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275313 CITV CLERK COUflCll ! /��)�� PI FINANCE G I TY O F SA I NT PA lJ L CANARV - E?ARTMENT �M• vv BLUE - MAVOR � Flle NO. . . 1�e�Q�� Counci � - o��i r Presented By Referred To mittee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORATION, AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE THE FOLLOWING OVER- HEAD PEDESTRIAN PASSAGEWAYS OVER PUBLIC STREETS WITHIN THE CORPORATE IIMITS OF THE CITY OF SAINT PAUL; AND 1) ACROSS JACKSON STREET BETWEEN THE INTERSECTION THERE- WITH OF EAST SEVENTH PLACE AND EAST SIXTH STREET, SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE MINNESOTA MUTUAL LIFE (MML) BUILDING ON THE WEST SIDE OF JACKSON STREET TO THE MEARS PARK APARTMENT BUILDING ON THE EAST SIDE OF JACKSON STREET. 2) ACROSS ROBERT STREET BETWEEN THE INTERSECTION THEREWITH OF EAST SEVENTH PLACE AND EAST SIXTH STREET, SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM TWIN CITY FEDERAL (TCF) ON THE WEST SIDE OF ROBERT STREET TO THE MINNESOTA MUTUAL LIFE (MML) BUILDING ON THE EAST SIDE OF ROBERT STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That permission and authority hereby are granted to the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota corpo�ation and/or its successors in interest to construct, maintain and operate the following overhead pedestrian passageways over public streets within the corporate limits of the City of Saint Paul ; and COUNCILMEN Yeas � Nay�s . Requested by Department of: [n Favor __ Against BY — Form Approved y ttor Adopted by Council: Date j i - Certified Passed by Council Secretary �Y ' s By � `�` 1 j r Approved by 17ayoc Date _ Ap ro d b ,ay�r f u ''sio o Council By Y ' , � ��Cp . , � � -2- �� 1) across Jackson Street between the intersection therewith of East Seventh Place and East Sixth Street, said overhead pedestrian passageway to be extended from the Minnesota Mutual Life (MML) Building on the west side of Jackson Street to the Mears Park Apartment Building on the east side of Jackson Street. 2) across Robert Street between the intersection therewith of East Seventh Place and East Sixth Street, said overhead pedestrian passageway to be extended from Twin City Federal (TCF) on the west side of Robert Street to the Minnesota Mutual Life (MML) Building on the east side of Robert Street. Section 2. That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, for the construction , maintenance, and oper- ation of said overhead pedestrian passageways according to the plans and specifications approved by the Department of Public Works and at the sep- arate cost and expense of said permittee, upon said permittee's compliance with the following conditions. a. That said permittee and/or its successors in interest shall , at its own cost and expense and in accordance with all applicable ordinances of the City of Saint Paul , statutes of the State of Minnesota and regula- tions of public authority having cognizance, construct, maintain and operate said overhead pedestr�an passage- way hereunder; b. That said permittee shall pay the costs for the publi- cation of this Ordinance; c. That said permittee shall pay the costs of administra- tion, engineering and inspection incurred by the Depart- ment of Public Works due to this undertaking. Said costs are estimated to be a sum of One Thousand Dollars ($1 ,000.00) for each overhead pedestrian passageway noted above and shail be accounted for under a separate Department of Public Works project number(s) ; d. That said permittee shall furnish the Department of Public Works all documents of record for each over- head pedestrian passageway that are a part of the contract or incidental to its execution including, but not limited to, addendums, award of contract, contract amount, "as built" plans, tracings and trac- ings of shop plans; . � ��C�=�� . . , -3- ��,�4 � e. That said permittee shall construct each overhead pedestrian passageway to the satisfaction of the Director of the Department of Public Works in accordance with approved plans and specifications of the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, said plans and speci- fications on file in the Department of Public Works. Such construction shall be made in strict compliance with the American Association of State Highway and Transportation Officials (AASHTO) Specifications, as amended, and the Uniform Building