96-1560 Council File # �T ����
Green Sheet # ��
OLUTION
CI OF SA PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1
2 WHEREAS, Cafesjian's Carousel, owned by the City and operated by Our Fair
3 Carousel Incorporated, ceased operations as of July 31, 1996 due to lack of ridership and
4 revenue losses; and
5
6 WHEREAS, all parts of the Carousel except the horses will remain in Town Square
7 Parks until a new site is selected for the Carousel; and
8
9 WHEREAS, Our Fair Carousel Incorporated's liability insurance coverage will run out
10 as of December 15, 1996; and
11
12 WHEREAS, the Carousel will not be operated until a location is selected; and
13
14 WHEREAS, the Carousel will need liability coverage during the period it will not be
15 in operation; and
16
17 WHEREAS, Town Square Park is City property and access to the Carousel will be
18 restricted and is within the control of the City, making it appropriate for the City to assume
19 responsibility for liability;
20
21 NOW, THEREFORE, BE IT RESOLVED, that City of Saint Paul agrees to defend,
22 indemnify and hold harmless Our Fair Carousel Incorporated, the Koll Management Services,
23 Inc. and K/B Fund III for any and all damages they may be required to pay as a result of
24 suits, claims, actions, and judgements arising out of the Carousel which occur on or after
25 December 15, 1996. Said indemnification shall be only to the limits of liability set forth in
26 Minn. Stat. 466.01 et seq. and shall be effective only until July 31, 1997.
Y� Navs Absent Requested by Department of:
a e �
ostrom
arris D' ' Parks & Recreation
uerin
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e tman
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Form Approved by City Atto�ney
Adopted by Council: Date �� . `$ ��9� `�
Ado tion Certified b Council Secretar --�
P Y Y By: '� : �u,G� 1� V c �,,
By� - '� ' " Approved by Mayor for Submission to
Approved by Mayo : Date Z �� �( Council
By:
L v"�- �G gy; ��" N
�
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DEPARTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 40591
Parks and Recreation 11/25/96
CONTACT PERSON AND PHONE INITIAL/DATE INITIAUDATE
Vic Wittgenstein 266-6409 .�,�OEPARTMENT DIRECTOR r CITY COUNCIL
ASSIGN
NUMBER FO CITY ATTORNEY 4 CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DATE) FiOUTING
ORDER BUDGET DIRECTOR _FIN.&MGT.SERVICES DIR.
��MAYOR(OR ASSISTANT) _�Parks&Rec 300 CHA
TOTAL�OF SIGNATURE PAGES 4 (CLIP ALL LOCATIONS FOA SIONATUHEI
ACTION REQUESTED:
Signatures of Superintendent of Parks and Recreation, City Attorney $�(�.�I�yor, and passage of the attached City
Council Resolution which causes the City to become liable for any suites in co tion with the City owned Cafesjian's
Carousel. pEC 1� �
S OFFICE
RECOMMENDATIONS: Approve(A)or Rejeci(RI PERSONAL SERVICE CON7'RACTS MUST ANSWEA THE FOLLOWING QUESTIONS:
PLANNING COMMISSION CIVIL SERVICE COMMISSION �, Has this personlffrm ever worked under a contract for MIs department7
CIB COMMITTEE YES NO
�STAFF 2. Has this person/flrm ever been a city employeet
DISTRICT COUNCIL YES NO
3. Does thls personlfirm possess a sklll not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explein aq yas enswers on saparate sheet and ettach to green sheet.
INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Whyl:
Our Fair Carousel (OFC) operators of the Carousel has suspended operating the Carousel until a location can be found
for it. During this period OFC cannot afford to pay liability insurance since no revenue is being generated. The horses
have been placed in storage.
ADVANTAGESIF APPROVED:
The Carousel will have liability coverage and can (with the exception of the horsesl, remain in place in Town Square
Park. Access to the Carousel will be restricted so anyone on the Carousel will be trespassing, making the chances of a
liability claim slim.
.........� -
RECEIV��
DISADVANTAGES IF APPROVED: NOV O J
The possibility of a liability claim against the City exists. �'� p�'TORNEY
OFC has not had such a claim in the five years they've operated the Carousel. �� , �
0l.d�3CA ` ����t' 81'
DISADVANTAGES IF NOT APPROVED:
Lack of liability coverage on the Carousel.
u�.0 12 1996
TOTAL AMOUNT OF TRANSACTION S COSTlREVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE TOft LIBbIIIt�/ FUIICJ ACTIVITY NUMBER 09�7�
FINANCIAL INFORMATION: (EXPLAIN)
No cost to the City unless a claim is made.