85-1236 WMITE - CITV CLERK
PINK - FINANCE I TY OF SA I NT PAU L Council p�_/�3�
BLUERV - MAVORTMENT a
File N 0.
r r o cil Resolution
,
Presented By
C
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Saint Paul iverfront Commission and the Council of the City
of Saint Paul have appro ed the construction of a timber mural to be installed
on a wall at Lambert's L nding on the riverfront; and
WHEREAS, the City must e ter into an agreement with the owner of the site
in question, the Soo—Mil aukee Railroad, which outlines the conditions and
responsibilities under w ich the mural will be installed and maintained; and
WHEREAS, the agreement r quires that among other things, the City indemnify
the railroad and its age ts against certain liabilities; and
WHEREAS, Chapter 10 of t e City Charter requires that the City Council
consider and approve any assumption of liabilities or granting of indemnification
by the City;
NOW, THEREFORE BE IT RES LVED, that the Council of the City of Saint Paul,
approve the agreement be ween the City of Saint Paul and Milwaukee Road, Inc.
for use of the railroad' property for installation of �he mural, dated
August 22, 1985, includi g provisions of the agreement describing the City's
responsibilities for ind mnification.
COUNCILMEN Requested by ����nnaa rtment of:
Yeas Drew Nays � ��
Masar„ In Favor
fuicosia �
scr,e�h�� __ Against BY
Sonnen
TedesCo
�r EP � L 1985 Form Approved by City Atto hey
Adopted by Council: Date
Certified Pas e ta BY
t
By,
6lpproved by lVlavor: te ` �� 2 �p rov by Mayor for Submi o to uncil
B� PUBLIS�i�� �E_I' :.'� - 1�� BY
, +`�,t, ,.� CiTY OF SAINT PAUL
� ; DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
0 4 �`► DIVISION OF DOWNTOWN DEVELOPMENT �
� ��������j ; 25 West Fourth Street,Saint Paui,Minnesota 55102
''i ^° 612-292-1577
,..•
GEORGE UTIMER �� /�3�
MAYOR
August 22, 1985
Mr, G. A. Nilsen� General anager
Engineering Department
Soo Line Railroad Company
Soo Line Building
,Box 530
Minneapolis, MN 55440 .
Re: REQUEST TO ATTACH TIM ER MURAL TO RAILROAD—OWNED RETAINING WALL;
SHEPARD ROAD & SIBLEY STREET� SAINT PAUL, MN
Dear Mr, Nilsen:
Thank you very much for ta ing the initiative 'to prepare an agre�ent between
the City of Saint Paul and the Milwaukee Road for permission ta attach a timber
sculpture mural to a railr ad wall between J�c�kso�.�.and Sibley Streets at
Lambert's Landing. • �.
You will note that the agr ement has been signed by the appropriate offic�ials
of the city. Because the greement includes an indemnification provision. it
� requires approval by the City Council prior to execution. In the interest of
'�' time. I have initiated pro edures to have the City Coun�il approve the agreement.
. and will forward the Council resolution, to you when it is adopted. Until then,
please have your people si n the agreement, pending City Couneil action.
In reviewing the conditions of the agreement� I felt some clarifications were
necessary to identify your intentions about them, After conferring with - . �
_ . . Mr, Craig Pearson in your department, I drafted the attached Points of Clarification .
� to s�everal items. The Points of Clarification are referred to in the text of .
.. � . the ag'reement by asterisks I included, and reflect the City's interpretation of
the, items in question. The City's agreement depends on a mutal understanding of
these points as well.
I appreciate your willingne s to act as an intermediary between the City and the
Milwaukee Road. I 'm unsure about your future organization as �he Soo Line's
takeover of the Milwaukee R ad evolves. Therefore, we are assuming that your
willingness to participate at this point will carry over when fhe Soo Line
�eventually takes title to t e wall in question. , '
I 'm pleased to be able to w rk with you and the Soo Line on this most important
effort. I assure you that he final product will be one in which the city
and the Soo—Milwaukee will ake great pride.
