280844 WlFIITE - C�TV CLERK
PINK - FINANCE ���,��
CANARV - DEPARTMENT COIlIIC1I ��1iL�
BLUE - MAVOR GITY OF SAINT PALTL File NO. "" a �'
,
Coun 'l Res lution
, � �
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The City of Saint Paul has requested that the Department
of Transportation grant a variance from the State's standards for design
of urban roadways for the reconstruction of PAYNE AVENUE between Whitall
Street and Reaney Avenue; and
WHEREAS, The Commissioner of the Department of Transportation has
by letter notified the City that the request for a variance has been
granted upon condition that the City Council of the City of Saint Paul
adopt a resolution indemnifying, saving and holding harmless the State
of Minnesota from any claims arising out of the granting of this
variance; and
WHEREAS, 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 Transportation; now, therefore, be it
RESOLVED, That as the sole condition to receiving a variance from
the provisions of State Aid Rules 14 MCAR Section 1.5032 H, 1, C, the
Council of the City of Saint Paul does hereby agree to indemnify,
save, and hold harmless the State of Minnesota and all of its agents
and employees from any and all claims, demands, actions, or causes of
actions of whatsoever nature or character arising out of or by reason of
in any manner the reconstruction of PAYNE AVENUE from Whitall Street to
Reaney Avenue, the said claims arising out of the said construction
beinq in any other manner than as a 72 foot wide curb to curb street in
accordance with the Minnesota State Aid Construction Standards to be
found in the rules of the Minnesota Department of Transportation 14 MCAR
Section 1.5032, or arising as a result of the Commissioner 's decision to
grant this variance.
COUNCILME[V Requested by Department of:
Yeas Nays �
Fletcher
Ga°� In Favor
Masanz
Nicosia
scneiber � Against BY
Tedesco
Wilson
SEP 6 1983 Form Appro ed y it A o ney
Adopted by Council: Date �
Certifie assed Co il S etary BY � `
By� / w � �.
Ap by 1Navor. Da � SEP 8 1983 �►PP b�, or for b 'ss' ouncil
B g ) � �v?�-�" �
PUBLiSHED S E P 1'7 1983
� �8084�
Public �iorks DEPART(•1fN�
Tho�s E. Kuhfeld rrONTACT .
'292-6277 PHONE �
August 10, 1983 DATf �v�� �
(Routing and Explanation Sheet)
Assign Number for Routing Order (Clip All Locations for Mayoral Signature): RE�E��E� �
-� _ _ -�---_� .,�-�---
AU� 2�� i9�
r� City Attorney C'T
3 Di rector of Management/Mayor Y/�]'TQRN�
Finance and Management Services Director
4 City Clerk
Budget Di rector
What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale):
RE: B1085B Payae Avenue (Whitall Street to Reaney Avenue). This Resolution is a "flold
Harmless Clause" that Mn/DOT requires before they will grant the variance to State standards
for the �ridth we want to build Paqne Avenue. It holds the State harmless for letting us
build a portion of Payne Aveaue 46' wide rather than the ',?�' etandard. The Council authorized
the "Request for Variance" by Resolution C.F. �280221. This is required to proceed with the
project.
Financial , Budgetary and Personnel Impacts Anticipated:
This Will have no fiscal impact unless the State gets sued for granting the variance. This
is considered highly unlikelq.
Funding Source and Fund Activity Number Charged or Credited:
None. 't5 `
Attachments (List and Number all Attachrr�nts,) :
Council Resolution
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
X Yes No Council Resolution Required? Resoluti,on Required? Yes No
Yes x No Insurance Required? Insurance Sufficient? Yes No
Yes u No Insurance Attached?
Revision of October, 1982
(See Reverse Side for 'Instructions)