Code and be authorized under a building permit issued by the Department of Community Services, Division of Hous- ing and Buildinq Code Enforcement; f. That said permittee and/or its successors in inter- est shall fully indemnify, hold harmless and defend the City of Saint Paul , its agents, officers and em- ployees from any and all damages, ciaims, losses, judgments, suits or expenses and on account of all claims of whatever nature for injury to person(s) and/or property arising out of or connected with the construction, erection, maintenance, operation and/ or removal of each overhead pedestrian passageway hereu�der; and that supplemental to all other obli- gations on their part, jointly and/or severally, hereunder, said permittee and/or its successors in interest shall furnish and maintain and pay all premiums and other expenses therefor, Casualty In- surance Coverage with a duly licensed Casualty In- surance Company to the extent of $500,000.00 for injury to any pe;rson and/or persons in any single incident and to the extent of $200,000.00 for damage to property in any single accident, insuring the City of Saint Paul against liability on account of all claims of third persons for injury to person(s) and/or property arising from or connected with the construction, erection, maintenance, operation and/ or removal of each structure hereunder, at atl times, and to furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Services of the City of Saint Paul ; that such minimums shall be subject to increase by action of the City Council in the event statutory municipal liability limits are altered in any way hereafter; . , . )C�(��(�, . � ��.� - 4 - g. That said permittee shall not p roceed with ca�struction unless and untPl said permittee shall have fully complied with the provisions regarding insurance and indemntfica- tion contatned `Pn the City of Seint Paul , Department of Public Works "Standard SupplementaY 'Spetificattons For Highway Construction'' datett July 10, 1979, Section No. 1308.2. For the purpose of this Ordinance the aforesaid Section of said `Specifications shali be read as though the word "permittee" was substituted for the word `"ton- tractor" wherever the same appears therein. Section 1305.2 of the Department of Pubtic Wor[cs , City of Saint Paul , "Standard Supptemental Specifications For Highway Construction" dated July 10, 1979 is hereby incorporat�d herein by �eference as fully and as completely as if set forth herein verbatim; h. That said pe rmittee anc�6r its successors in interest, shall among other thtngs� at their own cost and expense maKe adequate and effective provisions therefor and drain all motsture, rain, and snow which shall accumu- late thereon by proper devices through each overhead pedestrian passageway and in a manner so that the flow- ing and/pr spilling of same on any part of Robert or Jack- son Streets sF�all be prevented at all t�mes. Said permit- tee and/'or its successo�s in interest shall ma��ntain and operate each overhead pedestrian passageway at its sole cost and expense in a safe candition for pedestrian tra- vel . Such maintenance to include, but shall not be lim- ited to, glass , floor, metal trim and hardware cleaning, polishing and replacement; roof maintenance; repainting; ltght bulb replacement and 11ght fixture cleaning; and the supply of heated and cooted air within said bridge to maintain temperatures comparabte to that normally maintained within heated and atr-conditioned office ; spaces, except as may be altered by energy conservation guidelines ; � i. That said permittee and/or tts �uccessors in interest shall , at all times � construct and maPntain all the sup- ports of each overhead pedestrian passageway entirely wlthtn the lines of the subject private reat estate and entirely without public street rights-of-way, except that an the east side of Jackson Street� � adJacent the Mears Park Apartment Building, a s3ngle column pPer support may extend a maxicnum of one (1) foot into the street right-of- way; j. That said permittee shall notify the Traffic Bureau of the Department of Public Works if the construction or mainten- ance of each overhead pedestrian passageway shall make nec- essary the closing of Roi�ert and Jaekson Str+e+�ts ar any part thereof. All expertee3 incurred by th� Ttraffic Bureau tn furntshing, instalitng or removing barrica+d�s , sig�s and other control devices shai� be paid by the •permittee; ' . � �� . -5 �� k. That said permittee and/or its successors in interest shall not use any part of either overhead pedest�ian passageway for any advertisement or display purposes, without the written consent of the City of Saint Paul and the application thereto of any advertising mater- ial or display shall be deemed prohibited by this Ordinance. 