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88-2049 YNITE � - CITV CLERK COIlI1Cl1 �'f '/ �NK -sFINANCE GITY OF SAINT PAUL CANARV - D�EPARTMENT ��.� J�L�� �BLUE - MAVOR File NO. r�� r� � y Council Resolution Presented By Referred To Committee: Date �ti���� Out of Committee By Date RESOLUTION ACCEPTING JOINT PROPOSAL OF SUPPORT FOR ROUTE A-3. WHEREAS, Northern States Power Company (NSP) , Chicago and Northwestern Transportation Company (C & NW) and Soo Line Railroad Company (Soo Line) under date of September 9, 1987, amended March 8, 1988, entered into a Joint Proposal Of Support For Route A3 (Joint Proposal); and WHEREAS, the purpose of the Joint Proposal was to encourage City designation of Route A-3 between ftandolph Avenue and Chestnut Street in the construction of Shepard Road, and WHEftEAS, the Joint Proposal contains the agreement of the parties to the Joint Proposal to do certain things which would facilitate implementation of the right of way acquisition for and construction of Route A-3; and WHER.EAS, under the terms of the Joint Proposal, the Joint Proposal and the agreements therein contained become null and void unless, before January 1, 1989, the City of Saint Paul (City) has designated �.oute A-3 and accepted the Joint Proposal; an;� WHE�.EAS, the Joint Proposal does not contain terms of adjustment to existing Shepard Road after its relocation to the Route A-3 alignment and other matters unrelated to Route A-3 as between NSP and the City whictt the City and NSP agree should be the subject of further agreement between them; and V�HEREAS, the Joint Proposal provides that if the City accepts the Joint Proposal and agrees to be bound by the provisions thereof, then the City shall be deemed a party to the Joint Proposal; and COUNCIL MEMBERS Requested y Department of: Yeas Nays � � Dimond �� � [n Favor Goswitz Rettman �, �. scne;ne� _ Against BY � Sonnen Wilson Form Approved by City A�ney Adopted by Council: Date � Certified Yassed by Council Secretary BY By� Approved by Mavor. Date _ Approved by Mayor for Submission to Council By BY , . ` ' ' �'��/� . ' -2- -� r WHEREAS, the City has undertaken an Environmental Impact Statement (EIS) for the Shepard Road improvement studying the environmental impact of various alignment alternatives and under requirements of the Federal Highway Administration, Minnesota Department of Transportation and City guidelines, the City cannot be a party to a right of way acquisition agreement until after the Final EIS is approved, and WHEREAS, as part of the continuing EIS process the City Council has designated Route A-3 as the right of way alignment for the Shepard Road improvement, the City Council has been requested by staff to accept the Joint Proposal upon the understanding that the City would conclude further agreement with NSP on matters unrelated to Route A-3and the Council is willing to accept the Joint Proposal on this arrangement and understanding; now therefore, be it ftESOLVED, that the Council of the City of Saint Paul accepts the Joint Proposal of Support For Route A-3 and agrees to be bound by the provisions thereof subject to the following conditions: a) City acceptance of the Joint Proposal is contingent upon final concurrence by the Federal Highway Administration (FHWA) in the designation of ftoute A-3 and approval of the EIS as contained in the FHWA ftecord of Decision; b) City acceptance is conditioned that in submitting issues to arbitration under the Joint Proposal, for any issues regarding respective obligations between it and NSP under applicable environmental laws, the City shall be in no worse position by reason of the arbitration proceedings than if it had proceeded under provision of the applicable environmental laws; and c) City acceptance is conditioned upon the understanding that the City at its sole cost may widen the Route A-3 right of way across NSP's High Bridge Plant property for the purpose of landscaping the roadway; . W ITE �CITV CLERK COI1f1C1I �f�N/f - FINANCE GITY OF SAINT PAUL /( CANARV - D�EPARTMENT � G .BLUE - MAVOR File NO. v -�0�� _ � � Council Resolution Presented By �� Referred To �� Committee: Date ��'—���-/ �� Out of Committee By Date -3- RESOLVED FUftTHER, that the City Clerk is hereby directed to transmit copies of this Resolution to each of the parties to the Joint Proposal as the City's acceptance of the Joint Proposal under Article IV (G) therof, as amended. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ng In Favor co��c� Q e� Rettman s�6e;ne� _ Against BY Sonnen Wilson DEC 2 2� Form Approved by City Attorney Adopted by Council: Date / Certified Yas b Council Secre y By / By Approv d fNav : Da _ �C � � � Approved by Mayor for Submission to Council � B By p�!St{f� D E C V 1 1988 NMITE - C�TY CLEMK PINK - FIN/�N�E G I TY O F SA I NT PA U L CO""cil � aOc�9 CAN�NV -OEPARTMENT Fl�C NO• elUE -M�vOA � . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLUTION ACCEPTING JOINT PROPOSAL OF SUPPORT FOR ROUTE A-3. WHEREAS, Northern States Power Company (NSP), Chicago and Northwestern Transportation Company (C & NW) and Soo Line Railroad Company (Soo Line) under date of September 9, 1987, amended March 8, 1988, entered into a Joint Proposal Of Support For Route A3 (Joint Proposal); and WHEREAS, the purpose of the Joint Proposal was to encourage City designation of Route A-3 between Randolph Avenue and Chestnut Street in the construction of Shepard Road, and WHEREAS, the Joint Proposal contains the agreement of the parties to the Joint Proposal to do certain things which would facilitate implementation of the right of way acquisition for and construction of Route A-3; and WHEREAS, under the terms of the Joint Proposal, the Joint Proposal and the agreements therein contained become null and void unless, before January 1, 1989, the City of Saint Paul (City) has designated Route A-3 , and accepted the Joint Proposal; and WHEREAS, the Joint Proposal does not contain terms of adjustment to existing Shepard Road after its relocation to the Route A-3 alignment and other matters unrelated to Route A-3 as between NSP and the City which the City and NSP agree should be the subject of further agreement between them; and WHEREAS, the Joint Proposal provides that if the City accepts the Joint Proposal and agrees to be bound by the provisions thereof, then the City shall be deemed a party to the Joint Proposal; and COUNCIL MEMBERS Requested by Department of: y� Nays Dimood [.o� In Favor Gos�.itz Retts�°° BY ��� Against s�� vws� Focm Approved by City At�y Adopted by Council: Date B � Cectitied Passed by Council Secretacy y BS. Approved by Mayor for Submission to Countil Approved by Mavor: Uate ^- --- a - - -2- WHEKEAS, the City has undertaken an Environmental Impact Statement (EIS) for the Shepard Road improvement studying the environmental impact of various alignment alternatives and under requirements of the Federal Highway Administration, Minnesota Department of Transportation and City guidelines, the City cannot be a party to a right of way acquisition agreement until after the Final EIS is approved, and � WHEREAS, as part of the continuing EIS process the City Council has designated Route A-3 as the right of way alignment for the Shepard Road improvement, the City Council has been requested by staff to accept the Joint Proposal upon the understanding that the City would conclude further agreement with NSP on matters unrelated to Route A-3and the Council is willing to accept the Joint Proposal on this arrangement and understanding; now therefore, be it RESOLVED, that the Council of the City of Saint Paul accepts the Joint Proposal of Support For Route A-3 and agrees to be bound by the provisions thereof subject to the following conditions: a) City acceptance of the Joint Proposal is contingent upon final concurrence by the Federal Highway Administration (FHWA) in the designation of Route A-3 and approval of the EIS as contained in the FHWA Record of Decision; b) City acceptance is conditioned that in submitting issues to arbitration � under the Joint Proposal, for any issues regarding respective obligations between it and NSP under applicable environmental laws, the City shall be in no worse position by reason of the arbitration proceedings than if it had proceeded under provision of the applicable environmental laws; and c) City acceptance is conditioned upon the understanding that the City at its sole cost may widen the Route A-3 right of way across NSP's High Bridge Plant property for the purpose of landscaping the roadway; wNITE - UTV tl_EwK PINK �- FINANCE C�(�`�' CAN�NY - DEO�RTMEN• G I TY O F SA I NT PA U L - oLUE - w��rOf1 [�'l�C HQ. � Council Resolution Presented By Re(erred To Committee: Date Out of Committee By Date -3- RESOLVED FURTHER, that the City Clerk is hereby directed to transmit copies of this Resolution to each of the parties to the Joint Proposal as the City's acceptance of the Joint Proposal under Article IV (G) therof, as amended. COUNCII, MEMBERS Requested by Department ot: Yeas Nays Dimond �ne In Favor . c�..i� �� �� Against BY Soanea WOsoa Focm Approved by City Attocney Adopted by Council: Date / �/. Certi[ied Passcd by Council Secretary BY B•,• Aooroved bv Mavor: Date Approved by Mayor for Submission to Coancil wHITE - C��r CIEwK PIN0. - FIN�NCE GITY OF SAINT PAUL CO""c�l �-�v��� C�NARV - DEPAN��+ENT FIIC NO• lLUE -w.