Please let me know if there is anything I can do to expedite this process. As
soon as the agreement is ex cuted, I will notify you when we wou7d 7ike to start.
I am` looking forward to hea ing fror� you.
$in re y ,
�
ichard J, Wiederhorn
Senior Planner
cc: James Hart �
e--�v��.a�vNV `v/�' f
� Soo Line Raiiroad Comp ny s� ���e B���d��9 �!�=�-2.�
� , , Box 530 �
GAirneapolis, Minnesota 55440
August 8, 1985 �6�2)34�-82��
Engr. file • Milw. R ad ' ENGINEERING DEPARTMENT
� Mr. R. J. Wiederhorn
Senior Planner
City of St. Paul
Dept. of Planning an Economic Development •
' 25 West 4th Street
St. Paul, MN 55102
Dear Mr. Wiederhorn:
RE: REQUEST TO TTACH TIMBER MURAL TO -
RAILROAD 0 ED RETAINING WALL.
SHEPARD RO
ST. PAUL, INNESOTA
The Milwaukee Road, I c. a Minnesota Corporation hereinafter called
"Railroad Company" will permit the City of St. Paul, Adinnesota
hereinafter called "C' ty" to attach a 248' long by 18' high timber mural
' to the Railroad Compa y owned concrete retaining wa11, an� apply
� — � backgro�c� paint to t e face of said wall, said wall being located along
, � Shepard Road between ackson and Sibley streets in St. Paul, Minnesota
� subject to the following conditions:
' 1. The location f the above retaining wall is shawn in red on the
attached prin marked Exhibit "A".
- ' 2. The design an method of attachment shall be in accordance with
plan hereto a tached and marked Exhibit "B".
3. The City at i s sole cost, shall furnish all �xecessary materials,
labor and sup rvision, and perform all work that may be required
in connection with this project, including future maintenance and
repair and re ewal of said mural.
� � 4. The City will secure, at its cost, any permits or license
: . required by S ate or Local Codes. .
5. As shown in E hibit "B", no part of the mural may be extended
above the bot om of the concrete projection located near the top
of th.e retain ng wall to which Railroad Company signal and
- communication wires are presently attached.
,� � ��'.S'/�3�
6. During instal ation of the mural, the City shall, at it sole
cost, provide temporary protection of Railroad Company signal and
communication wires that are attached to said retaining wall.
The method of protection is to be approved by the Railroad �
Company' s Gen ral Manager - Engine�ring or his authorized
�' representativ .
7. The City will keep the mural in a safe condition subject to
paragraph 4�3 bove.
# 8. If at any tim the Railroad Company desires to inspect or repair
any portion o the retaining wall covered by said mural, the City '
upon request f the Railroad Company shall remove that portion of
the mural nec ssary for the Railroad Company to complete its
' work. Remova and replacement �� th�e inural or any portion
thereof shall be done by the City at its sole cost.
�
# 9. The Railroad ompany shall not be held responsible for any '
reason, direc ly or indirectly, for damage occurring to said
. mural, regard ess of the Railroad Company's negligence.
,.�..._=.- ._--. �
� �' 10. The City will fully indemnify the Railroad Company and its agents �
the Soo Line orporation ahd its agents and the Soo Line Railroad
� Company and i s agents against any and all loss, damage, •
liability, cl ims, suits, judgments, costs and expense, in any
manner arisin , (a) from injuries sustained by any of its �
employees, ag nts or invitees, including death at any time � �
� � � ' . • resulting the efrom, while engaged in or about any of the above ' �
w � described act'vities or any operation necessary, incident or
� appurtenant t ereto, whether liability for such injuries or death
' be imposed un er any so-called Worlanan� s Compensation Law, or
State of Fede al Statute or the Common Law, and (b) from injury
� to or death o any other person and damage to property whatsoever
arising from, or growing out of, any act or omission of the City
or any of its employees, agents and invitees in the exercise of
� the permissio herein granted.
