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189041Orloinal to City Clerk ORDINANCE COUNCIL FILE NO. r PRESENTED BY ORDINANCE- NO-1890 Council File An ordinance granting to the Garrick Ramp, Ifd:;I-- permission to construct, erect, maintain, and operate an overhead pedestrian passageway across Sixth Street between the intersections therewith of Wabasha Street and St. Peter Street, the center line of such overhead pedestrian passageway to be approximately parallel to and 150 feet east of the easterly line of said St.. Peter Street and the said overhead pedestrian passageway to be extended -from the proposed ramp type parking garage to be constructed on the southeast corner of St. Peter and Sixth Streets, permission for the construction of which has heretofore been granted pursuant to C. F. No. 189043 , approved September 9, 1958 , to the existing department store building, designated as Schuneman's Department Store, located on the northwest corner of Wabasha and said Sixth Street. This is an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. 41 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 4�1 Secti on 1. That permission and authority are hereby granted to z Garrick Ramp, Inc., a Minnesota corporation, to construct, erect, maintain, D and operate an overhead pedestrian passageway across Sixth Street between o the intersections therewith of Wabasha Street and St. Peter Street in the City of Saint Paul; tli.e center line of such overhead pedestrian passageway r. , to be located approximately parallel to and 150 feet east of the east line - cof St. Peter Street, said overhead passageway to be not less than 18 feet (o above street level, and to be extended from the ramp garage proposed to be constructed on the southeast corner of Sixth Street and St. Peter Street and extending to the alley in midblock, permission for the construction of which has heretofore been granted by this Council to`Garrick Ramp, Inc., pursuant to C. F.--,No'. 18904 approved September 9,195P to Schuneman's Department Store located on the northwest corner of Wabasha Street and Sixth Street. Section 2. That the proper City officers are hereby authorized to issue the necessary permits to Garrick Ramp, Inc., for the construction, erection, maintenance, and operation by said permittee at its separate cost and expense, of the said overhead pedestrian passageway upon said permittee's complying fully with the conditions hereinafter set forth: 1. That said permittee shall forthwith furnish and deliver unto the City of Saint Paul a surety bond in the penal sum of $25,000, made and executed by said permittee 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, conditioned that said per - mittee shall indemnify and hold harmless the said City of Saint Paul against alleekpense and liability on account of all claims, suits, and judgments arising in any - manner out of or connected with the construction, erection, Yeas Councilmen Nays DeCourcy - Holland Mortinson Peterson Rosen Winkel Mr. President (Dill Attest City Clerk (�- .-1M 12 -67 Lo. 8 , Passed by the Council Tn Favor Against Approved: Mayor PUBLISTiM' d- No. 18'.)U41 �1��f maintenance, and operation by said permittee or its successor im interest of the said pedestrian passageway, which surety bond shall be in such form as shall be approved by the Corporation Counsel and shall have such surety as shall be approved by the Commissioner of Finance. 2. That said permittee shall, at its own cost and expense, and in accordance with all applicable ordinances of the City of Saint Paul, statues' of the State of Minnesota, and regulations of public authority having cogni- zance, construct, erect, maintain, and operate said overhead pedestrian passageway hereunder. 3. That said permittee'shall, at its own cost and expense, as aforesaid, construct and erect said overhead pedestrian passageway under the supervision and subject to the inspection and approval of the Chief Engineer and the City Architect and fully reimburse the City of Saint Paul, upon the receipt of proper invoices therefor, on account of all costs and expenses necessarily incurred for inspection and engineering services by the City of Saint Paul, in the premises. Said permittee shall in no case begin any part of construction according to plan for said overhead passageway until the plan in'its completeness has fully been approved by the Chief Engineer and the City Architect of the City of Saint Paul. 4.: That said permittee shall, prior to the commencement of the construction and erection _ of-said overhead pedestrian passageway hereunder, at said permittee's own cost and expense and by a competent'l- ���' -. Registered, Architect-orYEngineer;-.cause 'to, ,be prepared and_submitted ta^' ,4,_ .