272108 WHITE - C�TV CLERK / � 'F� ��lj1 (�,�(
PINK -�INANGE COUflCIl �j 1(�,�_��(1
CANARV - DEPARTMENT G I TY OF SA I NT PAIT L - ' ��
BLUE - MAVOR File NO.
� ouncil Resolution
Presented By I t
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Donald E. Cadwell, the owner of property located at
420 Ohio Street, has requested that the City contribute to his
costs in repairing the retaining wall on his property at 420 Ohio
Street on the grounds that the City' s reconstruction of Ohio Street
about 1967 removed the support from his wall and contributed to
the failure of the wall; and
WHEREAS, The Public Works Department ha� obtained an analysis
by Twin City Testing Company concerning the eauses of the retaining
wall' s failure, and in the opinion of both Twiz� City Testing and
Public Works' staff, the actions of the City did not contribute to
the wall' s collapse; and
WHEREAS, The matter was considered by the Council 'S Committee
on Public Works, and the Committee determined that doubt existed
as to the question of the Gity' s liability for the repair to the
retaining wall, and recommended that the City ``select a qualified
arbitrator, Mr. Cadwell select a qualified arbLtrator, and the
two individuals selected then select a third arbitrator, and that
this panel of three shall conduct a hearing for the purpose of
considering the facts as submitted by both Mr. Cadwell and the
City and submitting their findings to the City Council; and
WHEREAS, The panel shall hear testimony submitted by Mr.
Cadwell and the City concerning the claim by Mr. Cadwell that the
City' s negligence in reconstruc��x�g Ohio Street in approximately
1967 was a contributing factor to the eventual collapse of the
wall; and _
WHEREAS, The panel shall then submit to the City Council
for subsequent action by the Council its findings as to whether
COUNCILMEfV Requested by Department of:
Yeas Nays '
Butler
Hozza [n Favor _
Hunt
Levine _ __ Against BY
Maddox '
Showalter
Tedesco Form Approved City Attorn y
Adopted by Council: Date
Certified Passed by Council Secretary BY �'� �
By.
�#pproved by A�lavor: Date _ Approved by Mayor for Submission to Council
BY - — BY
WMITE - C�TV CLERK �F��� ���
PINK - FINANCE GITY OF� SAINT PAITL Council
CANARV -�DEPARTMENT �
BLUE - MAVOR File � NO.
- Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
or not the City was responsible for the wall' s collapse and to
what extent, if any, the City should contribute to the wall's
replacement; now, therefore, be it
RESOLVED, That the Council does hereby direct the Public
Works Department to select a competent arbitrator and to submit
to the Council for further action the findings submitted by the
panel; and, be it
FURTHER RESOLVED, That the cost of these arbitrators shall
be borne and paid by the City of 5aint Paul from Tort Liability
Fund 09070.
2.
COUNC[LMEN Requested by Department of:
Yeas Nays �
Butler [n Favor
r-�eaae�
Hunt
I.evine _ � __ Against BY —
Maddox
�r
TedesCO N�v 2 ,4 �9� Form Approved by ty Attorney
Adopted by Council: Date
Certifie ; -e by Counc� , cr BY �� �
B�
App d by (Vlavor: __�'�•o � Approved by Ma�or for Submission to Council
By – — BY
�Bt�SH� DEC 9 1978