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91-2022 OR�G�� ,r..-. � �;� '�Council File # �– Q � :, (�� --' 13438 Green Sheet # RESOLUTION ITY OF SAINT PAUL, MINNESOTA Presented B � Y`l . y Referred To Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-0511 to Robins, Kaplan, Miller & Ciresi, In Trust for Paul Naiditcla, Trustee, and for the benefit of Bessie Naiditch's next-of-kin, the sum of $38,500.00, in full settlement of claim for damages sustained to Bessie Naiditch on April 19, 1988, as a result of a fall on the public sidewalk in front of 1770 Montreal Avenue. APPROVED: a.. � /o i� q� Ju e of District Court Y� Na,� Absent Requested by Department of: imon oswi z i' City Attorney on s —Placca ee l �%Y et man � � une i son l BY� Adopted by Council: Date OCT 2 � 1991 Form Approved by Ciity Attorney Adoption Certifie by Council Se�cretary By; � �....-,- i BY� � . Approved by Mayor for Submission to ' � Council Approved by Mayo : Date - - , � ,; <��R;�/� ��B By� Y� ✓ Pua�� [�!�,,d� 9'91 ��,_�d�zI/ DEPARTMENT/OFFICE/COUNCIL DATE INITIATED • City Attorney 10-14-91 GREEN SHEET N•° - 13438 CONTACT PERSON&PHONE INITIAUDATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNCIL F r ank E. V i 11 aume, I I I A��QN �CITY ATTORNEY �CITV CLERK MUST BE ON COUNCIL AQENDA BY(DATE) NUMBER FOR ❑BUDGET DIRECTOR �FIN.8 MQT.SERVICES DIR. 298-5475 pOUTINO ORDER �MAYOR(OR ASSISTANT) � TOTAL#OF SIGNATURE PAC;E3 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Approval of resolution settling claim of Bessie Naiditch against the City of Saint Paul for $38, 500. RECOMMENDATIONS:Approve(A)or ReJect(R) pERSONAL SERVICE CONTRACTS MUST ANSW@R THE FOLLOWING QUESTIONS: _ PLANNINQ COMMISSION _ CIVIL SERVICE COMMIS310N �• Has this person/firm ever worked under a contract for this department? _CIB COMMITTEE _ YES NO 2. Has this personlfirm ever beert a city employee? _STAFF _ YES NO _DISTRICT COUR7 _ 3. Does this personHirm possess a skill not normally possessed by any current city employee? SUPPORT3 WHICH COUNCIL OB.IECTIVE7 YES NO Explaln all yes answers on separate aheet and attech to grosn sheet INITIATINCi PROBLEM,ISSUE,OPPORTUNITY(Who,Whet,When,Where,Why): Bessie Naiditch died on April 19, 1988, as a direct result of head injuries she suffered in a fall on the public sidewalk in front of 1770 Montreal Avenue. Mrs. Naiditch was 75 years old at the time of her death and had a life expectancy of about 9 years. A wrongful death action was brought on behalf of her heirs and was scheduled for trial on November 12, 1991. Pretrial discovery established that Mrs. Naiditch was in generally good health and routinel made substantial financial contributions to her adult ADVANTAOESIF� �•ren and grandchildren. Consequently, the plaintiff expected to prove not only a loss of counsel, guidance, aid, comfort and assistance, but also quantifiable pecuniary loss. The medical expenses were in excess of $14,000 and the burial expenses were $5,000. The sidewalk section in question had a 1 inch difference in elevation from the adjoining panel. The City of Saint Paul had no prior compliant about the area. The sidewalk was reconstructed in 1989. Our office has agreed to pay $38,�00 in full and final DISADVANTACiE A . ��C DISADVANTAOE3 IF NOT APPROVED: OC� ��%tl�__� MA j � �g91 Council R��;arch Center kl�T� 21 '� ��'I,CF OCT 16 1991 CITY C!'�`'?�. TOTAL AMOUNT OF TRANSACTION S 3 S � OOO.OO COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDIN(3SOURCE Tort Liabilitv ACTIVITYNUMBER (�9n7n FINANCIAL INFORMATION:(EXPLAIN) �� 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. City Attorney 3. Ciry Attorney 3. Budget Director 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. Ciry Attomey 3. Department Director 3. Mayor Assistant 4. Budget Director 4. Ciry Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all 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 fJag each of these pagss. ACTION REQUESTEO Describe what the projecUrequest seeks to accomplish in either chronologi- cal order or order of importance,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,pubiic or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest 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 will be used to determine the city's liabiliry for workers compensation claims,taxes and proper civil service hiring rules. 