• -_ said Chief Engineer and said City Architect of the City of Saint Paul, two complete sets of proper detailed plans and specifications for said structure, which shall be subject to the approval of said Chief Engineer and that of said City Architect. 5. That said permittee, and its successors and assigns, shall ,fully indemnify the City of Saint Paul against all liability on account l of all causes, suits and judgments-and on account of all claims of whatever nature for injury to person and /or'property arising out of or connected. with the construction, erection, maintenance and /or operation of said overhead ped strian passageway hereunder; and that supplemental to all other obligations on their part, jointly and/or severally, hereunder, said permittee and its successors and assigns shall furnish and maintain and pay all premium and other expenses therefor, casualty insurance coverage, in a j __du1y licensed casualty insurance company to the extent of $300,000 for injury to any person and /or persons in any single accident and to the extent of $25,000 for injury to property in any single accident, indemni- fying the City of Saint Paul against liability on account of all claims of third persons for injury to person and /or property arising from or connected with the construction, erection, maintenance, and /or operation of said struc- ture hereunder , at all times, and to furnish competent evidence of said coverage, from time to time, to the Comptroller of the City of Saint Paul. 6. That said permittee and its successors and assigns shall, among other things, at their own cost and expense, make adequate and effective provisions therefor and drain all moisture, rain and snow which shall accumulate thereon by proper devices through said overhead pedestrian passageway and in a manner so that the flowing and /or spilling of the same on any part of said section of said Sixth Street'shall be prevented, at all times. 7. That said permittee and its successors shall construct and maintain all of the supports of passageway entirely within the lines of the subject entirely without public street areas. -2- and assigns, at all times said overhead pedestrian private real estate and Nj Orlgtnai to City Clark i .� ORDINANCE 189041 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. / Yeas 'NO Att S. That said permittee and its successors and assigns shall not use any part of said overhead pedestrian passageway for any advertisement or display purposes and the application thereto of any advertising material or display shall be deemed prohibited by this ordinance. 9. That said permittee and its successors and assigns shall, as aforesaid, at all pertinent times, in the construction, erection, maintenance and operation of said overhead pedestrian passageway hereunder,provide a vertical clearance of at least 18 feet between and throughout—the course of the bottom of said structure and the surface of said section-of said Sixth Street. 10. That said permittee shall complete the construction and erection of said overhead pedestrian passageway hereunder and in accordance with the requirements hereof not later than the 1st day of June, 1959 . 11. That the permission herein granted by this ordinance to Garrick Ramp, Inc., for the construction of said overhead pedestrian passageway is at all times revocable by the City of Saint Paul and the permission is herein granted to said permittee and accepted by it as a revocable permit; that -said passageway shall be removed at the sole expense of the permittee or its successor in interest at any time when the Council of the City of Saint Paul shall, by resolution, determine that such removal is in the public interest and accordingly order the removal of said structure from said location, and the said permittee in all things agrees that if, as, and when any such resolution is passed by said City Council, it shall im- mediately concur therein and remove said structure herein permitted. 12. That said permittee shall within the period of 20 days next after the effective date of this ordinance, file with the City Clerk, its written acceptance _of this ordinance and agreement to be bound by the provisions, terms..,an.d conditions thereof'withodt limitation, which written instrument of acceptance and agreement, shall be in form approved by the Corporation Counsel. 13. That before permittee shall engage in any construction pursuant to architecturallplans for said passageway, it shall submit those plans to the Chief of the Fire Department who shall thereupon review said plans and certify to the City Council that,in his opinion such plan or plans do not increase the fire hazard at said location or the buildings abutting on said. street at the said place of construction. Section 3. That this ordinance be and hereby is declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. 