, - gqa Mediation in this case was held on June 10, 1997. After a full day of inediation the parties agreed to a proposed settlement that would require Mr. Greven's insurance company to pay $10,000.00 and the City to pay $22,0OO.OQ along with an agreement by the City to place a sign at the entrance to the cave, in remembrance of the decedent, and waming of the potential danger to entrants. Given the liability issues and the potential verdict ranges in this wrongful death case, this office recommends settiement ofthis matter in the amount of $22,000.00.