1 . That said permittee and/or its successors in interest shall , at all pe�tinent times, in the construction, maintenance and operation of each overhead pedestrian passageway hereunder, provide a minimum vertical clear- ance of at least 17 feet 4 inches between and through- out the course of the bottom of each structure and the surface of said Robert/Jackson Streets except as may be altered by the City's future street work in each case; m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paui Legislative Code as amended pertaining to street obstruction; n. That said permittee and/or its successors in interest shall complete the construction and erection of each ' overhead pedestrian passageway by not later than one (1) year after commencerr�nt of construction. Said commencement shall be evidenced by Public Works' re- ceipt of a written notification thereof, and shall be dated therein, as further provided for under paragraph (o) below; o. That said permittee shall notify the City Bridge Engineer of the Department of Public Works before and when con- struction starts and notify the same said Bridge Engineer when construction has been completed to allow for a final inspection of each overhead pedestrian passageway; p. That said overhead pedestrian passageway shall be removed by and at the sole cost and expense of said permittee and/or its successors in interest whenever the Council of the City of Saint Paul shall by Resolution determine such removai necessary in the public interest and accord- ingly order the removal of either structure from said location; q. That said permittee shall , within a period of twenty (20) days after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordinance and agreement to be bound by alt the provisions, terms and conditions thereof without limitation which written instrument of acceptance and agreement shall be in the form approved by the City Attorney; . �`�`�� . � ,. . -6- �� r. That upon the execution of an agreement by and between the City of Saint Paul , the Housing and Redevelopment Authority of the City of Saint Paui , Minnesota and the applicable building/property owners respecting the afore- said pedestrian passageways the permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota shali be relieved of any further obligation under the terms of this Ordinance, and the successors in interest of the permittee, the applicable building/ property owners shall assume such obligations including responsibility for paying insurance premiums of said overhead pedestrian passageway connecting their build- ings and responsibility for providing the maintenance, repair and operation of the same; s. That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to its successors in interest, said permit- tee's successors in interest shall furnish and deliver unto the City of Saint Paul a Surety Bond in the amount of One Hundred Thousand Dollars ($100,000.00) for each overhead pedestrian passageway (bridge) , made and exe- cuted by said permittee's successors in interest as Principal and a Corporate Surety Company duly author- ized to transact business in the State of Minnesota as surety to and in favor of the City of Saint Paul as obligee, conditioned upon the permittee's successors in interest complying with the terms and conditions of this Ordinance and also conditioned that, in the event the permittee's successors in interest fail to maintain, operate or �epair each overhead pedestrian passageway to a reasonable standard of safety, or fail to remove either overhead pedestrian passageway upon order by the Council , the City of Saint Paul may undertake the main- tenance, operation, repair or removal thereof and may recover its reasonable cost incurred thereby from said Surety, which Surety Bond shall remain in full force and effect as long as each overhead pedestrian passage- way or any part thereof remains in that portion of public right-of-way as shown on the plans on file with the De- partment of Public Works. The