4 , Section 4. That this ordinance shall take effect and be in force from and after its passage, approval, and publication. �8 y Councilmen DeCourcy Mortinson Peterson Rosen Winkel Nays Wn IM 12 -57 -3— OCT 2 1958 Passed by the C ncil Tn Favor Against OCT 2 1'958 A�prov d Mayor Dapucate to Prints; PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. .189041 An ordinance granting to the Garrick Ramp, Inc., permission to construct, erect, maintain, and operate an overhead pedestrian passageway across Sixth Street between the intersections therewith ,of Vabasha Street and St. Peter Street, the center line of such overhead pedestrian passageway to be approximately parallel to and 150 feet east of the easterly line of said St,. Peter Street and the said overhead pedestrian passageway to be extended from the proposed ramp type parking garage to be constructed on the southeast corner of St. Peter and Sixth Streets, permission for the construction of which has heretofore been granted pursuant to C. F. No. 18�_, approved September 9 1958--, to the existing department store building, designated as Schmeman's Department Storer located on the northwest corner of Wabasha and aria Sixth Street. This is an emergency ordinance rendered necessary for the preservation of the public peace, health, rnd safety. THE COUNCIL OP THE CITY Or S.,.INT PAUL DOES ORDAIN: Section 1. That permission end authority are hereby granted to Garrick Ramp, Inc., a Minnesota corporation, to construct, erect, maintain, and operate an overhead pedestrian passageway across Sixth Street between the intersections therewith of Vabbasha Street and St► Peter Street is the City of Saint Paul, the center line of such overhead pedestrian passageway to be located approximately parallel to and 150 feet east of the east line of St, Peter Str ^et, said overhead pasergewayy to be not less than 15 feet above str.et level, and to be extended from the ramp garage proposed to be constructed on the southeast corner of Sixth Street and St. Peter Street and extending to the alley in midblock, permission for the construction of which has heretofore been ranted by Ibis Council to Garrick Ramp, Inc,, purrurnt `to C, F, No. 189043. approved September 9,195$ to Schuneman's Depertment Store located on the northwest corner of Wabasha Street and Sixth Street. Section 2 That the proper City officers are hereby authorized to issue the necessary permits to Garrick Ramp, Inc., for the construction, erections maintenance, and operation by said permittee at its separate cost and expense, of the spid overhead pedestrian passageway upon said permittee's complying fully with the conditions hereinafter set forth: 1. That said permittee shall forthwith furnish and deliver unto the City of Saint Paul a surety bond in the penal sum. of X25,000, made and executed by said permittee as principal and a corporate surety company duly authorized to transact business in the State of 14inneeota as surety, to and in favor of the City of Saint Paul, as obligee, conditioned that said per - mittee shall indetnify and hold harmless the said City of Saint Paul against alb,_expense and liability, on account of all claims, suits, and judgments arising in any manner out of or connected with the construction, creation, Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 12 -57 8 Passed by the Council Approved: Mayor Tn Favor Against maintenance, and operation by said permittee' or its, successor_irr, interest of the ,said pedestrian pabsegeway, which surety* bond shall be in• -such form i. as shall b# approved l y the- Corporation Counsel -and shall ,have such surety as, shall bs :approved ,by the Commissioner of . Piriance. _ 2. That said permittee shall, at its -own cost and expense,. and 14 accordance ;with all Applicable ordinances of the City of, Saint Pauls, statute's of the • State- of �Iihnesot�, and regulations--of public - authority having cogni- zance,, "construct, erect, raatntAin,. and ope "r. ate acid overhead pedestrian passageway'hez'eunder 3 That sAid permittee shall; at its owt. cost and expense; as = af6resald, ;cons tract ", and -erect said overhead pedestrian passageway kinder- the supery aion and. subject to the lnspeetion etid approval'of the Chief. _ Engineer mid the City,- Aro4tect and fully --reimburse the, City of Saint Paul, upon`the reQeipt of proper invoices therefor, on account of all `- costs and expenses necessarily ,iricurecl for inspection ant •engineering _ -services by the.Cityj4of• Saint Paul, in the`premisos. Said permittee shall in no case ,begin any, pert .of construction .decor -ding * to -plan for said'overheacb passegpvay'until' the_ plan in its:coMpletenees has fully been approved by the Chief Engineer and, the City Archi.te&. of, the City, of Saint Paul.,, . ' •Tkat said, permittee shell;, prior - to the