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91-1189 Return copy to: ORIGINA Cquncil File # g-/44' Real Estate Division 41 218 City Hall )Ordinance # (YK) (Ordinance) ( +� _ Green Sheet # /9 t9._ ORDINANCE CI • • F SAINT PAUL, MINNESOTA Presented By e+ Referred To Committee: Date An Ordinance granting permission to Ace Auto Parts & Salvage Company, 754 Rice Street , Saint Paul , Minnesota 55103 to use a parcel of surplus Rice Street right-of-way consisting of approximately 8 ,306 square feet as shown on attached Exhibit "A" . THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to Ace Auto Parts & Salvage Company hereinafter referred to as the "Permittee" and its successors in interest by the City of of Saint Paul hereinafter referred to as the "City" to use said right-of-way as a parking lot only. That the authority granted to the Permittee shall not be interpreted as an exclusive right to use said parking lot . That said parking lot shall be open to an6 available for parking , free of charge, to the general public and customers of other businesses in the general vicinity. Section 2 . That the area to be used for parking is described as follows : (per Exhibit "A" attached) Section 3 . That the Director of the Department of Public Works is hereby authorized to issue a permit to the Permittee and its successors in interest to use said right-of-way as a parking lot upon Permittee ' s compliance with the following conditions : a. That said Permittee shall submit and receive approval of a site plan of the proposed parking lot , from the Director of Public Works prior to the use of said right-of-way for parking . b. That said Permittee shall pay all development and construction costs and site-plan fees , including but not limited to costs for paving the parking lot and screening along boundary of the parking lot areas as may be required. c. That said Permittee shall pay the costs of administration, engineering and inspection incurred by tie Department of Public Works because of this uidertaking . gr----97-7/er9 /713 " d . chat the use of said surplus right-of-way is for an ' ndefinite temporary term and that upon 60 days otification to the Permittee and its successors in nterest by the Department of Public Works , said : ermittee shall remove all parking lot improvements and gelinquish the use of said parking lot. e . n lieu of rent , Permittee shall pay all costs and expenses for all maintenance and repair of said parking .:rea , including but not limited to , repair of asphalt ..urfacing , sweeping , trimming of shrubbery and plowing .end removal of snow to the satisfaction of the mepartment of Public Works. Should Permittee fail to aintain parking area as prescribed , Public Works will •erform said maintenance and bill permittee for its , osts . Permittee ' s failure to pay Public Works for aintenance shall result in cancellation of the •rdinance parking lot permit . f . saxes . Permittee shall be responsible for and pay all axes and assessments against the Permit Premises , -xcept that Permittee may, at its own expense , contest :rid challenge the imposition or amount of any such tax .r assessment as prescribed by law; provided , however , tat in the event this permit is terminated by either *arty, City may, at its option , require the Permittee to *ay such contested taxes pending appeal, to place in -scrow a sum sufficient to pay said taxes , or take other .ction which will remove said contested taxes as an -r,cumbrance to title or as an exception to the transferability of marketable title to the Leased iremises . g . hat said Permittee and/or its successors in interest shall fully indemnify, hold