Surety Bond shall be in such form as shall be approved by the City Attorney and shall have such surety as shall be approved by the Director of Finance and Management Services; , M�F{+TE - CITV CLERK � �� PINK � FINANCE COUIICSI CANARV -bEPARTMENT GITY OF SAINT PALTL File NO. � BLUE - MAYOR � � � �� COZl12CZ �' aRnn�� Presented By Referred To Committee: Date Out of Committee By Date t. That said permittee and/or its successors in interest shall submit proposed plans and specifications to the Department 'of Public Works for review and approval of any intended structura1 repairs or major maintenance work on each bridge, before any such work is carried out. Upon completion of such structurat repairs approved by the Department of Public Works, permanent reproducible tracings shall be furnished the Department showing the work done and marked with any "as built" changes as well as reproducibte shop drawing tracings of the same; u. �That the successors in interest to the permittee in each instance shall submit the necessary insurance documents to the Office Engineer of the Department of Pu blic Works. The Office fngineer in turn shall submit said documents to the City Attorney of the City of Saint Paut for re- view and, if said insurance is sufficient, said docu- ments shall be filed with the Director of Finance and Management Services of the City of Saint Paul ; Section 3. ,Tfiat this Ordinance shall take effect and be in force thirty (30� days from and after its passage, appraval and publication. COUNC[LMEN Requested by Department of: Yeas �u�t Nays � l.evine In Favor Publ ic Works � ��McMahon r � __ A gainst BY Showalter 'teaesco Donald E. Nyga - Di rector Wiison �� 7 �ggp Form Approved b ity tt rne TJE/R�d� � Adopted by Council: Date Certified •ssed by Coun l S tar BY f B}' p r ,r Approv y : vor: Date ��oo A ed by Ma�ior bmission to Council BY — — AUG 1 6 1980 pI T�i.ISH�:D__.._---------- �� 3 /...� ' ��tT* �. CITY OF SAINT PAUL �`0 '' DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT . � 0 � iii�i i ii � '��o ^° DIVISION OF RENEWAL '°°• �t'�=� 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-5338 MAYOR `" • �' _ 4 : , December 5, 1980 Ms. Rose Mix City Clerk 386 City Hall St. Paul , P�N 55102 Re: Council File No. 275313 Ordinance No. 16686 Skyway Bridges from new Minnesota Mutual Life (MML) Bldg. Block C District 17 Dear Ms. Mix: Per my letter of 10/3/80, p1ease find enclosed a copy of the HRA Board Report and HRA Resolution #80-10/22-7, accepting the above ordinance terms and conditions. Also enclosed for your information is an excerpted copy of HRA Board action taken at their 10/22/80 meeting respecting the above. Together this constitutes formal HRA acceptance of the above ordinance terms and conditions. Sincerely, /'�.._J Q�2%O'� �'I ` r'` _.. Darold McMahan Project Engineer DMM:pf cc: Route (WGP:SLK) :R. Ha11 :J, Be11us:P. Byrne:Fi1e Attach. 55 �iUUSING ANU REDEVELUNMFNT AUTHOHI fY UF I Flf (;I 1 Y UF ;nIN I I'l1UL, MINNESOTA �_______ — REPORT TO THE COMMISSIONERS DATE OCTOBER 3, 1980 REGARDING: ACCEPTANCE OF CITY OFtDINANCE No. 166£36 On 8/7/£3U, City Council adopted ordinance #16686 (Council File No. 275313) permitting constructior� of two skyway pedestrian bridges, one each over Robert and Jackson Streets, linkir►y the new Minnesota Mutual Life Building under construction on Block "C" With � Twin City Federal on the west and Mears Park Place on the east. See Exhibit "A" attached. . Staff has reviewed all terms and conditions of the ordinance and find them acceptable as stated. Formal acceptance of these terms and conditions is to be filed of record with the City Clerk. Staff, therefore, recommends adoption of the attached HRA resolution as formal acceptance of the above ordinance terms and conditions. W. G. Pearson D. M. McMahan � ��4969 , 10/22/80 . would create 20 to 30 new employment opportunities. He said staff recommended adoption of the proposed resolution and approval of a preliminary agreement. The Chairman opened the public hearing regarding the issuance of $600,000 in tax exempt revenue note or bonds for the Town Crier Project, stated that the notice of the hearing had been published in the St. Paul Dispatch & Pioneer Press and in the Legal Ledger on September 26, 1980. There was no one present in opnosition and the public hearing was closed. Commissioner Tedesco moved approval of R.ESOLUTION N0. 