commepeemerit of the construction and, erection of said overhead pedestrian passageway,_,. hereunder, 'at said permittee's own co,st'and,'expenee acid by' a competent Regi stored Architect "or Figineer, cause to -be prepared and submitted ,to W said Chief Fngine.er and said. City Architect of the City -of Stunt Paul, tti"o complete sets ofproper detailed plans and specifications for said structure, ;which shaal be subject to the approval of- said- Chief Engineer and that of said City -Architect. - That said permittee, and its successors and assigns,- shall ' fully indemnify- the '_Git�r. of- nt Paul against,all liability on account , of•all - sauces; auits,6nd judgments and oh account of all claims- of Whatever nature for•injury taj'��erson ariVor. property arising out of or connected with the construotiQ�- erection: 'maintenance- and /or operation of laid" A overhead pedestrian paseagevvl nprPUnder ;. and that supplemental to all.,, Other obligations on;,trhoir .,part, *jointly and/or aeverallyf hereunder•; sai8 permittee -end' its_ successors and etssigne sh$1� - furniph aitdaintai n ,and pay ' . all, premlu�n: and, otlie ! - exp.ons.es_'therefor, casualty in: urance - coverage, `in a' duly ji consad casu.alty,'insurance com_ pany� td --the e: #; nt of 0' 90;QOO,Lfor ; injury to any person - 'and/or- persons in any single accident and to-the extent of $25,000 for •'in' -ut7 to . property ,in any single accident,. indemni Eying the_ City of Saint Paul ,against =_liability "on` account of all claims of third persona for injury to person. and/or _ property-arising from or- connected;" with the eonstructtion ,- _.erection, maintenance;. and�or operation of said struc- ture . hereunder, at ,timoO, :-andi to furnish competent es�idence of said . coverage,' from time • to' time,;'to - the Comptroller-of. the`:City" of- Saint Paul: r E�. That said permittee and:its successors. and assigns shall., among others thing, a't_ their own cost, find expenoo, make adequate and effective provisions :there for and drain a11 - moistur ®; rain and snow which shall accumulate thereon-by proper- devices.through.said overhead pedestrian passagew%y ..and' -14- a sianner so that the, flowing and /or spilling 'of the same on any -art of said -s'ecti,on of said 5i'xth _utreet shall be preveited', at; All - . times: - - ' , ,. _ . - - • ' . - - ' - 76. 'Ths.t said permittee and its successors and- assigns, at all times Shall -cons truct -ant# Vaintain all. of the supports of said overhead per�estriaa passagawey •�entirel,y iithin the ' lines of the - subject private real eatato. and' = > % entirely without public 'street areas. ' DapHeate to Printer PRESENTED BY ORDINANCE 189041 COUNCIL FILE NO. ORDINANCE NO. $* That said permittee and its oucceseors and assigns shall not use any part of said overhead pedestrian passageway for any advertisement or display purposes and the application thereto of any advertising material or display shall be deemed prohibited by this ordinance. 9. That said permittee and its successors and assigns shall, as aforesaid, at all pertinent times, in the constructions erection, maintenance and operation of said overhead nedeetrian passageway hereunder,provide a vertical clearance of at least 18 feet between and throughout the course of the bottom of said structure and the surface of said section of said Sixth Street. 10.. That said permittee shall complete the construction and erection of said overhead pedestrian passagewcy hereunder and in accordance with the requirements hereof not later than the 1y t day of June,1959 . 11. That the permission herein granted by this ordinance to Garrick Ramp.. Inc., for the construction of said overhead pedestrian passageway is at all times revocable by the City of Saint Paul and the permission is herein granted to said permittee and accepted by it as a revocable permit; that said passageway shall be removed at the sole expense of the permittee or its successor iii interest at any time when the Council of the City of Saint Paul shall, by resolution, determine that such removal is in the public intereat and accordingly order the removal of said structure from said location, and the eold permittee in all things agrees that if, as, and when any such resolution is passed by s•id City Council, it shall im- mediately concur therein rnd remove said structure herein permitted. 