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Robinson, Thomas NOTICE OF CLAIM FORM to the City of Saint Paul, Minnesota Minnesota State Statute 466.05 states that “…every person…who claims damages from any municipality…shall cause to be presented to the governing body of the municipality within 180 days after the alleged loss or injury is discovered a notice stating the time, place, and circumstances thereof, and the amount of compensation or other relief demanded.” Please complete this form in its entirety by clearly typing or printing your answers to each question. If you have additional documentation, you may add those documents to your submission. You will not be contacted by telephone unless clarification is needed. The claim process for investigations can take upwards of four (4) weeks. This form must be signed, dated with all applicable sections completed. Submission this completed form to the mailto:Saint%20Paul%20City%20Clerk’s%20OfficeSaint Paul City Clerk’s Office by email (cityclerk@ci.stpaul.mn.us), fax (651-266-8574) or mail addressed to “Saint Paul City Clerk, 15 West Kellogg Blvd., Suite 310, Saint Paul, MN 55102”. Claimant: First Name: _Thomas_______________________________ Last Name: Robison Please Indicate Your Pronouns: ☐ She/Her/Hers, ☒ He/Him/His, ☐ They/ Them/Theirs Company or Business Name: __Union Park District 13 Community Council, Eleanor Graham Community Garden project. __________________________________________________________________________________ Is this claim being made by an Insurance Company? NO If yes, what is your Claim/File Number? <_________________________ Is this claim being made by an Attorney? NO If yes, what is your File Number? _______________________________________ If yes, provide your Insured’s/ Client’s Name: _______________________________________________________________________ </ Street Address: _______________________________________________________________________________________________ City: ______________________________________________ State: ________________________ Zip Code: ___________________ Daytime/Work Phone: __________________________________ Cell Phone: _____________________________________________ Date of Incident or Date Discovered (Must Complete): 10/13/2023 Time: 5:00 pm Please state, in detail, what happened that prompted you to file a Notice of Claim Form: A tree fell within a small property owned by the City of St. Paul, Department of Public Works. A community garden operates on this parcel. I am a member of the leadership committee for the Eleanor Graham Community Garden (EGCG). This community garden is a sanctioned activity of the Union Park District Council 13. It is established by contract with the St. Paul Department of Public Works.Late afternoon on Friday, 13 October 2023, I was notified and presented with pictures of a fallen tree within the area of the community garden. This was a large volunteer boxelder tree that grew around a chain link fence between Ayd Mill Road and the garden property. The tree, one of several volunteer trees along the fence line, was rotted at the ground line and it collapsed apparently without severe weather provocation. While it caused minimal damage to the garden spaces into which it fell, the same could not be said about a utility shed located in the area. The shed, only 5 years old, was demolished. The EGCG installed the shed to promote common activities necessary to maintain the garden plots and indeed the entire property. Please see additional information about this property and the EGCG below. The shed is an indispensable element that enables us to properly administer and maintain the EGCG. Earlier this summer a very large Bur Oak, a St. Paul Landmark tree on the property, also fell unexpectedly. This oak, one of two on the property, was estimated to be over 250 years old. It was found to be completely rotted within. Fortunately, no one and no property was damaged by this incident. The Departments of Public Works and Forestry very quickly and carefully removed this tree and cleaned the area of all its brush. They did a spectacular job without any further disruption to nearby garden spaces. At the time, I saw that they looked at some of the remaining volunteer trees along the fence line. They took a few branches, but otherwise left the volunteer trees intact. Please state why or how you feel the City of Saint Paul is responsible for your Damages? The property is controlled by the City of St. Paul, Department of Public Works. The tree that fell was on that parcel. The property is under contract to Union Park District Council 13 for use as a community garden area. The volunteer gardeners either through their donations or in-kind efforts to obtain grants, paid for the shed which was destroyed by the tree. We simply seek reimbursement for the current value of the shed so that it can be replaced in a timely fashion before the start of the next gardening season.While the garden supports a small orchard containing a few fruit trees, we are neither qualified nor responsible for maintaining the remaining large legacy bur oak tree or the volunteer trees along the Ayd Mill fence line. We cannot, under our contract, remove or alter any of these trees. We did not notice any particular damage to these trees; however, it is unfortunate that further inspection of them did not take place when the internal rot that took the bur oak tree earlier in the summer, was discovered.A short history of the EGCG is provided below. We have worked very hard over many years to improve the appearance of this small corner of green space. We want to continue this beautification and improvement to the area, and a suitable shed is essential to this activity. The shed is used to store common-use tools, mowers, a tiller, and hoses used to maintain the property on a regular basis. The leadership committee for the EGCG feels that the garden has been an excellent steward of the property and has provided to the city not only beautification of the area, but in fact, significant effort to relieve the city of some of its maintenance responsibility for the area. The most recent enhancement was the planting of some six trees on the boulevard that extends along the southern perimeter of the garden bordering the off-ramp from Ayd Mill Road. These trees were planted at EGCG’s expense with the approval of the City because the City was unable to prioritize this project for several years. EGCG continues to undertake their maintenance. For this, we ask only a modest sum to replace the shed. See estimate given later in this claim form.A short history of the Eleanor Graham Community Garden:The property on which the garden resides is located at 1335 Ashland Ave. in St. Paul. It is a corner of property bounded by Ayd Mill Road, Hamline Avenue, and the entrance and exit ramps to Ayd Mill Rd. It was formerly an extension of Ashland Ave. to the east of Hamline which was abandoned at the time the Hamline bridge was first constructed. At that time, homes and structures were