80-10/22-5 (page 14977 of these minutes) authorizing the preliminary agreement. In reply to a question by Conunissioner Levine, the developer, Richard Magnuson, said.that he and his partners would own the real estate and the restaurant would be operated by Robert Fiurd who operated several Town Crier Restaurants. Vote: Yeas - 7 Nays - 0 C. AUTHORIZATION OF PUBLIC HEpRING FOR ISSUANCE OF REVENUE NOTE OR BONDS FOR SUNRAY WEST SPORTS SPA PROJECT, DISTRICT 4 The Executive Director said staff recommended adoption of RESOLUTION N0. 80-10/22-6 (page 14986 of these minutes) authorizing a public hearing regarding the issuance of $1 million in tax exempt revenue note or bonds for this pro�ect. a facility including racquetball courts and a nursery to ba built on presently vacant land at English and Wilson. Commissioner Hunt moved to adopt the above resolution establishing the date of the public hearing on November 19, 1980. Vote: Yeas - 7 Nays - 0 Commissioner Levine said he would like to see more information on the develnper requesting tax exempt financing, Commissioner McAtahon said that before setting the public hearing the Commissioners should have the names of principals in the corporation, and the Chairman asked staff to furnish names and addresses in the future. D. ACCEPTANCE OF CITY ORDINANCE PERMITTING CONSTRUCTION OF TWO SKYWAY BRIDGES (OVER ROBERT AND JACKSON STREETS) , DISTRICT 17 The Executive Director said staff had reviewed the terms and nnnditions of Ordinance 16686 permitting construction of the brfdges over Robert and Jackson streets, linking the Minnesota Mutual Life Building in Block "C" with �ain City Federal and Mears Park Place, found them acceptable and recommended adoption of RESOLUTION N0. 80-10/22-7 (page 14989 of these .minutes) . Commissioner McMahon moved adoption of the resolution. Vote: Yeas - 7 Nays - 0 E. CONSIDERATION OF PRELIMINARY APPROVAL OF A MULTIFAMILY HOUSING PROJECT AND PROGRAM AND AUTHORIZATION OF SUBMISSION OF PROGRAM TO MHFA (100 SUl�II�IT ASSOCIATES PROJECT), DISTRICT 17 The Director of Projects said the Board, as the City Council, had heard a detailed presentation on this pro�ect at the Council Meeting of October 21, 1980. He said the proposed resolution would authorize staff to prbceed to { prepare necessary documentation and return to the Board for issuance of bonds I to finance this pro�ect, and said staff recommended adoption. Commissioner � Hunt moved approval as set forth in RESOLUTION N0. 80-10/22-8 (page 14990 of these minutes) . Vote: Yeas - 7 Nays - 0 _..._,___. .._.__ .._. . _.____T..� , _._.. _ __ _ ._. .- . ____ __.._.,..._ �.- -_ . __ ...__._....,_- . ..__.____ _. _ ____.__.�„r,,,.,,�_,�._.,,,,,.�..,._. i. . I it� �.U�ui luN r�u. 1su- lu�z�- t ��l ',ULUI�IUN /11.1111(►I;1lING ACCLI'I/INI.t � i11� C1 ( YOItl)1N/INCI NU. IGGt;6 I'L1.11 `_ill�!/1fV liltll�i,1 `,, 111 ;�It1Cf I / kESUI VLU !,y Ch�� Iluus iii�� iic1 Ize�leve lu��uient Authc�ri ty uf the C1 ty of Saint Paul , h1i,i,�e��,t.,� , thaC �� i�i Auth��r�ity due� hereby accept and agree tu ut,ide l,y ,, I I �,t Lhe terni:, aiid �_uncii t iuii5 of Cuunci 1 Fi le No. 275313 bN��ny Or��lin��iic� Nu. 16bt36, �aclu�,ttcl �y thE� Counci 1 of the Clty of Shcnt Paul on A��u,� i, I�t3U, an� tti� E�xecu� ive Dir��ct.ur is her•eby authorized ar�c1 dir�cl�d to fil�, a c��,y uf this kt��u)utiun with the Clerk of the Clty uf� Saint !'�aul , Mii�i��suta. i i l�f•� �i i : j�';,':%r J � 1 � .. � �i?V: j}I [7�j: ��.. � FXPLAtvAT10r►. !?F ADMI�iSTR.ATIVE C�?DCF�S, '/ _�� , ' RESOLU"('60NS, !�PdC) G'[�INANCES �� 53�� ,�ECEIVED a�t�': ��y 8, t98o JUL 1 1 1�80 MA�CO_R'� � T0: MAYOtt GEORGE LAT�MER FR: Thomas J. Eggum, Public Works Office Engineer RE: Skyway Bridges over Robert Street and Jackson Street between East Seventh Place and East Sixth Street , � ��+ � ACTlON REQUESTED: This Ordinance would g�ant permission to the Housing and Redevelopment Authority to construct, operate and maintain skyway pedestrian bridges over RobeCt Street and Jackson Street between Seventh Piace and East Sixth Street to connect the Minnesota Mutual Life Building with Twin - City Federal and Mears Park Apartment Buiiding. F'UP,PO"E ANC, RATIONALE FOR TH!S l�CTIOPd: Ordinance No. 16656, C.F. �`274728 adopted May 1 , 1980, grants similar permission for a skyway bridge over East Eighth Street between Minnesota Street and Cedar Street. A.7Tb.CEi�,,ENTS: Ordinance . �/d i l