87-592 WHITE - C�TV �LERK
PINK - FINANCE GITY OF SAINT PAUL Council //�� 1
CANARV - DEPARTMENT File NO• �`• �v ��
BLUE - MAVOR
Counc ' Res ution �- �
. � ;� 1
Presented By �
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The City of Saint Paul has requested that the Department of
Tr�sportation c,�ant a variance from the State's standards for design of urban roadways
for the reconstruction of LEXI�TON PARKWAY from 125' South of Montana to Larpenteur
Averx�e; and
WHEREAS, The Commissioner of the Department of Transp�tatia� has by letter
notified the City that the request for a variance has been gr�ted upcm ccmdition that the
City Co�cil of the City of Saint Paul adopt a resolution indemnifying, saving �d hoiding
harmless the State of Mir�esota from any ciaims arising out of the granting of this
variance; and
VVHEREAS, The City has no other option available to it to receive the variance
requested unless it complies with the demands of the Commissioner of the Department
of Tr�sportation; now, therefore, be it
RESOLVED, That as the sole condition to receiving a variance from the provisions
of State Aid Rules Section 8820.9912, the Council of the City of Saint Paui does hereby
ac,�ee to indemnify, save, �d hoid harmiess the State of Minnesota and all of its agents
and employees of and from any and ail ciaims, demands, actions or causes of actions of
any nature or ch�acter arising out of or by reason of, in any m�er, the reconstruction
�oject on LEXINGTON PARKWAY from 125' South of Montana Avenue to tarpenteu�
Averx�e, in any other man�r th� as a 52 foot wide curb to curb street, in accordance
with the Mirmesota Ruies Section 8820.3300, and further agrees to defend at their sole
cost and expense any action or proceeding commenced for the purpose nf asserting �y
claim of whatsoever ch�acter arising as a resu)t of the c�anting of this variance.
COUNC[LMEN Requested by Department of:
Yeas Drew Nays
'�i°"' � [n Favor Pub 1 i c Wo ks DAH 4- -8
Rettman
Scheibel
Sonnen b __ Against BY
Tedesco
�"�°°" AP� � 0 f�l Form Approv by City Attorney
Adopted by Council: Date
Certified V s ed b ouncil S BY
sy�
Approv :Navor: D _ Approv d ayor Submi ion to Council •
By _ _
P��'^' i".�'? ',. . ,. '. '�iJ/
4��#Y� ; ,
Publ i c Works DEPARTMENT �=�7✓�'z
� Dan i ei A. Haak � CONTACT N� 4 416
292-b280 PHONE
April 9, 1987 � DATE �Q/�� e Qr
ASSIGN NUh�ER FOR ROUTING ORDER (Clip All Locations for Signature) :
T `" � r 3 Director of Management/Mayor
Finance and Management Services Director +T City Clerk
Budget Director
2 City Attorney
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
RE: P-1016 LEXINGTON PARKWAY from Jessamine Avenue to Larpenteur Avenue
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 we want to build
Lexington Parkway. It holds the State harmless for letting us build a portion of Lexington
Parkway from Jessamine Avenue to Larpenteur Avenue 36' wide rather than the 5?' wide standard.
The City Council authorized the "Request for Variance" by Resolution C.F. #86-1528. This 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 th�`�v'�'Y�ce. This '
is considered highly unlikely.
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
$10,00Q)
Funding Source:
Activity Number: - �
ATTACHMENTS (List and Number All Attachments) : '
Council Resolution '
�
DEPARTMENT REVIEW CITY ATTORNEY REVIEW i
XYes No Council Resolution Required? Resolution Required? Yes No
Yes �No Insurance Required? Insurance Sufficient? Yes No
Yes X No Insurance Attached:
(SEE REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84