. 11. Materials and quipment shall not be placed or stored where they •
will interfere with railroad operations or on the property of the
Railroad witho t prior permission from the Railroad Company.
Such permissio will be with the understanding that the Railroad
� # See attached points of clarification
(2)
. . . ��'�i�3�
Company will not be liable for loss of or damage to such -
materials an equipmen[ from any cause and that the Railroad may
move, or req ire the City to move at its expense, such material
and equipmen .
, # 12. Any flagging protection or watchmen service required by the Rail-
road Company for the safety of railroad operations because of
work being p rformed by the City, or incidentals thereto, will be
provided by he Railroad Company. The cost thereof shall be
reimbursed b the City to the Railroad Company.
# 13. Any cost inc rred by the Railroad for repairing damage to tracks, �
including di turbance of their alignment and surface,
interlocking or other facilities which it maintains, caused by or
resulting fr m the operations of the City, shall be paid by the.
City to the ailroad Company.
14. No work on t is project may begin until this agreement is fully
executed and the City is advised accordingly.
_�r _- 15. ....Th,e City sha 1 give the Railroad Company's General Manager -
Engineering t least three days written notice prior to beginning
� above work, nd again after above work has been completed.
• 16. This agreeme t shall remain in effect until said mural is removed
permanently rom said retaining wall.
. 17. Upon permane t removal of the mural, the City, at its cost, shall
fill all hol s in the retaining wall to the satisfaction of the
Railroad Company, and remove all evidence of the mural and any
paint or oth r substance placed on the wall.
18. Permission he ein granted is with the understanding that there
will be no i erference with the operations of the Railroad
- Company' s tra'ns or equipment and that no other work is to be
' . done other th n prescribed abovee
� This letter, which is written in duplicate, shall constitute a contract �
when the City and the Vice President - Operations of the Railroad have
endorsed their accept nce� thereon.
# See attached points of,clarification
. (3)
. . �- �3=�a��
If the above is acceptable to the City, please arrange for signature on
both copies in the sp ce provided and return them to this office for
further handling. We ill return one copy �of the agreement to the City
after it has been fully executed.
Very uly yours ��
. .7
��
G. A. Nilsen
General Manager - Engi eering �
' CEP/jel j` '.�
/ ` �:.. `�
, ' �
Accepted cTGO ZZ � }�JS�� Accepted 1985
.�,�-z=-- _—. ,
� CITY OF ST. PAUL • THE MILWAUKEE ROAD, INC.
- By By
C. C. Leary
� � , r �" • Vice President - Operations �
� i c o ., D r men o P1 anni ng
� � � & cono ' Develop ent
� • ' a�°-:�.,;,_�::
as ro fo�M �
' uw a'�MT,i�r-
. `�Cc--�� c�'r'`��'�..��
. Di�rec�• r, Department f Finance
& Management Services •
. �: . .
;� , : •�:v' ��:
_. ..___,_ �_____
���-� °T����r�E»
Ci,� � �>> t � ,
.l
�
(4)
�� +`��,tr o, ' CITY OF SAINT PAUL
4 , DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
� �„'�i'���' � DIVISION OF DOWNTOWN DEVELOPMENT
s 25 West Fourth Sueei,Saint Paui,Minnesota 55102
� ^ 672-292-1577
,...
GEORGE UTIMER � ���� /���
MAYOR
Points of Clarification to Agreement between the City of Saint Paui. Minnesota
("City") and the Milwaukee Road� Inc. ("Railroad Company") to attach a timber
mural to a railroad compan -owned retaining wall in Saint Paul, t�linnesota,
I�tem #8: The City expects that it will have an opportunity to review and
discuss the reas ns and logistical arrangements for requests by
the railroad com any to remove portions of the mural .