12. That said permittee shall within the period of 20 days next after the effective date of this ordinance, file with the City Clerk, its written acceptance of this ordinance and agreement to be bound by the provisions, terms, and conditions thereof without limitation, which written instrument of acceptance and agreement, shall be in form approved by the Corporation Counsel, 13. That before permittee shall engage in any construction pursuant to architectural,plans for caid passageway, it shall submit those plans to the Chief of the Fyne Department who shall thereupon review said plans and certify to the City Council that in his opinion such plan or plans do not increase the fire hazard at said location, or the buildings abutting on said street at the said piece of construction* Section 3. That this ordinance be and hereby is declared to be an emergency orCdnannce rendered necessary for the preservation of the public peace, health, and safety. Section !+. That this ordinance shall take effect rand be in force from and after its passage, approval, and publications 0 CT 2 195$ Yeas Councilmen Nays Passed by t Council DeCourcy 'HeRaft+— Mortinson In Favor Peterson Rosen - Against Winkel OCT 2 1958 Mr. President (Dillon) Approved: Attest City Clerk Mayor 1M 12 -57 q08 -3- IRMA CITY OF -SAINT PAUL' y TERRANCE S. O'TOOLE LEGAL DEPARTMENT Louis. P. SHEAHAN' . THOMAS J. RYAN ' S.. SPiC1AL AffISTANT ' • ROBERT E.-O'CONNELL ' DONALD L. LAIS - : 'MARSHALL'F. HURLEY JOHN J. NIcNE1L :'. ''_ a w^ a a - ROBERT E. FARICV' : CORPORATION COUNSEL_ AffIBTANTf .'`• " a THEODORE J COLINS '' ,.{ ;�'" a. : L , • ,a INVZ8T10ATOH '4.• • _ f -.,{,� °• ' - - '� •�- _ - :3 '. • � .. - •- • : - , .^ - - • "' - ''-• •► $e , terribei• :8' 195$ ., i •. _ I , .: ` •' . {, -' . ... +` s � �' r f 4ty .. t �1 ti 11 - . +t •<,.�� °, • ?• `t.S: , • ' ' '- - . "•:. Mr.' "Air g8 :`} _ 1 'oeder =Y �� .wry ��`.: �' Y •k. t �.. �.J .J }'. Ct3r Architeot.a Y.K;,. ��_ • _ Dear 611 `• rR Ve,'tra t`,hc- 6, 4th to yoti,. the y 'Pall,o -4ngs. •rf. -, .... lo to brdinirrice pexzaitti the' arection #of the }, F 4 ovo hee�c pedestri, pals ge acx`osa ''Sax h $t4 °eet 4 om , the'rrsep to be ' cohstrticted- oii • ` t� t bite to., tha,_Schtiin>$iari;'Depsraent ftore.' . We�kpid apeci Ate ,4ery xicii your ahecug the ` foxm''of thin' ord'innhoe Qep.eciial�- vith reference = the, p1ticq of eonstructioz 'snd the other �hysi� -'_ el "i1 to in rcl #,tfon1 to the pa�c�hxay d��zirib'ed - L ;1h "this form of orC,iiamee. 21• An ordiiunce Amen4bg_ .�691 siative code 60.19 vr- _ nii ttirig t}ae . axteniou 'so th { t it Nils not be in $igZati4n cif the Code provisjon" at�out aty extpxl- •- r 4ioas oger , bU dj ng� 'on, the ' do- ,,mto-iin 4treeto. , 3. F.d:a7:ut� ou grantir to 'Gri c Ramps uric. , the ; "r ght to corcatruct the parking f- 4dillty. Coie'e, of the ] etter are 'beiz senit "fio. Commiir;_ a3 anere TrTii�kel . snd 'Hol;.snd r'o- thst tk�ey mr3* be appri sed'.pf'the proeent I9ta'tue -of this : propos-ec C_ ouncil" notion. �T 'We al eau to you a letter -,d ted June 18, 1,958, of the , nannit - Eg ^r� qt-'16iiv 'Paul un&er` ciitAtur( of Tyr,.• VA eland, � hja eh 1 i contEi3ned th�i.recoendatiQZ� of tie 8gxc for permi:�sion to effect , the. passogex47 as .. ' . Tguriz' ,very' truly, .liafAall '. Hurl.oy 1� = Eno a. _ Corpora tivu' Counsel, j co' Comll'issionera lainke� . gnc HoliArld y ' f January 12, 1959 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen and Mrs. DeCourcy: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 189041, being Ordinance No. 11328, adopted by the Council on October 4, 1958. We should like to point out, however, that due to the change of ownership of Schuneman's store since the passage of this ordinance, we do not presently intend to erect the overhead pe- destrian passageway for which permission has been granted. We should like, however, to retain the privilege of constructing the overhead at some future date in the event that changed con- ditions are deemed to make it advisable. Very truly yours, GARRICK RAMP, INC. By _ L , ! �' � � "v C O P Y AFL -CIO Trades and Labor Assembly June 12, 1958 / Ho (-( / Honorable Joseph E. Dillon Court House Saint Paul 2, Minnesota Dear Mayor: At the meeting of the Trades and Labor Assembly on June 11th, the Assembly was informed that the City Planning Board had approved an overhead crosswalk from Schunemans' Department Store to a proposed automobile ramp - at Sixth and St. Peter Streets. The Assembly went on record opposed to the construction of an over- head crosswalk for several reasons, one of which is its appearance and another was a fire hazard. It was suggested that a crossing for pedestrians could be constructed underground. The Assembly requested me to advise your office and the City Council that they object to the overhead pedestrian crossing as approved by the Planning Committee by majority vote. Very truly yours, (Signed) E. D. McKinnon E. D. McKinnon, Secretary- Treasurer St. Paul AFL -CIO Trades and Labor Assembly oeiu 16p f 1 1st, 9%% 2n Laid over to 9 �f • 3rd and app- //7 Adopt / D Yeas Nays Yeas Nays ' �eCourcy DeCourcy �olland Holland 1� ortinsori RiK b Mortinson \Peterson Peterson Rosen inkel Winkel Mr. President Dillon Mr. President Dillon AD" 189041