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248281 . � ; ;, , , ; , . M : .. . . 248`�81 � . :� ,, . _ ` . COUNCIL FILE NO ;� �INAL C3RaER :- : BY :� ` File No � � =� In the Mat�ier of ��etiw� dN sl�s� �s i�t1t s!� st � A�. is+� � w: �. T�tth !�. �r s. t�i tt. a�t y Nt� ,��1 �re►re Melr �it,�b t�s �wMsar� aM ;; ��!'st t�! +��Z�#+t s1t#� !��►r1�t. .:H '� � >� � � .rF, r. ,� � , ;� F _� r, � � � �� ''� under Preliminary Order �� aAProv� Js�N�!! 20, I!'� `� � Intermediary Order approv� . � A public hearing having been had upon the above improvement upon due notice, and the Couneil � having heard all persons, objections and recommend�tions relative thereto, and having fnily consid�red �� the same; therefore, be it ` RESOLVED,By the Council of the City of St. Paul that the precise nature, extent and kind of im- �� provement to be made by the said City is � � t� 't�t+t�st ti�► s3+�1it wie #Mrti ��iM e! �t�w► �. #�e �. l�awrdt !t. w �. i#se� �. :, �. ari 1� +ir� s11 +�d�r �wa�t �ifa� i� �rrw�t�t a�i �e� �r a+�►1s�t +raii �_ �. * � . s�e�t Mra�+s �r�M rui aa�!l�si�t �e�i �i�slirs � i^st,at. . � � � �. ..w and the Council hereby orders said improvement to be made. RESOLVED FURTHER, Th�t the Commissioner of Public Works be and is hereby instructed and d�irected to prepaxe plans and specif�cations for said improvement, and submit same to the Council for approval; that upon said approval, the proper city of�'icials axe hereby authorized and directed to pro- - ceed with the making of said improvement in accordance therewith. COUNCILMEN APR 8 ��O Adopted by the Coun ' a 1 Yeas Ca�r��-;�; Nay� - U�a��f�,-,� Approved �ere�i!� �eterscn �J Spr��:� �l In Favor . � �'ede��.f;i � ,r,', Mayor �yrne u (��--' �� Against e.a�.� �� puBWSH�� APR 11 1970 � � `� :�� ` � - �. � �'` '� C�` a l - � � � . NEW YORK LIFE INSURANCE COMPANY A MU7UAL COMPANY FOUNDED IN ZS45 April 1, 1970 City of Saint Paul City Clerk St. Paul, Minnesota Dear Sir; I appeared before the City Council on March 25, 1970, to voice my objections to replacing the sidewalk in front of my property� located at 705 E. 4th Street� because the sidewalk is still in good condition. The above i� in regsrds to preliminary order 247080, which proposed to reconstruct the sidewalk on both sides of Bates Avenue� from 4th Street to E. 6th Street. The City Council took my objections under review, and instructed me to write this letter, voicing my extreme opposition in the said improvements, because of the fact, that good and sufficient sidewalks exist at the present time. Thank you. Sincerely, ��'�N�°� '\� Kenneth K. Mclntosh KKM:�s �� -�,. LIFE,HEAL'IH,AND GROUP INSURANCE • ANNUITIES • PENSION PLANS � � r� . � ,�-�► - -� . . Dist. No. 3 , . B.S. Bates Ave. - E. Fourth St. to E. Sixth St. �4�,� / '-`.y��l.`,�.w�� ;� � `'" OFFICE OF THE COMMISSIONER OF PUBLIC WORKS ��, JQ' r,�� R�c� �9�0 .�, /� REPORT TO COMMISSIONER OF FINANCE �.��' o�� ..; 248�81 �� ; ;� , < <: �� y� �: � �„�,,�' � Jan. 22nd. ig 70 � To the Commissioner of Finance of the City of St. Paul: The Commissioner of Public Works, having had nnder consideration the preliminary order of the Council known as Council File No. 247080 approved Jan. 20th. 19 70 relative to reconstructing the sideWalk on both sides of Bates Ave. from E. Fourth St. to E. Sixth St. ard by doing all other work which is necessary and incidental to complete said improvement. and having investigated the matters and things referred to therein, hereby reports: 1. The estimated cost thereof is $3.80 per lin. ft. for standard sidewalk 5 ft. wide and $4.60 per lin. ft. for standard sidewalk 6 ft. wide. 2. A plan, profile or sketch of said improvement is hereto attached and made a part thereof. 