Item #9: The City does no feel it should condone negligence on the part of
the railroad com any. In agreeing that railroad operations are not
to be affected b placement of the mural, (item #18), the city -
shall not hold t e railroad company responsible for any damage
resulting from n rmal railroad activity, including an occasional
"accident" or fr actions beyond the control of the raiiroad
company. It should not, however� apply to damage resulting from
willful or negli ent actions by the railroa�l. �
Item #10: The City understands that its responsibility to indemnify the
railroad company and its agents from injury claims as described
� -
in ,�b.paragraph (a) of this paragraph applies .,only to railroad
company and agent employees/agents/invitees called on by the railroad
- � to perform special services re�uired to maintain the safe and
continuous operation of the railroad as a result of installing
• the mural. Speci ically, it would apply to the flagmen, watchmen,
� . repairmen� referr d to in paragraphs 12 & 13 of the agreement,
_ but not to railro d employees engaged in their normal responsibilities
' for the railroad ompany. '
Items
#12 & 13: The City expects hat it will have the opportunity to review and discuss
the reasons and a visability of dispatch of railroad personnel to �
perform extraordi ary services resulting from operations of the city
before agreeing t reimburse the railroad company for its costs
- associated with p ovision of the extraordinary services.
L.r I . N
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FILED
� DEPARTMENTOFPLANNINGANDECONOMICDEVELOPMENT
t"°P '.'�"� � CITY OF SAINT PAUL CITY HALL ANNEX
�� i� � _'; I}� � 25 WEST FOURTH STREET SAINT PAUL.MINNESOTA,55102
T ELE PHON E:612-292-1577
C!T'r �"
i _ ,
October 10, 1985
Mr. G. A. Nilsen, General Manager
Engineering Department
Soo Line Railroad Co.
Soo Line Bldg.
Box 530
Minneapolis. Minnesota 5 440
Dear Mr. Nilsen:
I 've received your Septem er 30, 1985 letter, in which you request that Saint
Paul City Council Resolution #85-1236 be changed to reflect an August 8, 1985
date for the agreement be ween the City of Saint Paul and the Soo Line to
place a timber mural on r ilroad property in Saint Paul .
Throughout our exchange o correspondence over this issue, I have expressed
our willingness to do what has to be done to secure this agreement, and have
requested that the whole thing be done as expediously as possible. Because a
City Council resolution can only be changed by the City Council, and because
the railroad's latest requ st is a minor one that will take an extraordinary
amount of time to be recon idered by the City Council, I would prefer to clarify
for the record in this let er that the City Council 's resolution which .identifies
an a reement dated Au ust 2, 1985 refers to the same a reement which the railroad
considers to be dated Au u t , 19 5.
When you drafted the agree ent and put the August 8 date on the draft, you asked
the City to sign and date he City's acceptance of the draft. This was done
on August 22, and the acce tance signatures reflect that date. The City Council,
in approving that agreemen , considered the document to be agreed upon by the
City on the 22nd.
One could argue that there are actually 4 milestone dates of relevance to
City acceptance of this do ument:
1 . August 8, the dat of the draft
2. August 22, the da e of City signature
3. September 12,' the date of required City Council approval of the agreement
4. The date the agre ment is signed by the railroad, therefore being
executed and bind n on the City.
.
� �- �y-��3�
° October 10, 1985
�. G Nilsen, Genera Manager
ge
Whatever date you choose to be of significance to the railroad, the document
in question is the same, and has been accepted by the City. I trust this
clarifies the questions ou have about the dates of the agreement.
Again, I am requesting t at you expedite the execution of the agreement.
Our eagerness to begin t e project only increases as the weather gets colder.
Thank you.
Sincerely,
.
ichard J. Wiederhorn
Senior Planner
RJW:dms
cc: Jim Hart, City Attor ey
A1 Olson, City C7erk
. � � ��-��3�
- �Soo Line Railroad Co pany Soo Line Building
, , Box 530
Minneapolis,Minnesota 55440
(612) 347-821�
ENGINEERING DEPARTMENT
September 30, 1985
Engr. File: Milw R ad
Mr. R. J. Wiederhor
Senior Planner
City of St. Paul
Dept. of Planning & Economic Development
25 West 4th Street
St. Paul, MN 5510
Dear Mr. Wiederhorn:
RE: REQUEST T ATTACH TIMBER MURAL TO
RAILROAD WNED RETAINING WALL
SHEPARD R AD
ST. PAUL, MINNESOTA
Reference is made t your letter d ated September 18, 1985 transmitting 2
copies of the propo ed agreement covering the above and a copy of City
Resolution �685-1236.