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 projecUaction. 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? f� `�; ki:.<;��`��:E '►/ . . ' t � �� . �l?.�� . l7 a � �! NOTICE OF APPEAL �,��M�� R �� '. � , . _ / OWNER OR TAXPAYER FILE # 18630 . ASSBSSI�NT# 2248 Dan K. & Sandra Mae Nelson PROPBRTY ADDRESS 1510 East Shore Drive 1510 East Shore Drive St. Paul, MN 55106-1119 PARCEL ID 21-29-22-14-0075 PLEASE TAKE NOTICE that the homeowners/taxpayers, Dan K. & Sandra Mae Nelson, intend to appeal the approval of the assessment for HOYTE AVENUE AREA SEWER CONSTRUCTION, File # 18630, approved by the City Council on October 3, 1991, to the District Court Administrator and the City Clerk. Grounds for the appeal are as follows: 1. That the assessment was arbitrary and caprecious. 2. That it is excessive. 3. That the taxpayer received no use or benefit from the storm sewer and it does not benefit the taxpayer's property and, therefore, it is arbitrary and caprecious. 4. That the calculation of $1,283.30 does not fairly reflect the taxpayer's use or benefit received by the sewer assessment. 5. The assessment is based upon the size of land owned, which is the only factor used to determine the assessment, and does not include such t ings a use or benefit. ; � r / I Dated: �� C,ljc � � � �(1 (/ �� ,� ' t, �_ , � t DAN K. NELSON Owner/Taxpayer � . _ f�� ,� . � CITY OF SAINT PAUL �>>�lplTY11pA PUBLIC IMPROVEMENT �'�. � �f� � �{� � � �� ' �' INVOICE ,i, , , � �' . � o �. � in�i��iw ti ; ;�1�� ..,� : � nu lu u � , �v ��s• FILE � �8630 ASSESSMENT p 22a8 OWNER OR TAXPAYER PROPERTY ADDRESS 1610 EAST SHORE DRIVE PARCEL ID DAN K 8 SANDRA MAE NELSON 21-29-22-14-007b 1610 E SHORE DRIVE �T PAUI �A�V 66108-111fl PROFEATY TAX DESCRIPTION RE(�11STERED LAND SURVEY 321 SUBJ TO ESMTS; SWLY 26 FT OF TRACT B & ALL OF TRACTA On �CTQ�E� o�. 1�9,i the City Council approved the assessment for the ; HOYT AVENUE AREA SEWER CONSTRUCTION ; -- FiIE �k 18630 PAYD�ENT The amount of your assessment is $�.283.30 , You may pay ' INFOQ�ATION tl�is arnrwnt or a portion of this amount by i�LQei�� without interest (Piease enclose the lower portion of this invoice wfth your payment). After ��/Q�/9� any unpaid amount will be Co1loCted with your raal ostato taxes. Any unpaid amount - -�- - - -�- � wi� be �harfled interest at the rate of 8.Q0096 per year. In accordance with sections 84.04 and 64.05 of the Saint Paul Admi�istrative Code� you will be allowed _�, ynar(s) to pay this a�sess�ont. There will ba an installment paid each year with real estate taxes. Additio�al payments will be accepted until NOVEMBER 15th each year if you wish to shorten the term of the assessment. ',� SEAi108S if you ar• 6fi or older and homestead this property, you may apply Aip1"E for a deferred payment of special assessments. This is not a fpryiven�ss of payment. It is a deferred payment plan in which interest continues to accrue. Call us at 298-b12b to find out if you qua�fy for this deferment. QUESTIOHS�Call 298-5Y2fi and refer to Assessment # 22ae INVOICB SENT BY THE REAL ESTATE DIVISION \� � DEPART1dENT OF FINANCE AND bIANAGEMENT SERVICES A00�[ 218 CITY HALL-COURT HOUSE / ��, SAINT PAUL, MN 55102 , �'� ______-�-____�-___�_.�_�.�__.��..��..�-------------------------------------------------- (Aeturn thia portion with your payment) OWNER OR TAXPAYER ASSESSMENT � 22a8 DAN K � SANDRA MAE NEISON AMOUNT $1,283.30 1610 E SHORE DRIVE ST PAUL MN 66106-1119 I��I��ul�� PbtOPERTY ADDRESS U . 1610 EAST SHORE DRIVE 21-29-22-14-0075 (2248) , Make check• payable to the CITY OF SAINT PAUL and mail to: CITY OF SAINT PAUL 218 CITY HALL-COURT HOUSE SAINT PAUL, MN 55102