removed, and the land was left untended. The property was covered with copious wild brush and much invasive burdock and buckthorn. There also was a large pile and associated scattered trash, broken concrete, asphalt, and soil pipes. In the mid ‘80’s, the Snelling-Hamline Community Council (now part of Union Park District Council 13) petitioned the city to allow the community council to “improve” the property by installation of several garden spaces, with water supplies, that can be used by volunteers to beautify the area and provide a sense of community in a section of St. Paul that was otherwise very limited in “green space.” Since then, the number of participants has grown dramatically and the current Eleanor Graham Community Garden is one of the city’s most beautiful community gardens that currently serves more than 60 gardeners. It also supports a fruit tree orchard of more than 20 varieties of native shrubs and fruit trees. In the last five years, the Hamline bridge has been rebuilt, and at this time, a beautiful and permanent art structure was constructed by the city as part of the bridge reconstruction and property beautification. In the last two years, a bike and walking path was constructed adjacent to the property and along the entrance and exit ramps to Ayd Mill Road. This path is a part of the St. Paul bikeways and serves to connect the neighborhood and provide extension of the bike path system. The EGCG continued to enhance the appearance of the area around the bike path by providing appropriate trees and shrubs and continues to maintain all these amenities. While this property has many garden spaces, there remains a large grassy area that is unsuitable for gardens. The EGCG has assumed the obligation to maintain this area as well by relieving the city of the responsibility to mow the grass. Please check the reason that most closely describes the reason for your submitting a claim. Please note the documents that will need to be provided with your completed form.< Photographs will be accepted. All documents submitted become the property of the City of Saint Paul and shall not be returned.< ☐ Automobile damage from a motor vehicle accident: please provide two estimates for repairs or actual bill that has been paid. ☐ Automobile damage from a street defect or pothole: please provide two estimates for repairs or actual bill that has been paid. ☐ Automobile was towed and may or may not have sustained damage: please provide copy of towing ticket (if available), receipt from Impound Lot, and two estimates for repairs or actual bill that has been paid. ☐ Snow Emergency: please provide copy of towing ticket (if available), receipt from Impound Lot, and two estimates for repairs or actual bill that has been paid. ☒ Property damage: please provide two estimates for repairs or actual bill that has been paid. The shed was destroyed. It was purchased 17 Nov 2017 for $3334.00. The current replacement cost for the same model shed is $5100. ☐ You were injured during a motor vehicle accident: please provide police report number, details about injury. ☐ You were injured in the City of Saint Paul: please provide police report number, witnesses, and details about injury. Continue to page 2 of Notice of Claim Form. Failure to complete and return both pages will result in delays. This section must be completed for all claims. Is there a police report for this incident? NO If yes, please provide the police report case number: ___________________________ If yes, what law enforcement agency responded? ____________________________________________________________ Where did the incident take place? Please provide a street address, intersection or name of city park or facility: ______1335 Ashland Ave., St. Paul, MN 55104. ___________________________________________ What would you like to see happen to resolve this claim to your satisfaction? For the city to issue a check to the Union Park District Council 13, in the amount of $5100, and earmarked for use by the Eleanor Graham Community Garden to replace the destroyed shed. Were there witnesses to this incident? Please provide names and contact phone numbers: There were no witnesses that we know of; however, we have attached several photographs. The persons providing the photographs were Alex </Malnaa, alex1123@outlook.com, 701-509-4514, Patrick Hamilton, patleehamilton@gmail.com, (651) 356-1212, and Tom Robison, tomdebrobison41@msn.com, 651-260-9968. ____________________________________________________________________________________________________________ For property damage claims, including vehicle accidents. Your vehicle’s information: Year: _________ Make: _________________ Model: __________________ Color: __________________ License Plate #: _________________________ State vehicle is registered in: ___________________________ Registered owner of vehicle: _____________________________ Driver: __________________________________________ Area(s) damaged:______________________________________________________________________________________ If a City vehicle was involved, License Plate #: _________________________________ Color: _______________________________ Was there City insignia on the vehicle? YES / NO Driver’s Name</w: ______________________________________________________ Other property damaged: 10’ x 12’ model TR-700 wooden Tuff Shed® outdoor storage shed. For injury claims of any type. What part of your body was injured? _____________________________________________________________________________ Did you go to the emergency room or urgent care? YES / NO Where? ___________________________________________________ Was medical treatment received? YES / NO Where? </________________________________________________________________ First day of medical treatment? _____________ Are you still receiving medical treatment? YES / NO Did you miss any work as result of this incident? YES / NO < Employer(s): _________________________________________________________________________________________________ How much time have you missed from work? _____________________________________________________________________ If you are submitting other documents, please state what you are attaching and how many pages: Tuff Shed quote is embedded in this document. By signing this form, you agree that all information provided is true and correct to the best of your knowledge. Please NOTE that submitting a false or misleading claim can and will result in prosecution under Minnesota Statutes. Name of Person completing form: _Thomas S. Robison; 651-260-9968 < Signature of Person submitting this form: __Thomas S. Robison_____________________________________________________ Relationship of person signing to Party making the claim: SELF Note: I am submitting this claim on behalf of the Eleanor Graham Community Garden. I am a member of the leadership committee. The Eleanor Graham Community Garden is a project of the City of St. Paul Union Park District Council 13. Date document is being signed: 1/26/2024 Revised March 2023