Loading...
262047 WH1�'F� - CjTY CLERK ' CO1111C11 ��-J��� CA�IARY�- �EPARTMENT GITY OF SAINT PAIIL File NO. F.� t� BLUE -MAYOR � OrdI � in�nce Ordinance N�. �S �'G'J Presented By U�V� A.��dd�� Referred To Committee: 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 TWO OVERHEAD PEDESTRIAN PASSAGEWAYS, ONE EACH ACROSS MINNESOTA STREET BETWEEN THE INTERSECTION THEREWITH OF FIFTH STREE'f AND SIXTH STREET, AND ACROSS SIXTH STREET BETWEEN THE INTERSECTION THEREWITH OF MINNESOTA STREET ANO ROBERT STREET, PUBLIC STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF SAINT PAUL. SAID OVERHEAD PEDESTRIAN PASSAGEWAYS TO BE EXTENDED FROM THE TRANSAMERICA BUILDING ON THE EAST SIDE OF MINNESOTA STREET TO THE SKYWAY BUILDING ON THE WEST SIDE OF MINNESOTA STREET, AND FROM THE AMERICAN NATIONAL BANK BUILDING ON THE SOUTH SIDE OF S�IXTH STREET TO THE TWIN CITY FEDERAL BUILDING ON THE NORTH SIDE OF SIXTH STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . That pe-rmission and authority hereby are gr�nted to the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota corporation to construct, maintain and operate two overhead pedestrian passage- ways, one each across Minnesota Street between the intersection therewith of Fifth Street and Sixth Street, and across Sixth Street between the intersection therewith of Minnesota Street and Robert Street, public streets within the corporate limits of the City of Saint Paul . Said overhead pedestrian passage- ways to be extended from the Transamerica Building on the east side•of Minnesota Street to the Skyway Building on the west side of Minnesota Street, and from the American National Bank Building on the south side of Sixth Street to the Twin City Federal Building on the north side of Sixth Street. C�U,�CILMEIV Yeas @r Nays Requested by Department of: -t�rrt Pub 1 i c Works ,Konopatzki In Favor Levine Meredith A gai n s t BY ` � Roedl.er Daniel J. Dunf d, Direct DOL) Tedesco Mme.President-BnE�et �t Form Approved by C� Att rney Adopted by Council: Date Certified Passed by Council Secretary BY By � Approved by Mayor: Date Approved Mayor ubmission to Council By BY G����i_���_� � r ` - . . - . , ��� . t2) ��`�� 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 these overhead pedestrian passageways according to the plans and speci- fications approved by and on file with the Department of Public Works by and at the separate cost and expense of said permittee, upon said permittee's compliance with the following conditions: a. That said permittee and/or its successor in interest shall forthwith fur- nish and deliver unto the City of Saint Paul a Surety Bond in the amount of fifty thousand doliars ($50,000.00), for each overhead pedestrian passageway, made and executed by said permittee and/or its successor in interest as Principal, and a Corporate Surety Company duly authorized to transact business in the State of Minnesota as Surety, to and in favor of the City of Saint Paul as obligee, condi- tioned upon the permittee and/or its successor in interest complying with atl the terms and conditions of this ordinance and to indemnify, defend, and hold harmless said City of Saint Paul from all losses, liability, judgments, suits, costs, charges, damages or expenses that may accrue to persons or property of the City arising out of or growing out of the construction, presence, maintenance, operation, or removal by said permittee and/or its successor in interest of the aforementioned overhead pe- destrian passageways and also conditioned that in the event the permittee and/or its successor in interest fails to maintain, repair or replace the bridge to a reason- able standard of safety, the City of Saint Paul may undertake the maintenance, re- pair or replacement thereof and may recover its reasonable cost incurred thereby from said surety, which Surety Bonds shall remain in force and effect as long as either skyway pedestrian bridge or any part thereof remains in that portion of Minnesota Street or Sixth Street as shown on plans on file with the Department of Public Works. The Surety Bonds 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 Managernent Services; b. That said permittee and/or its successor in interest shall, at its own cost and expense and in accordance wifih all applicable ordinances of the City of Saint Paul, Statutes of the State of Minnesota and regulations of public authority having cognizance, construct, maintain, and operate said overhead pedestrian passageways he reunde r; c. That said permittee shall pay the costs for the publication