3. Initiated by the Commissioner of Public Works X 4. Improvement is asked for upon petition ommissioner of Public Works � .� � �� a � � �� ' Area Code 612 � �lTl' pF Y'q THOMAS J.STEARNS � 223-5121 Q4�: I ARTHUR M. NELSON ' ~ JEROME J.SEGAI w •�. ' " `"""' a THOMAS M. MOONEY 2 '-��" i� af � .�° ,�e KENNETH J. FITZPATRICK PAUL F. McCLOSKEY, JR. JOSEPH E. CARTWRIGFi? CITY OF SAINT P1�UL R.SC017 DAVIES PAUL J.KELLY PIERRE N. REGNIER First Assistant DANIEL L. FICKER LEGAL DEPARTMENT KENNETH A.SKRIEN 316 City Hall, St. Paul, Minnesota 55102 DANiEL A. KLAS Corporation Counsel . ' April 3, 1970 To the Honorable Mayor and Members of the City Cour�il Gentlemen: On March 25 , 1970, an opinion was requested through a letter of tlie City Clerk on the following subject : "The City Council today laid over to April 8th the Final Order for the reconstruction of side- walk on both sides of Bates Ave. from E. Fourth � St. to E. Sixth St. The Council discussed the � possibility of amending the Order by deleting one property amounting to 100 feet of frontage , if the property owner submits a letter to the City accepting responsibili-l;y �or any claims as a result of an injury on his sidewalk. " The responsibility of the City as to its streets , 1 boulevards , and sidewalks cannot be delegated to property ' owners . Bentson v. Berde ' s Food Center. Inc . (1950) 231 Minn. 451, 45� , 44 N.1�. 2d 1t81 : "It is well established that the duty of keeping a sidewalk in a reasonably safe condition is upon the city and not the abutting owners or occupants . " The dele�ation cannot even be made by ordinance or ' charter provision. Abar v. Ramse.y Motor Service , Inc. ( i935 ) 195 Minn. 597 , 599, 263 N.W. 917 : "Furthermore , since Noonan v. City of Stillwater, 33 Minn. 198, 22 N.W. 444, 53 Am. R. 23, it has been settled that an ordina.nce or a charter pro- vision caa7not shift the responsibility of a city for the condition of its streets upon the abut- ' ting property or its owner or occupant. " The duty establisried in the above decisions e�tends in varying degrees to all parts o� the streets , �;he paved porti.on, the boulevard, a.nd the sidewalk area. Brit�t;ain v. ' Cii;y of Minneapolis , (1957 ) 250 Minn. 376, 84 N.W. 2d 646 . i � ;�. � � �; r � _., ;, ;,.. ,-�.-,..�.y > � �,, ,r� .�.°�� i____ <1-: ��C..�--;'��.a J ' s �='>' Y r__,_. �,}(�-,.� � �b5 � ��i; � :,..�.`e 1 . � ` ,, �` . ,�'� , � - � Mayor and Council 2. April 3, 1970 Thus , a letter from the adjacent landowner accepting reasponsibility for claims would have no effect on changing the City of Saint Paul ' s responsibility to any individual who may be injured while using the sidewalk in the future . Res e submitted, Thomas J Stearns Assista Corporation Counsel TJS:bl L� "_`'G '�,�` �,�,,Q„/ Daniel A. Klas Corporation Counsel C( � ,� - '� J ��~� Aree Cade 612 �STY �� y' THOMAS J. STENRNS � 223-5121 �� l �, / � � ARTHUR M. NELSON •� �� JEROME J.SE6AL 4 t� � � � THOM/S M. MOONEY o -•,.,.,, / �` ' �� 'y KENNETH J. FITZPATRICK �r � .