�vOA . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLUTION ACCEPTING JOINT PROPOSAL OF SUPPOftT FOR ROUTE A-3. WHEREAS, Northern States Power Company (NSP), Chicago and Northwestern Transportation Company (C & NW) and Soo Line Railroad Company (Soo Line) under date of September 9, 1987, amended March 8, 1988, entered into a Joint Proposal Of Support For Route A3 (Joint Proposal); and WHEREAS, the purpose of the Joint Proposal was to encourage City designation of Route A-3 between Randolph Avenue and Chestnut Street in the construction of Shepard Road, and WHEREAS, the �Joint Proposal contains the agreement of the parties to the Joint Proposal to do certain things which would facilitate implementation of the right of way acquisition for and construction of Route A-3; and WHEREAS, under the terms of the Joint Proposal, the Joint Proposal and the agreements therein contained become null and void unless, before January 1, 1989, the City of Saint Paul (City) has designated Route A-3 and accepted the Joint Proposal; and I WHEREAS, the Joint Proposal does not contain terms of adjustment to existing Shepard Road after its relocation to the Route A-3 alignment and other matters unrelated to Route A-3 as between NSP and the City whictt the City and NSP agree should be the subject of further agreement between them; and WHEREAS, the Joint Proposal provides that if the City accepts the Joint Proposal and agrees to be bound by the provisions thereof, then the City shall be deemed a party to the Joint Proposal; and COUNCIL MEMBERS Requested by Department of: ycas Nays Dimond [o� [n Favor coswitz Ret#w°° BY ��� Against sonoen W�soo Focm Approved by City A�ney Adopted by Council: �ate � Cenified Passed by Council Secretary By 8}• Approved by Mayor for Submission to Council Approved by Mavor: Date ^- -— a . - -2- WHEREAS, the City has undertaken an Environmental Impact Statement (EIS) for the Shepard Road improvement studying the environmental impact of various alignment alternatives and under requirements of the Federal Highway Administration, Minnesota Department of Transportation and City guidelines, the City cannot be a party to a right of way acquisition agreement until after the Final EIS is approved, and � WHEREAS, as part of the continuing EIS process the City Council has designated Route A-3 as the right of way alignment for the Shepard Road improvement, the City Council has been requested by staff to accept the Joint Proposal upon the understanding that the City would conclude further agreement with NSP on matters unrelated to Route A-3and the Council is willing to accept the Joint Proposal on this arrangement and understanding; now therefore, be it RESOLVED, that the Council of the City of Saint Paul accepts the Joint Proposal of Support For Route A-3 and agrees to be bound by the provisions thereof subject to the following conditions: a) City acceptance of the Joint Proposal is contingent upon final concurrence by the Federal Highway Administration (FHWA) in the designation of Route A-3 and approval of the EIS as contained in the FHWA Record of Decision; b) City acceptance is conditioned that in submitting issues to arbitration under the Joint Proposal, for any issues regarding respective obligations between it and NSP under applicable environmental laws, the City shall be in no worse position by reason of the arbitration proceedings than if it had proceeded under provision of the applicable environmental laws; and c) City acceptance is conditioned upon the understanding that the City at its sole cost may widen the Route A-3 right of way across NSP's High Bridge Plant property for the purpose of landscaping the roadway; --, � - -- -- wM�TE - C�7r CLEMK PINK - FiNAN�E C I TY O F SA I NT PA U L Councii L�NANY - DEP�qrMENr - eLUE -MA�OA FL�C NO• - Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -3- RESOLVED FURTHER, that the City Clerk is hereby directed to transmit copies of this Resolution to each of the parties to the Joint Proposal as the City's acceptance of the Joint Proposal under Article IV (G) therof, as amended. COUNCII, MEMBERS Requested by Department of: Yeas Nays Dimood tpnt In Favor . cos..ltz Rettman �� Against BY soonea VYflsoa Adopted by Council: Date Fam AQproved by City Attomey CeNi(ied Passed by Council Secretary BY � B� Aooroved bv Mavor: . Date Approved by Mayor tor Submission to Council