of this ordi- nance; d. That said permittee shall pay the costs of administration, engineering, and inspection incurred by the Department of Pubiic Works because of this under- taking, said costs are estimated as a sum of one thousand two hundred dollars ($1 ,200.00) and shall be accounted for under Department of Public Works Project No. E-1170; e. That said permittee shall furnish the Department of Public Works all docu- ments of record that are a part of the contract or incidental to its execution in- cluding, but not limited to, addendums, award of contract, sum of contract, "as built" plans, tracings and tracings of shop plans; f. That said permittee and/or its successor in interest shalt construct said overhead pedestrian passageways entirely at its own expense and to the satisfaction . l'������_s�53 . _ , ��� . c3) �`�� of the Director of Public Works and in accordance with the approved plans and spec- ifications marked Contract No. 73-94 of the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, said plans on fite in the Department of Public Works. Such construction shall be made in strict compliance with the American As- sociation of State Highway Officials (A.A.S.H.O.) Specifications as amended and the Uniform Building Code and be authorized under a building permit issued by the Department of Comrnunity Services, Division of Housing and Building Code Enforce- ment; g. That said permittee and/or its successors in interest shall fully indemnify, hold harmless, and defend the City of Saint Paul, its agents, officers and employ- ees from any and all damages, claims, losses, judgments, suits or expenses and on account of all claims of whateve r nature for injury to person(s) and/or property arising out of or connected with the construction, erection, maintenance, operatian and/or removal of said overhead pedestrian passageways hereunder; and that supple- mental to all other obligations, on their part, jointly and/or severally, hereunder, said permittee and/or its successor in interest shall furnish and maintain and pay all premium and other expenses therefor, Casualty Insurance Coverage, with a duly licensed Casualty Insurance Company to the extent of $500,000.00 for each overhead pedestrian passageway for injury to any person and/or persons in any single incident, and to the extent of $200,000.00 for each overhead passageway for damage to property in any single accident, indemnifying the City of Saint Paul against liability on ac- count of all claims of third persons for injury to person(s) and/or property aris- ing from or connected with the construction, erection, maintenance, operation and/or removal of said structures hereunder, at all times, and to furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Ser- vices of the City of Saint Paul; h. That said permittee and/or its successor in interest shall , among other things, at their own cost and expense, make adequate and effective provisions there- for and drain alt moisture, rain and snow which shall accumulate thereon by proper devices through said overhead pedestrian passageways and in a manner so that the flowing and/or spilling of same on any part of said section of said Minnesota and/or Sixth Street shall be prevented at all times. Said permittee and/or its successor in interest shall maintain and operate said pedestrian bridges at its sole cost and expense in a safe condition for pedestrian travel, such maintenance shall include, but shall not be limited to, window, floor and metal trim cleaning, polishing, and replacement; roof maintenance; repainting; light bulb replacement and light fixture cleaning; and the supply of heated and cooled air within each bridge to maintain temperature comparable to that normally maintained within heated and air-conditioned rental office spaces; i . That said permittee and/or its successor in interest shall, afi all times, construct and maintain all of the supports of saPd overhead pedestrian passageways entirely within the lines of the subject private real estate and entirely without public street rights-of-way; j . That said permittee shall notify the Traffic Bureau of the Department of Public Works if the construction or maintenance of said overhead pedestrian passage- ways shall make necessary the closing of Minnesota and/or Sixth Street or any part thereof; all expenses incurred by the Traffic Bureau in fu rnishing, installtng, or removing barricades, signs, and other controi devices shail be paid by the permittee; � � ��'t��l`��5� • , + � ��`� . �' � (4) k. That said