We are returning fo correction the resolution, which shows the date of
the agreement to be August 22, 1985. As the actual agreement date is
August 8, 1985, we equest that the last paragraph be corrected to show
the August 8, 1985 ate. .
After the corrected resolution is returned to this office, we will handle
further for final e ecution of the agreement by the Railroad.
Yo v ey truly,
. A. Nilsen
General Manager En ineering
1��' �6
CEP/dd j �
Attachment
PED - Ri~verfront Office DEPARTMENT �/"�`��3�0 1 04
.
Rick. Wiederhorn CONTACT
7494 ext. 246 PHONE
Au ust 22, 1985 DATE �e�� e�
ASSI NUN�ER FOR ROUTING ORDER li All Locations for Si nature :
Department Director Director of Management/Mayor
Finance and Management Servi s Director � City Clerk �
Budget Director 5 Citv Council
City Attorney
WHAT WILL BE ACHIEUED BY TAKING CTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
This is a City Council Resoluti n authorizing the City's participation in an agreement
with the Milwaukee Road railroa to install the�infamous timber mural on railroad `��l�
property. It includes an indem�ification provision which must be approved by the
Council under Chapter 10 of the City Char.ter. The project has been approved and
funded by the Riverfront Commis ion and City Council. RECEIVED
COST/BENEFIT, BUDGETARY AND PERS NEL IMPACTS ANTICIPATED: ������ A�� 2 3 19�5
��
Hopefully nothing extraordinar . The agreement does lay out city responsibilitiCe�i� A�ORNEY
in the event�e,�unanticipated o curences which may require budgetary and personnel
impacts. CC�`i�,;��
A U�� ` i985
�;'���r�':� �jr`�-���
FINANCING SOURCE AND BUDGET ACTI ITY NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of Transaction; quired if under
$10,00Q)
Funding Source:
Activity Number:
ATTACHMENTS List and Number All ttachments :
1 . Resolutionto be signed wher indicated.
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
Yes No Council Resolution Required? Resolution Required? �Yes No
Yes No Insurance Required. Insurance Sufficient? �Yes No
Yes No Insurance Attached: '
(SEE RE ERSE SIDE FOR INSTRUCTIONS)
Revised 12/84
HOW TO USE THE GREEN SHEET '
,
The GREEN SHEET has several PURPOSES:
1. to assist in routing documents and in securing required signatures
2. to brief the reviewers of documents on the impacts of approval
3. to help ensure that necessary supporting materials are prepared, and, if
� required, attached.
Providing complete information under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain
the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners or other groups affected by the action) . The personnel impact
is a description of change or shift of Full-Time Equivalent (FTE) positions.
If a CONTRACT amount is less than $10,000, the Mayor's signature is not required,
if the department director signs. A contract must always be first siqned by the
outside agency before routing through City offices.
. Below is the preferred ROUTING for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists)
1. Outside Agency 4. Mayor
2. Initiating Department 5. Finance Director
3. City Attorney 6. Finance Accounting -
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager 1. Initiating Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Management/Mayor
4. Budget Director 4. City Clerk
5. City Clerk
6. Chief Accountant, F&MS
COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)
1. Department Director 1. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Manaqement/Mayor
4. Director of Management/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless signing
such a letter is one of the requested actions) .
Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of
Insurance should be one of the attachments at time of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental unit.
2. Collective bargaining contracts.
3. Purchase, sale or lease of land.
4. Issuance of bonds by City.
5. Eminent domain.
6. Assumption of liability by City, or granting by City of indemnification.
7. Agreements with State or Federal Government under which they are providing
funding.
8. Budget amendments.