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95-1169 REC�IVED �� f�� I �9 � I� council File #� S—���v Green Sheet # 3 3 � � � SEP 141995 RESOLUTION CI OF AINT PAUL, MINNESOTA ���'i ��� Presented By Referred to Committee: Date �_' 1 WHEREAS, Cafesjians Carousel, owned by the City and operated by Our Fair 2 Carousel Incorporated ceased operations as of April 15, 1995 due to lack of ridership 3 and revenue losses; and 4 5 WHEREAS, Our Fair Carousel has agreed to keep the Carousel in its present 6 location until a marketing plan for the carousel can be completed; and 7 8 WHEREAS, Our Fair Carousel Incorporated's liability insurance coverage ran out 9 as of April 30, 1995; and 10 11 WHEREAS, through action on April 26, 1995, C.F. 95 the City accepted 12 liability responsiblity for the Carousel between April 30, 1995 and October 1, 1995, and 13 14 WHEREAS, The Carousel will not be operated on a regular basis between October 15 1, 1995 and an unknown date in the future; and 16 17 WHEREAS, The carousel will need liability coverage during the period it will 18 not be in regular operation; 19 2 0 NOW THEREFORE BE IT RESOLVED, that the City of Saint Paul shall extend 2 1 liability responsibility for any general liability claims only arising out of the 22 operation or maintenance of the carousel, Our Fair Carousel Incorporated, The Shelard 23 Group Inc. and Travelers Insurance Company but subject to the limits of Minnesota 24 Statute 466.01 et seq through December 1, 1995. Yeas Nays Absent Blakey ✓ Request�d by Division of Parks and Grimm ✓ Recre ion Guerin � � Harris _ / � Megard � By: Rettman_ //� / .,p Thune ��� � � Form Approved by City Attorney Adopted by Council: Date � �.� ° ��,5 `,. By: �i- N_ Adoption Certified by Council Searetary By F Approved Mayor for Submission to �j � � Counci Approved Mayor: Dat : By: , �2 L By. q s -�� �� ✓ oe rdc�� DA INITIA o 0 Parks and Recreation , o9�is�9s GREEN SHEET _N __3 377 � CON ACT PE d NE � DEPARTMENT DIRE m ��� CITY COUNCIL ^— � V1 C Wi ttgenstei n 266 -6409 �aN (� cm�rroRNer [� ciTVC�RK MUST BE NCIL Af; NDA BY (DATE) �� � BU�ET DIRECT+OF � FIN. & MOT. SEiiVICE8 DIR. 09/20/95 01 �e" � Nu►voF+�«�ass�sr�m [� �d; '�S- TOTAL � OF SKiNATURE PA�iEB 1 (CLIP ALL LOCATIONS FOR 81tiNATURE) kCTION REOUE8TE0: Signatures of Superintendent of Parks and Recreation, City Attorney and Mayor and passage of attached Council Resolution which makes the City liable for any suits in connection with the City owned Cafesjians Carousel. RECOMI�NDATION8: Approw W a Ryect (F1) PERSONAL SERVICE CONTRACTS MU8T ANtWER TNE FO�LOWINO�� _ PLANNINO COMMISSION _ CIVIL SEAVICE (�MMISSION 1. Hes this penonlFirm sver wolk�d undsr a conb�cf for this departmsnt4 _ CI8 COMMIITEE _ YES NO ��� — 2. Has thia peraonl�rm sver b�n a dly employee? � �� 10Af. YES NO t�+ W7V _ DISTRICT COUR7 _ 3. Does this person/flrm p�sess a skill not normally posseesed by any curroM dty amployes? SUPPORTB WIi1Ct1 CalNCil OB,IECTIVE4 YES NO �A� hCl�'�►� ExplNn ell yss answen on s�p�nt� �heet and �ttaeh to prwn �'�� INITIATINf� PROBLEM. ISBUE. OPPORTUNITY (Who. YYhet. Nfl�. WA�n. WhYI: Our Fair Carausel (OFC),_operators of the Carousel agreed to keep the Carousel in Town Square Park whi�e � is not in regular operation, awaiting the development of a marketing plan. The City and Downtown Business Community are active in this process. The City Council passed an initial resolution accepting liability responsibility from April 30, 1995 to October 1, 1995. This resolution extends responsibility through December l, 1995. ADVANTAOE8IF APPROVED: The Carousel will have liability coverage and can remain in Town Square Park until the results of the marketing study are known rather than being disrriantled and put in storage and then reassembled. D18ADVANTAOEB IF APPROYED: The possibility of a liability claim exists.for the City. OFC has not had such a claim in the over four years it has operated. DIBADVANTAf�EB IF NOT APPROVED: The Ca�ousel would have to be dismantled and removed from Town Square Park. Then it would have to be reassembled in Town Square Park in December. This dismantling and reassembly would be expensive. TOTAL AMOUNT OF TRANSACTION : COST/REVENUE BUDdBTED (CIRCLE ONE) YES NO FUNDING SOURCE Tort Li abi 1 i ty Fund ACTIVITY NUMBER nqn�n FINANCIAL INFORMATION: (EXPLAIN) No cost to the City unless a claim is made.