permittee and/or its successo� in interest shall not use any part of said overhead pedestrian passageways for any advertisement or display pur- poses, and the application thereto of any advertising material or display shall be deemed prohibited by this Ordinance; 1 . That said permittee and/or its successor in interest shall , as aforesaid, at all pertinent times, in the construction, maintenance, and operation of said overhead pedestrian passageways hereunder, provide respectively a vertical clear- ance of at least 17' 4", between and throughout the course of the bottom of said structure and the surface of said section of said Minnesota Street; and at least 16' 4" between and throughout the course of the bottom of said structure and the surface of said section of said Sixth Street; m. That said permittee expressiy agrees to comply with Chapter 216 of the Saint Paul Legislative Code as amended, pertaining to street obstructions; n. That said permittee and/or its successor in interest shall complete the construction and erection of said overhead pedestrian passageways hereunder and in accordance with the requirements hereof by not later than one (1) year after com- mencement of construction. Said commencement shall be evidenced by receipt of a written notification thereof, and shall be dated therein, as further provided for under Paragraph (o) below; o. That said pe�mittee shall notify the Bridge Engineer of the Department of Public Works before and yvhen construction starts and notify the same said Bridge Engineer when construction has been completed to allow for a final inspection; p. That said overhead pedestrian passageways shall be removed by and at the sole cost and expense of said permittee and/or its successor in interest whenever the Council of the City of Saint Paul shall b3r Resolution determine such removal necessary in the public interest and accordingly order the removal of said struc- tures from said locations; q. That said per�mittee shall , within the period of 20 days next after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordinance and agreement to be bound by all the provisions, terms and condi- tions thereof without limitation which written instrument of acceptance and agree- ment shall be in the form approved by the City Attorney; 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 Paul , Minnesota, the American National Bank, the Sheridan Partnership, the Transamerica insurance Group and Twin City Federal Savings and Loan Association,respecting the aforesaid pedestrian passageways over Minnesota and Sixth Streets, the Permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, shall be relieved of any further obligation under the terms of this Ordinance, and the successors in interest of the Permittee, the American National Bank, the Sheridan Partnership, the Transamerica Insurance Group and Twin City Federal Savings and Loan Association, shall be responsible for paying the premiums for the Surety Bond and the Insurance of said overhead pedestrian passageways and shatl also be responsible for providing the maintenance and operation of said overhead pedestrian passageways; WH17E ,� CISY CLERK PIJ�VK • -;FI�Ap4CE GITY OF SAINT PALTL Council ��������y{/ CSNARY - DEPARTMENT � / BLUE -MAVOR File NO. �"-� � _ � 0 din�nce Ordinance N 0. �✓��`-�� _ Presented By • _ Referred To Committee: Date Out of Committee By Date (5) s. That said permittee and/or its successor in interest shall submit proposed plans and specifications to the Department of Public Works for review and approval of any intended structural repairs or major maintenance work on the bridges, before any such w�ork may be carried out. Upon co�letion of such structural repairs ap- proved 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 reproducible shop drawing tracings of the same. Section 3. That this ordinance shali take effect and be in force thirty (30) days from and after its passage, approvai and pubiication. � � COUIVCILMEN Requested by Department of: Yeas Butler Nays -�� Publ ic Works Konopatzki In FavOr Levine t Meredith � Against BY � Roedler Tedesco Daniel J. Dun rd, Director (DOL) Mme.President-$�r�e� �t SEP 1 81973 Form Approved by City Attorney Adopted by Council: Date � Certif' d sed by Co il ary BY $y Approv by M or: , Date S 9 _ Approved Ma o to Council gy By Pu�u�t� SEP 2 2 1973 • � . � , �ITT p� • . � �,s � a ; ���� . '�►. .�..