harmless , and defend the ity of Saint Paul , its agents , officers , and employees , from any and all damages, claims , leases , judgments , suits , or expenses and on account of all claims of whatever nature or injury to persons and/or property arising out of or connected with the construction , maintenance , operation, and/or removal of said parking lot and by the permission and authority granted herein; and that supplemental to all other obligations on their part , jointly, and/or severally, hereunder , said Permittees and/or its successors in interest shall furnish and maintain , and pay all premiums and other expenses t`ierefore , casualty insurance coverage with a duly licensed casualty insurance company, naming the Permittee and the City as jointly insured to the extent of $600 ,000 for injury to any person and/or persons in 2 ORIGINAL V-#i9 a y single incident and to the extent of $200 ,000 for d.mage to property in any single accident and insuring tie City of Saint Paul against liability on account of a 1 claims of third persons for injury to person(s) aid/or property arising from or connected with the construction, maintenance , operating of said parking lot h: reunder at all times . The Permittee shall furnish an i surance policy to the Director of the Finance and Management Services , Real Estate Division a certificate o this insurance and at each renewal date thereafter . Section 4 . That thi•. Ordinance shall take effect and be in force 30 days after it •assage, approval and publication. peas Nave Absent Requested by Department of: Dimond mu Lona 21 Finance Management Services Lona (" icQ_J g Maccabee - OM Rettman Wilson By: 4 irector Iiii O Adopted by Counci Date JUL 1 8 19'1 Form Approved by City Attorney Adopti Certifies •y Council Secretary (/)'( / BY: � Z414...= G By: A . -�.y��. - - Approved by Mayor for Su mission to II i � Approved by Mayor: Date , Council`, .1 18 1'91 By: / B C/1 77)-) ��BY: el MU.RFD JUL 27.'91 3 DEPARTMENT/OFFICE/COUNCIL DATE INITIATED NO 15893 Finance/Real Estate Division 6/11/91 GREEN SHEET INITIAL/DATE INITIAL/DATE— CONTACT PERSON&PHONE DEPARTMENT DIRECTOR CITY COUNCIL Dick McCann 298-5317 ASSIGN 0 CITY ATTORNEY £i` ‘//y, El CITY CLERK NUMBER FOR MUST BE ON COUNCIL AGENDA BY(SATE) ROUTING BUDGET DIRECTOR FIN.&MGT.SERVICES DIR. ORDER MAYOR(OR ASSISTANT) © Real Estate - Room 218 TOTAL#OF SIGNATURE RAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approve Ordinance authorizing Ace Auto Parts the use excess right-of-way at Rice and Acker Street for public parking. RECOMMENDATIONS:Approve(A)or Rejo-ct(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLO ..Q/L {$,.T�N/$ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this departs e-t)—`/ r Y E -CIB COMMITTEE YES NO A 2. Has this person/firm ever been a city employee? STAFF YES NO JUN 11 1991 -DISTRICT COURT 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJEC'IVE? YES NO � �1 0���� Explain all yes answers on separate sheet and attach tog y tl7 Located in Council Listrict #5. INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): pp Due to limited public parking facilities Ace Autb`�rs:�Y sting the use of excess street right-of-way at Rice and Acker Street for this purpose. JUty tN 1i91 OFFICE OF I r1t ul t.CTOR DEPARTMEN` OF r I ANCE AND MANAGEMEN1 S=KVICES ADVANTAGES IF APPROVED: The parking area will be an improvement to this area and will save the City maintenance costs. 