�' hc PAUL F. McCLOSKEY,JR. JOSEPH E. CARiWRIGHF CITY OF SAINT PAUL R.SC017 DAYIES PAUL J. KELLY PIERRE N. REGNIER Pirst Assistant DANIEL L. FICKER LEGAL DEPARTMENT KENNETH A.SKRIEN 316 City Hali, S+. Pcul, Mlnnesota 55102 DANIEL A. KLAS Corporation Counsel , April 3, 1970 ¢ To the I�onorable Mayor and Members of the City Cour�il Gentlemen: On March 25 , 1970, an opinion was requested through a letter o� the City Clerk on the following subject: "The City Council today laid over to April 8th the Final Order for the reconstruction of side- walk on both sides of Bates Ave. from E. Fourth St. to E. Si�th St. The Council discussed the possibility of amending the Order by deleting one pioperty amoun�Ling to 100 feet of frontage , if the property owner submits a letter to the City accepting responsibility for any claims as a result of an injury on his sidewalk. " The responsibility of the City as to its streets , boulevards , and sidewalks cannot be delegated to property owners . Bentson v. Berde ' s Food Center, Inc . (19�0) 231 Minn. If5� , 455 , 44 N.W, 2d 481 : "It is well established that the duty of keeping a sidewalk in a reasonably safe condition is upon the city an� not the abutting owners or occupants . " The delegation cannot even be made by orciinance or charter provision. Abar v. Ramsey Motor Service , Inc. (�935 ) . 195 Minn. 597 , 599, 263 N.W. 917 : "Furthermore , since Noonan v. City of S�illwai;er, 33 Minn. 198, 22 N.W. 444, 53 Am. R. 23, it has been settled that an ordinance or a charter pro- vision cannot shift the responsibility oi' a city for the condition of its stree�;s upon i;he abut- ting property or its owner or occupant. " The duty established in the above decisions e��;ends in varying degrees to all pari;s of the streets , the paved l�ortion, the Uoulevard, and the sidewa.lk area. Brittain v. ' City of Minneapolis , (1957 ) 2�50 Minn. 376, 84 N.W.- 2d �?f6 . �'', � � ,�..�.�� r�. ��,� c r-._ c �1 ' `�t �; � r{✓�) r----,---�--�-,� /� `� ` . �65 � �0� ' 'Z . ..7. . '�,( .�% f r t, v • �. s Mayor and Council 2. April 3, 1970 Thus , a letter from the adjacent landowner accepting responsibility for claims would have no effect on changing the City of Saint Paul ' s responsibility to any individual who may be injured while using the sidewalk in the future . Res e �submitted, Thomas J Stearns Assista Corporation Counsel TJS:bl . �� <r L��+�f/�' Daniel A. Klas Corpora.tion Counsel PRarch 25, 1970 � � � � Hon. Robert F. Paterson, ��_ ,, � C�mi.ssioner of Public Work�. I, '—` ,,�,:;. De�r Sir: ��. Tbe Gity Cou�il t id ove o weeks �a Apr31 8th. the Final Order 3n me.tt�e reconstructtng the sidew�lk on both sides of Ba A f'ro� E, Fourth St. to E. Siacth St., under P. 0. 2�+7Q8 proved Ja.n. 20, 1970. f y 4�` �� t � �Y'Y ��"�,Y yours, t � e ..___._____ ti �,� �v, ��._�...�.,.��' City Clerk h� �� __,_. � � { � �. i � � � �� `�.:� – '',,�'� ��,..�- March 25, 1.qT0 � �4 ;, __�._,�`�:�:=�_.. �, ,. . �� . ``. '. N1r. Daniel A. Klas� -- °, ', _..__ , . '�., Corpora�tibn Counsel. � ,, ,,. , Deax Sir: ,, �'he Cit� Cauaacil today��.�t�d.'A�f'er ta Apri1 8th. the Final Order for the r�coxi�truc�iaL�: of sidex�,lk on both sides of :?.�tes Av$:;.-�Prtfnx .�:�,Fo St. to E. Sixth St. The Council di.sci�sed the pa�sibi �� y of' �mending the Order by deleting one,!property a�qci�Zntir�g to 100 �'eet of frontage, if the pro��rty ewner s1��nits a letter to the City accepting respona�.b�:�.�.ty for any%c/laims as a, result of an in.,jury on his �idewa.].�k.;�The Cc�il requests yaur opinion on the leg��ty o#' sucYi�a�i_�r��ftin b�► the Cit3r Councilo , ,. , ,. � � '� � , ' ' Very truly your�, �t� � Gity Clerk AO/hp