- ,�° + . ... CITY OF SAINT PAUL Capi�al of Minnesota DEPARTMENT OF PUBLIC WORKS 234 Ci�y Hall dc Court Hous� b5102 DANIEL J. DUNFORD, P.E. August 20, 1973 The Honorable Lawrence D. Cohen Mayor ofi the City of Saint Paul Room 347, City Hall BUILDING Re: Skyway pedestrian bridges over P1 I NNESOTA STREET - F i f th St reet - Sixth Street and SIXTH STREET - Minnesota Street - Robert Street, City Project E-1170. Dear Mayor Cohen: Attached for your consideration and approval for submission to the City Council is a proposed ordinance permitting the St. Paul Housing and Redevelopment Authority to construct, operate and maintain the subject pedestrian bridges. This document is similar to Ordinance No. 14919 approved September 22, 1971 permitting the const�uction of the skyway pedestrian bridge over Fifth Street between Cedar Street and Minnesota Street. This proposed ordinance has been reviewed by the staff of the Housing and Redevelopment Authority, and they have indicated their preliminary acceptance of the terms. Yours very truly, � Daniel J. Du ord Director of Public Works WAH/DOL/jm Attachment cc: Walter A. Hurtley Darold McMahon � � � � �- HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA The Honorable Mayor and City Council October 30, 1973 c/o Ci ty Cle rk City Hall and Court House St. Paul, Minnesota 55102 Re: Council File No. 262047 Ordinance No. 15453 Dear Members of the Council: The Authority does hereby accept and agree to abide by all the terms and conditions of Council File No. 262047, being Ordinance No. 15453, approved by the Council on September 18, 1973. Sincerely yours, Y� Edward N. Helfeld Executive Director Orville E. Anderson, Henry R. Thomas, William Konopatrki, Ruby Hunt, Donald P. Del Fiacco, Kenneth J. Lynch, Wiilie Mae Wilson �� p�'� Cheirman ��� NOUSING AND REDEVELOPI��NTAUT���ITY OF THE CITY OF SAINT PAUL, MINNESOTA . � • , G-7 . 10/20-60 � � CERTIFICATE OF SECRETARY The undersigned hereby certifies as follows : 1 ) That he is the duly qualified and acting Secretary of the Housing and Redevelopm�nt Authority of the City of Saint Paul , Minnesota, . - herein called the "Local Public Agency" and the keepe r of the re cords of the Local Public Agency; � 2) That the attached Resolutiori No. 73-10 f24-2 is a true and correct copy of the resolution as adopted on the 24th day of october , 19 73 ; 3) That the seal affixed below constitutes the official seal of � the Local Public Agency and this Certificate is hereby executed under such official seal ; and 4) That the undersigned is duly authorized to execute this Certi- ficate. IN WITNESS WHEREOF, I have hereunto set r�y hand and the seal of said Housing and Redevelopment`Authority of the City of Saint Paul , Mirinesota, this 30th day of october , 191�. � . I `�, /� � ; s � a �. � U� Gn SECRETA Y l 7. '-,x . . � � _ y , � �I�� ` . - . � . � - . �� . . ' . � . . . . � . . �!� , RESOLUTION N0. 73-10/24-2 . • RESOLUTION AUTHORIZING ACCEPTANCE `� OF CITY ORDINANCE N0. 15453 ' r �. PEDESTRIAN BRIDGES, MINN. R-20 , . . . ,.. ' �� �'• ,' . RESOLVED by the Housing� and Redevelopment Authority of the City, of Saint Paul, Minnesota, that said Authority �oes hereby accept . and agree to abide by all of the terms and conditions of Council File No. 262047 being Ordinance No. 15453 , adopted by the Council of the City of Saint Paul on 5eptember 18 , 1973, and the Executive Director is hereby; authorized and directed to file a copy of this � Resolution with the Clerk of the City of Saint Paul, Minnesota. � � � . � . �• ,. ; _.. . , � _ . \ ; , � ' September 2i`, 1973 Hpuaing and Redevelop�ant Autharity A�TE,raTION: Legal Dept., Mr, McAulif�e 55 E. Fi�`th .�t. :it, Paul� Nlinnesota ;��:ar :>ir: 'r�e enclose a copy af 4rdir�ance r1o. 1S�ES3 �rt�nting you permis�ion to construct, mainta.in and operate �two ov�erriead pedest�i�n pa�sa�ewa�,v�� c�ne across Mtnnesota St. betvteen the 3ntersection of Fifth St. and aixtiz St. and one across Sixth St. betwe�n the intersection of 1"Iinnesot� �t. and R�bert St. ; also a b3.11_ in the siuu oi' �t�4.70 ta cover the cost of publication oi' this ordinance. We call your special a�tent�on to :;ect3on 2� Paxa.�raph "a" whSch requires the filin� o�' a bond in the amoux►t �pecified aad th� filirxg of an acceptance of the t+erms of this ordinance. The acceptance must be filed in this office, koom 3$b�, City Hal.l, wi�thir_ 20 day� after the publicat3an oP this nrdinance, Zf not so filed� the ordinance becomes v�oid. Your� very truly, City C1erk �� EneB. � �� .�,- __—� � 's '' � ( lst .. . �j I�1 '' 2nd �( -��,1. � 3rd `���( � Adopted Q��'� �r_ � r7_�_ Yeas Nays BUTLER KONOPATZKI /������ LE VINE � MEREDITH ROEDLER v ' 'I'FDESCG PRESIDENT (H�3Nl) '