0015) DISADVANTAGES IF APPROVED: Jk1N (�O 19°1 None. C11Y CLERK Ai DISADVANTAGES IF NOT APPROVED: Ace Auto Nail: continue to be restricted with limited parking's_UflII Research Nesea�c, Cent JUN171991 TOTAL AMOUNT OF TRANSACTION $ 0 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) dtiv • • • • f NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance,whichever Is most appropriate for the Issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue In question has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your project/request supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed (e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? 1st 2nd 3rd 7-1/— V Adopted Yeas Nays DIMOND +4/149' GOSWITZ / kS.Y LONG MACCABEE RETTMAN TNUNE MR. PRESIDENT, WILSON EXHIBIT "A" All that !'a t of Rice Street lying south of Acker Street and lying norte .f a line (designated as Line "A") which is distant 122 feet north .f the southeast corner of Section 25 , Township 29 North, Ran'e 23 West and is also perpendicular to the east line of said se ion 25; said part of Rice Street also lies easterly of the foilswing described line: Begin 'ng at a point on said line "A" , distant 32 feet weste. y of the east line of said section 25; thence run n• itherly to a point distant 20 feet easterly of and • - . pendicular to the east line of said section 25 , said .' int being 482 feet north of the southeast corner of s- i• section 25. Subject to a ten foot bridge ease u e. t north of and abutting said Line "A" . I I - 3 • , appow,......... i . 1 / , 11 a , . . • , ........ A' (*r- ( 0,00- /,\GI 1 • ,, . 3 + 6 4 , 83 N A A11111411 . ; ,. M ..,..,.,„... _Jill\ ' 1 . .Co. • A- i3 .. .,.. ....4 . 1 ../ it ... . . . , 3 + 0 4 a 8 3 „ , , / 0 / , (, / 1 t CB III/ j .;',- 1 J0 ' '-i'.' . ,,i,!,, ..p if,,,.,,. ,,,,,,, •?•,, •;.• '..c l'ir , :.-'.!• ifrit441.4 ,. I . 1 ■ ... / k. „ , ,. , ,.,. . ,, it,:t „ .. ' 15 2 . . . . ,., , $ , 1 44, 't 1)111 N- ,:. 11 , kIrl!.4) . i 1 i i i . . 4 it _. • • %. I. . Cer e .h 11 .....,. i 7 iffkif %, 111444444 -. i ! , , ... A. / II I ...4,i, ID •. I I vt \ / . .; . i I fl- VoT"v 6 : ..„.,1 41 i.' 1 1 ''' . . ' :4 1 i ■ ,r; 0 I 1 jai ii) ■ ''... ...., . 1/ I ! 4, •' „ 1 4010.01 1 :1/4..) mH,,.,,t , ,1, ..' ,....,.,,,...:'..)..... 71....4:lis',....''.,,:di ki:11:1:1',.'. .i.„....'. 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''k';--'64';'''''''.','"-•:,`')';'''.--'44' g":-%'•;',4 '`' , • .,1...4,3,)‘ ,4::'•-io,gi'''''''''sf.•'•'4',1;',.1r-!-..,'4•.1, ,,,,•-.,•":. ,.1--',.. -•''‘ . ,-•`'.' s''' ' 1 ,.' ,;j . •,., ,,..,'--.,.‘. .- ;-',1 ' .,;'•'',f..,,it'...,:1, . .,`,;:. ':c- -(41*(1J1.1'.;;:iikrt ',..;,'4. g. 1..,1-=' ' 11,' ,1 - -:. !:,-'.,',.../ ' •.4 ' ,-',,,',"-,•;,-,r,", , ,' i'. ' - .1-•fyq-,.: ,s, :e.,ilt.-":..,., ' -,i- (‘l.'. !, ,,,,V 11.1t:%,-,7, ,;‘',.0.."r;',1i 'Aco p,,'4,:' ...„.0,-..,-..,,,,r4-;,,,.,: , . ..,, , ,.1 .1, :',;-'2"Ffni=":': '::..,`'4,:-1.:,..,,',1.il`litil- ' -- ' ' • ,,...,. , ,,,if. . • : .., , ..,,,,, ...... • . .. . ' ' ,'- ' illeitooriatteMadiadati.,,,,Q4iditailiniiniannitittla.A1 ittadtailltiliii.,*e. ,, .., Pietir.Pit''';-:.4 1.1 , 11. 6C-1/-1/1-9 EXHIBIT "A" All that par . of Rice Street lying south of Acker Street and lying north o . line (designated as Line "A") which is distant 122 feet north of t e southeast corner of Section 25 , Township 29 North, Range . 3 West and is also perpendicular to the east line of said secti.n 25; said part of Rice Street also lies easterly of the follow' n.i described line: Beginning :t a point on said line "A" , distant 32 feet westerly o the east line of said section 25; thence run northe , ly to a point distant 20 feet easterly of and perpendicular to the east line of said section 25 , said poin being 482 feet north of the southeast corner of said s- dtion 25. Subject to a ten foot bridge easement •rth of and abutting said Line "A" .