88-1699 WHITE — CITV CLERK CQVnC1I l
PINK — FINANCE G I TY OF SA I NT PAU L �� b �
CANARV — OEPARTMENT
BLU� —rMi,�VOR File NO. �
• • s"'..._._,....��.
Counc� R t n � �x�� ' �,
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Presented By �""<�`-� / r
Referred To Committee: Date .��(j�-/��
Out of Committee By Date � --
WHEREAS , the Public Works Committee of the Saint Paul City
Council met on Occober 12, 1988 and considered a proposed Preliminary
Order, File No. 18526 regarding the removal and replacement of
illegally installed curb at 1349 Midway Parkway;
WHEREAS , it was determined that this order was a request for
the removal only of the ill�gal curb since plans to construct curb
in this area of the City have not been finalized;
WHEREAS , Mr. Jones , owner of 1349 Midway Parkway appeared before
the Committee, indicated :ze nad received and paid an ordinance
violation tag for installing the curb without a permit and requested
the Committee and Council to allow him to keep the curbing in place
un�il such time as a re�lacement curbing project is approved and
constructed in the neighborhood; and
WHEREAS , if Mr. Jones had followed the appropriate procedures
to obtain a permit under Section 121 .02 of the Legislative Code he
would have to provide a $10, 000 bond indemnifying the City of Saint
Paul for all damages , judgments , claims , loss or liability arising
from or growing out of the construction� design and placement of the
curbing.
WHEREAS , Mr. Jones also acknowledged that when at some future
date the City ultimately replaces the existing curbing with curbing
meeting Public Works design specifications , he will be required and
will agree to pay assessments for same ; and
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�� [n Favor
Goswitz
Rettman
s�he;ne� _ Against BY
Sonneu/�
Wilson
Form Approve y City Attorn�
Adopted by Council: Date
Ceriified Passed by Council Secretary By
� �� � �
gy,
Approved by Mavor: Date Approved by Mayor for Submission to Council
By By
WNITE - CITY CLERK COURCII
PINK - FINANCE GITY OF SAINT PAUL
BI.UiERY =MxEPAOR�TMENT File NO. ��-� � � -
. Council ution
Presented By - \
Referred To Committee: Date �����'��
Out of Committee By Date
NOW THEREFORE, BE IT RESOLVED, upon recommendation of the
Public Works Committee, the Saint Paul City Council hereby rescinds
Preliminary Order, Council File No. 18526 , if Mr. Jones provides
the City with a $10 , 000 bond indemnifying the City of Saint Paul
for all damages , judgments , claims , loss or liability arising from
or growing out of the construction, design and placement of the
curbing at 1349 Midway Parkway; said bond to remain in effect until
the illegal curbing is removed and replaced with curbing constructed
in compliance with design standards established by the Department of
Public Works.
FURTHER RESOLVED, that said bond shall be filed within fifteen
(15) days of the effective date of this Resolution and in a form
to be approved by the City Attorney.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
Lo�g In Favor
Goswitz
Rettman
s�ne;be� A gai n s t BY
Sonne�
Wilson �
��T � '� t�8$ Form App y City Attorney
Adopted by Council: Date �
Certified Ya. • y Counc'1 Se ry BY—
� d I� �
gy, �+ ,
�t,+r 2 8 (�8 Approved by Mayor for Submission to Council
t7�ppr d by � avor. te
By
p�1.ISHE9 �,',��� "-��
� o�,�,�o �,���o
�8`-1��
:�ouncilman R.oger Goewitz 10/1;4/88 G���� ��"'��� N0.��2 4�
2 nEr�owECron �w►ron ioA�r�rn1
Thomas Reef e �a FOFe �a�ear ss+�s o�uc,on 4 orrr cxi�c
. � . pp1lTiNp euooer om�etoa
; C�DUnCil R�,sea h �. �92-6283 oR�: � cm��rro�Y - — .
. Allowing Mr.. Jones to keep illegally'installed curb in place until such time :as a
replacement carbing project is apgroved and constructed in the neighborhood, if a bond
of $10,000 is provided the City of Saint Paul for aIl damages, �udg�ents, claims, loss
or liabi2ity srising from or growing out of the construc�ion, design and pla�e�ent of the
� .
. • �(�PD�'a'a(�)a Relect(R)) C01M�ICI�.RESEIiACH tiEPORT:
, PUiN1MN0�qN � CIVIL SERVICE COMMI8810N - . . . . . � .
. . DATE MI �. . �DATE.OtJf . ..ANALVBT - � M10PlE NO. ..
�� ����� 10-14-88 lE)-17-88 Bruee Hoheisel 298-5309
-�g sT� au�rrEn caw�or� g cow�.��s�s _noo�.n�o.,�ooEU= _r���� _�*
°ier"�cr°°u"cx *Exeuwmo►+:
ei�aroRrs wni�cou�c�cai�cnvEZ :
' District 4
,
. sr�a r�oe�:e�R�.orraan�rtr twr�o,wn.c wne�,.wnere.w►M: ..
Mt. Jones, who resides at 1349 Midwaq Parkway, illegally installed a curb ad�oining the street.
He did not take out a permit and the work was not done in conformance with existing standards.
1'�te City of Saint Paul is liable for aTl damages, �udgments, �lai�, or loes �arising from or� ,
growin� out of.construction, design and placement .of the �urbing.
_
�roa�.��.A.�i: , .
�"he curb wiil protect the adjacent trees and boulevard from the adverse effeq.ts of -
parking vehicles until such time as a replacement curbing project is approved and
constructed in the neighborhood.
i . .COIISlI�IOI�RS(Mllrt.Y14bn�and To Whom): `_ . ,:. , : _ - , - ,
�n accident may be caused by the part of the cnrb that protrudes i�rto the street.
The sanctfoning of an unworkmanshiplike product. .
��u►n+r�s: : anos ocas
Have the City remove the curb and put The curb would meet The possibility of a
'the �s.treet and boulevard in shape and existing standar�:s. tree hat�ing to be>remvved
` also make everq effort to save as maaq .
trees as`.possible. :
wsra�vn�errs:
'1'his case is unusualq because the large distance the curb extends out into this typp of
street. _ � .
.. :
iaau.iswES: ,
If Mr. Jon�s had followed the appropriate procedures to obtain a permit und�r 5ectcion 121.02
of the Legislat3.ve Code, he would have to provide a �lO,OQQ bond indemnifying the Ci�y of
Saiat Paul for a11 damages, �udgments, claims, loss or liability arising frdm or growing out
of the construction, des�#,gn and placement of the curbing. Mr. Jones must nc�w file ���d bond
_
]�n thn Citv Ott..xr.etr if t},c n��rl� ia .tn_rumn3n_�n _�lsno_ _ _