91-2088 ����°�C Council File # �c�d4o `�
. ,�' �� ;
.� Green Sheet # 13439
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By -:.�`:`
_ ,
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 Leona McMonigal the sum of $3,700.00 in full
settlement of her claim for damages sustained March 22, 1989, as a result of a sidewalk
fall at or near Arcade and Rose Streets.
Yeas Na� Absent Requested by Department of:
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oswi z :� City Attorney
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Adopted by Council: Date
NOV 1 4 1991 Form roved by City Attorney
Adoption Certified by Council Secretary gy: �`�. ��(,!�
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BY� " 1-��-� ��r '��� %" - � Approved by Mayor for Submission to
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Approved y Mayor: Dat, '
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED
c�ty Attorney lo/21�g1 GREEN SHEET �°� � ;13�:39
CONTACT PERSON 8 PHONE INITIAUDATE HVITIAUDATE�
�DEPARTMENT DIRECTOR �CITY COUNCIC
Pamela 'r' . Hutton, 298-5475 A$$��N �CITYATTORNEY �CITYCLERK'. _
NUMBER FOR
MUST BE ON COUNCIL AGENDA BY(DATE) pOUTINQ UDGET DIRECTOR �FIN.&MOT.�SEAVICES DIR.,
ORDER MAYOR(OR ASSISTANT) �
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of resolution settling claim of Leona McMonigal for $3, 700.00
RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PtANNING COMMISSION ^ CIVIL 3ERVICE COMMI3SION 1. Has this personffirm ever worked under a contra0t fOr this depertment?
_CIB COMMITfEE _ YES NO •
2. Has this person/firm ever been a city employee?
_STAFF — YES NO •
_ DISTRIC7 COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECfIVE7 YES NO �,�CE6VED
Explaln all yes answers on aeparate sheet and attach to green s eet
INITIATIN(3 PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
On March 22, 1989, plaintiff (then 64 years of a ,
tripped over a cracked and heaved sidewalk panel��R S OFFICE
the vicinity of Arcade and Rose Streets in St. Paul.
Mrs. McMonigal, widowed and the working-class mother
of seven (7) children, sustained a fractured hip which
had to be surgically pinned. She spent 12 days in the
hospital following the accident, and claims roughly �ECEIVED
ADVANTAGES IF APPROVED, �
injury to her hip. Mrs. McMonigal sued both the City N�U � s ���
of St. Paul and Country Club Market. She claimed the
City was negligent in maintaining and repai�ing this �ITY CLERK
sidewalk and that the store was also negligient in not
adequately maintaining the walkway. Following formal
notice to the City (in July, 1989) of Mrs. McMonigal's fall,
the City inspected and repaired the sidewalk in August, 1989.
In August, 1989, the City's Public Works De artment er-
DISADVANTAQESIFAPPRO�nne iscovere a 4� x 4' area of deeply scaled concrete
surface at the corner of Arcade and Rose, and at least 2
cracked and settled sidewalk panels. Investigation also
revealed that at least on 7 occasions prior to Mrs.
McMonigal's fall, the City's Water Department had effected
inspections and repairs of the fire hydrant which was
directly adjacent to where Mrs. McMonigal claims she fell.
Also, the City had installed at this corner, in 1983, a
DISADVANTAOESIFNOTAP��y�..sibility of plaintiff�s arguing that the City of St.
Paul had at least constructive notice of th+e disrepair
of this particular sidewalk location, such that��,�j������ ���t�
measures should have been taken (prior to March, 1989) to
prevent this type of mishap. From a demand, of $18 0 0
plaintiff has indicated a desire to compromise thi�C�di��1991
for $3,700.00 (contribution from the City o� St. Paul) ,
and $6,300.00 from the other defendant in t�is action,
, •
3 700.00
TOTAL AMOUNT OF TRANSACTION $ ' COST/REVENUE BUDGE�D(CIRCLE ONEj YES NO
FUNDINGSOURCE TOr't Llablllt�7 ACTIVITYNUMBER 09070
FiNRNCIAL 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 RESOtUTION (Amend Budgets/Accept.Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attomey
3. City 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. Flnance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. Ciry Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. Ciry Council
5. Ciry 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 papercifp or flag
each of these pages.
ACTION REQUESTED
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, public
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,
BUDQET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAI MANUAL.)
PERSONAL SERVICE CONTRACT3:
This information will be used to determine the city's liability 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 projecUrequest 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?