87-591 WMITE — CITV CIERK
PINK — FINAN�E G I TY O F SA I NT PA U L Council
CANARV — OE�ARTMENT File NO. ��_��/
BLUE — MAVOR
Cou cil R olution
. � � o
Presented By
Referred To Committee: Date
Out of Committee By Date
Wf�REAS, The City of Saint Paui has re�ested that the Dep�tment of
Transportation gr�t a variance from the State's standards for design of urban roadways
for the bitumina�s overlay of SIXTH STREET from Hope Street to Cypress Street; and
WI�REAS, The Commissior�r ot the Dep�tment of Transportation has by letter
notified the City that the req�st for a variance has been granted �on ca�dition that the
City Council of t1�e City of Saint Paul adopt a resolution indemnifying, saving and holding
harmless the State of Mirx�esota trom any claims �ising out of the granting of this
variance; and
WHEREAS, The City has no other option availabie to it to receive the variance
requested unless it canplies with the demands of the Commissioner of the Department
of Transportation; now, therefore, be it
RESOI.VED, That as the sole condition to receiving a variance fran the provisions
of State Aid Rules Section 8820.9912, the Co�cil of the City of Saint Paui does hereby
agree to indemnify, save, �d hold harmiess the State of Minr�sota and ail of its agents
and empioyees of and from any and ail claims, demands, actions or causes of actions of
�y nature or character arising out of or by reason of, in any manner, the bitumina�s
overiay project on SIXTH STREET from Hope Street to Cypress Street, in any other m�x�er
than as a 46 foot wide curb to curb street and a design speed of 30 miles per h�, in
accordance with the Mi�esota Rules Section 8820.3300, and further agrees to defend at
their sole cost and expense any action or proceeding commenced for the p�pose of
asserting any claim of whatscever character arising as a result of tt�e c,�anting of this
variance.
COUNCILMEN Requested by Department of:
Yeas DfeW Nays �
�� Public Works (DAH) 4-9-87
Rettman [n Favor
Scheibel O
Sonnen __ Agal[ist BY '
Tedesco
�.-101�i1es+►
Adopted by Council: Date APR � 0 1987 Form Approv d by City t rney
Certified P- -s Council , t BY
ss�
Approv by �lavor. Dat
� Y �' 1 ��0� Approv Mayo u 'ssion to Council
gy B
A`,�e lYt.... .. �,��`��r'
�1
. Pubfiic Works DEPARTMENT ��l`��� No 4417'
.
Daniel A. Haak � CONTACT
292-6280 PHONE
APri 1 9, 1987 DATE ���r� `r �
ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) :
1 r 3 Director of Management/Mayor
Finance and Management Services Director 4 City Clerk
Budget Director
2 City Attorney
WHAT WILL BE ACHIEVED BY TAKING ACTION OPI THE ATTACHED MATERIALS? (Purpose/
Rationale) :
RE: P-1000 SIXTH STREET from Hope Street to Cypress Street
This resolution is a hold harmless clause that the Minnesota Department of Transportation
requires before they will grant the variance to State Standards for the width and speed we
want to build SIXTH STREET. It holds the State harmless for letting us build a portion of
SIXTH STREET from Hope Street to Cypress Street 42' wide and 15 m.p.h. rathe� than the 46'
wide and 30 m.p.h. standard. The City Council authorized the "Request for Variance" by
Resolution C.F. #86-1528. Th�s is required to proceed with the project.
COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED:
This will have no fiscal impact unless the State gets sued for granting the variance. This
is considered highly unlikely. RECEIVED
APR 17 1987
MAYOR'S OFFICE
FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of Transaction: N/A quired if under
$10,000)
Funding Source:
Activity Number: �
i
ATTACHMENTS (List and Number All Attachments) : �
,
i
Council Resolution
I
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
X Yes No Council Resolution Required? Resolution Required? Yes No
Yes XNo Insurance Required? Insurance Sufficient? Yes No
Yes X No Insurance Attached:
(SEE REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84