270960 .TE - CITY CLERK �7��y��
.NK - FINANCE G I TY OF SA I NT 1,A l.J L COUIICII �
.:ANARV - DEPARTMENT
BLUE - M,4YOR File NO.
, "' ouncil Resolution
Presented By f
Referred To Committee: Date
Out of Committee By Date
Whereas, Kenneth Carel and Andrew Shantos are truck drivers employed by
the City of Saint Paul and assigned to the Division of Parks and Recreation,
Department of Community Services, and
Whereas, Messrs. Carel and Shantos were engaged in hauling Dutch elm
diseased logs and debris for the City of March 10, 1978, and were issued
traffic violations by the Minnesota Highway Patrol for overloading the
tandem (rear) axle in violation of Minnesota Statute 169.832, and
Whereas, both men have now been assessed fines by the Dakota County
Municipal Court in the amount of $55.U0 each because of sa�°d violations, and
Whereas, both trucks were under gross weight,but State traffic laws
require a distribution of loads so as not to burden any particular axle of
an operating dump truck, and
Whereas, it is very difficult to accurately estimate the weight of the
wood material being loaded on the truck to make sure it is evenly distributed
so as to not violate weight restrictio�s for each axle, and
Whereas, the Division of Parks and Recreation supervising Messrs. Shantos
and Carel have desired that Dutch elm diseased logs ar�d -debris loaded in
dump trucks have an uneven but lawful distribution of the total load by
accentuating weight in the tandem (rear) axle, so that as the box of the
dump truck is raised the weighted portion of the load is disburs�d first
thus providing the men and trucks with a safety precaution to protect their
lives and City property, and
Whereas, a dump truck that has a disproportionate share of its load in
the portion over the hydraulic lift creates a safety hazard because as the
box is raised the danger of tipping occurs and,
COUNCILMEN
Yeas Nays Requested by Department of:
B„tler Corr�nuni ty Servi ces
Hozza [n Favor
Hunt
Levine __ Against BY
Roedler
Sylvester
Tedesco
Form Approved by City Attomey
Adopted hy Council: Date
Certified Passed b}�• Council Secretary BY
By —
Approved by Mayor: Date _ Approved by Mayor for Submission to Council
By _ By
WH17E — C�TV CLERK ('��.�y(��' /'� (�
PINK — FINANCE GITY OF SAINT 1 AUL COl1RC11 �j' /�§ ��■ � a
CANARY — DEPARTMENT /� e � A�'"��" )
e�ue - n,ravoR File NO. • g -' L•
r
���` � � Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Whereas, the Council believes, based on the foregoing recitals, that
there was no negligence or willful and wanton neglect of duty by Messrs.
Carel and Shantos in the performance of their duty, now therefore be it
Resolved, that the Council finds that the reimbursement to Messrs. Carel
and Shantos is fitting and proper in order to uphold the morale of the
Department of Comnunity Services, that the facts of the case warrants such
action and that the community is served by the good faith attempt of Messrs.
� Carel and Shantos to protect themselves and City property in the performance
of their jobs as stated in the recitals, and is an expenditure of public
funds for a public prupose; and be it
Further Resolved, that the particular merits of this Council Action are
founded in justice and equity.
Funding Code: 33121 �
APPROVED AS TO FUNDING:
��—�-�
Director, Fin n & Mgmt. S �yic�
1��
COU[VCILMEIV
Yeas Nay�s uested by Department of:
Butter � mmunit Services
-.�,. In Favor
Hunt J
Levine __ Against BY
Roedler
Sylvester
Tedesco
Adopted by ci : Date _�PR �'� ���� Form Approved by City At!orney
Certi � _d Pa�� b �1 Sec�r�eta y BY
g„
� �� i ' Appr e by Mayor for Sub i to Council
Appro y Mayor: Dat —
gy By
PUBLISHED APR 3 n �g�$
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� . ' � . . _ - :, . April 25,� 1978.. • . .
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, . Mr. Thomas Relley, Director '. . . .: �._ . � � _
� , ` Dept. �of Cor.miunitq Services 1 . � - , . .
� Room 545, Citq Hall - + , �
. • St. Paul, Minnesota - , - �
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- ATTENTION: Mr. Piram .: � < , . ' ; ; , _
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Dear Sir: � . , .. '
, At today's City Council ?�ieeting a reso].ution was adopted approving reinburser�ent
� to city truck drivers for finea paid in Dal:ota County for traffic vioZations.
Aft.er adoption of the resolution Councilman Levine proposed a rsotfon, that was `
adopted requesting you to research similar past incidents with agreement that
• � the city woul�' do the same for others �ho have had similar siteiations in the
past. , , � .
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. Very truly yours, , %
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' ' . Rose Mix •
. ', . City Clerk . � . ' .
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