278747 1KHITE - CITY CLERK ('��("����
PINK - FINANCE N v
CANARY - DEPARTMENT G I TY OF SA I NT ��U L COUIICII
BLUE - MAYOR
File N .
ou ' oluti n
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 froa► the State's standards for design of urban roadways for the recon-
struction of LEXINGTON PARKWAY between University Avenue and the Burlington Northern
Railway arch bridge; 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 ind�mnifying,
saving and holding harmless the State of Minnesota fra�n any claims arising out of
the granting of this variance; and
WF�REAS, The City has no other option available to it to receive the nariance
requested unless it canplies with the demands of the Co�anissioner of the Department
of Transportation; now, therefore, be it
RESOLVED, That as the sole condition to receiving a variance fran the provisions
of State Aid Rules 14 1�CAR §1.5032 H, 1, C, the Council of the City of Saint Paul
dces hereby agree to indemnify, save, and hold harmless the State of Minnesota and
all of its agents and employees fran 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 LEXINGTON PARKWAY between University Avenue and the
Burlington Northern Railway arch bridge, the said claims arising out of the said
construction being in any other manner than as a 68 foot wide street with a 14 foot
median and with no parking permitted in accordance with the Minnesota State Aid Construction
Standards to be found in the rules of the Minnesota Department of Transportation 14 MiCAR
�51.5032, or arising as a result of the Cammissioner's decision to grant this variance.
COU[VCILMEN Requestgd by Department oE:
Yeas Nays ��
Hunt p ],•
Levine In Favor
�dd�-�
McMahon
snoweiter �__ Against BY
Tedesco
Wilson ti �„�Y 2 7 1982
Form Ap ov d by City ttor y
Adopted by Council: Date —
Certifi� Passed o il Se etary BY
� + ,
By
Approv avor: Approv y for Submiss'on to Council
BY - " " – -T By
PUBUSHED JUN 51982
DEPaRTMENT: P�lic works
CONTACT: Thomas Kuhfeld
, ROUTING Ar�n EXPIANATI�N SHEET p��E; 292-
GREEN SHEET` � � �� - I�
, 7
For Administrative Orders, Resolutions, Ordinaneesrs���p���y
C[G G.i Y LJ
ROUTING ORDER - ROUTE BY ASSIGNFn NLMS R: 1 3 '7�7Z
DIRECTOR F FFICE MAY 1 ? 1982
3 MAYOR �
CITY ATTORNEY
R-�j I� DIRfCTOR, FIN NCE & MGT. SERVICES
'�- CITY ATTORNEY �_ CITY CI.ERK
BUDGET DIRECTOR
AGTIQN REALIESTED �C iP AL o -ATt�NS FnR MeynRei SirN�rt1R ); This Resolution is a "hold hdxmless
clause" that the Minnesota Departiaent of Transportation requires before they will grant the
variance to State standards requested by the City for Lexington Parkway (City Project P-0569B) .
r
WNAT WILL BE A[_'HiEYED BY TAK.tN� ACTION ON TH ATTA _H n NL�T RtA _ �P �RPA AN� RATIONA )�;
This project has been through the C.I.B. process and approved by the City Council. The Council
authorized the "Request for Variance" by Resolution C.F. �277478. This is required before we
can award a contract on this project. It is critical that this not be delayed since the project
is currently in the bidding process.
FiNANCiA . B ID+ TARY AND P R4ANNG1 IMPACTS ANTiCiPATFif;
This will have no impact unless the State gets sued for granting the variance. This is
considered unlikely.
ATTACHMENTS �LIST ALL ATTACHMENTS):
j, Resolution
2.
3.
' = eaee nev.cew necea oK o o suppo cunit►cta
� . � C,i,ty A,tton.ne�. :
J. Counc.i.0 Reeo.Cu,ti,on Req�w�cedY X y� NO 1. RceoLati.ont f�ES NO
� — — —
2. Inaunance Req:ci�c¢df YES X NO 2. InbuKaxce Su6�ic.i.¢ntt YES NO
_ �.
3. Ineunance A,Lta.chedP VES X NO
Pevisi,ati Oti:4/29/82